A High Court judge sitting at a pre-trial review of an action has the power to rule on the admissibility of a party’s expert evidence, including also making an order for a trial of that issue. The need for speedy disposal of cases required this power.
Times 01-Feb-1999, [1999] EWCA Civ 620
Rules of the Supreme Court Order 33 R 3
England and Wales
Updated: 30 November 2022; Ref: scu.145535
The Court of Appeal is not strictly bound by the terms of leave to appeal given, but where the points had been specifically considered a point could only be heard with the leave of the Court of Appeal which had full power to regulate its own proceedings.
Robert Walker LJ
Times 14-Jan-1999, [1998] EWCA Civ 1961, [1999] 1 WLR 1713, [1999] 1 All ER 879
England and Wales
Cited – Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris CA 21-Oct-2003
The claimants sought damages from mortgagees who had sold their charged properties as receivers. They said they had failed to sell at a proper value. They asked whether the express appointment in the mortgage of receivers as agents of the mortgagor . .
Cited – Den Norske Bank Asa v Acemex Management Company Ltd CA 7-Nov-2003
Money had been loaned for the purchase of three ships,and mortgages over the ships had been given given. The borrowers were in default, and the lender sought to arrest the vessels. The defendant argued that the way the arrest had been undertaken . .
Cited – Roger Michael and others v Douglas Henry Miller and Another ChD 22-Mar-2004
Property had been sold by the respondents as mortgagees in possession. The claimants said the judge had failed to award the value of the property as found to be valued, and had not given a proper value to a crop of lavender.
Held: In . .
Cited – Hardy and others v Fowle and Another ChD 26-Oct-2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered.
Held: The lease had been surrendered by a deed. The defects in notice alleged did . .
Cited – Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others CA 21-Oct-2003
The claimants complained that the receivers appointed by the bank had failed to get the best price for properties charged to the bank and sold, in that they had failed to obtain planning permissions which would have increased the values of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.90664
An amendment to pleadings was allowed after the limitation period had expired in order to add a claim based on the same facts. The claim was brought by the father of a young man injured in a motor cycle accident. For fourteen days the father stayed at his son’s bedside, watching him deteriorate in health and fall into a coma and then die. The father now appealed against an order striking out his claim.
Held: Appeal dismissed, finding that there was no trace in the medical report of ‘shock’ no sudden appreciation by sight or sound of a horrifying event. The report described a process continuing for some time, from first arrival at the hospital to the appreciation of medical negligence after the inquest. In particular the son’s death when it occurred was not surprising but expected. There was no reason in logic why a breach of duty causing an incident involving no violence or suddenness, such as where the wrong medicine is negligently given to a hospital patient, could not lead to a claim for damages for nervous shock, for example where the negligence has fatal results and a visiting close relative, wholly unprepared for what has occurred, finds the body and thereby sustains a sudden and unexpected shock to the nervous system.
Peter Gibson LJ, Staughton LJ, Waite LJ
Times 10-Jun-1994, [1994] 5 Med LR 170, [1994] EWCA Civ 26
England and Wales
Cited – North Glamorgan NHS Trust v Walters CA 6-Dec-2002
A new mother woke in hospital to see her baby (E) fitting. E suffered a major epileptic seizure leading to coma and irreparable brain damage. E was transferred to a London hospital and the following day the claimant was told by a consultant that E’s . .
Cited – Taylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
Cited – Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.89280
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to appeal review was not a private law right, and the County Court had no jurisdiction in judicial review.
Held: The Council’s appeal was allowed. The right under an introductory tenancy was only to remain into possession until and unless a possession order was made. An introductory tenant could not raise a defence to a claim for possession when that defence was based on the contentions that (a) there had been no breaches of the tenancy agreement (the substantive ground relied on by the Council for bringing the instant proceedings), (b) the relevant Regulations had not been complied with, and (c) there had been a failure to comply with the rules of natural justice in the conduct of the review by the Panel. To hold otherwise would defeat the purpose of the legislation.
Lord Justice Auld, Lord Justice Judge, Sir John Knox
Times 12-Jan-1999, Gazette 03-Feb-1999, [1998] EWCA Civ 1967, (1999) 31 HLR 810, [1999] 1 WLR 809, [1999] L and TR 190
Housing Act 1996 Part V 125(1) 127 128, Housing Act 1996 125(1), Introductory Tenants (Review) Regulations 1997, County Court Act 1984 38(3)
England and Wales
Cited – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Disapproved in part – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.145446
The claimant had lost actions for false imprisonment, malicious prosecution and assault. He sought leave to appeal out of time.
Held: The reasons for requesting an adjournment were quite inadequate, and in the light of Kitching, the case was hopeless. Leave refused.
Lord Justice Simon Brown Mr Justice Wilson
[1999] EWCA Civ 548
England and Wales
Cited – Director of Public Prosecutions v Kitching 1989
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.145463
Only in exceptional circumstances, should a lay person be allowed to represent a party in a county court. In this case no such exceptional circumstance had been established, and the decision was not to be upheld.
Aldous and Waller LJJ
Times 11-Feb-1999, [2000] CP Rep 80, [1999] TLR 106, [1999] EWCA Civ 668
England and Wales
Applied – D v S (Rights of Audience); In re and Application by Dr Pelling CA 18-Dec-1996
The court said that the representation of a litigant in person by a charging non-professional must be only exceptional. . .
Cited – In Re N (A Child) FD 20-Aug-2008
There had been several hearings and the father had been assisted by a McKenzie friend permitted to address the court. The father now objected to the mother’s McKenzie friend being given similar leave.
Held: Whilst Dr Pelling might make a . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.83734
Defendant’s application for new trial after appeal – rejected.
[2003] EWCA Civ 333
England and Wales
See Also – Leicester Circuits Ltd v Coates Brothers Plc CA 5-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.662434
Questions as to the court’s approach to the registration in this jurisdiction of a judgment of a German court under Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In particular, the court is asked to consider whether that registration should be set aside when the judgment debt in question was subsequently included within a binding insolvency plan, which is to be recognized in this jurisdiction pursuant to Council Regulation (EC) 1346/2000 on Insolvency Proceedings.
Mrs Justice Eady
[2021] EWHC 1168 (QB)
England and Wales
Updated: 30 November 2022; Ref: scu.662431
The parties disputed the extent of the duty on the defendant to make disclosure of documents. Over 2.5 million possible documents had been identified. The bank now claimed privilege for documents relating to the complaint issues created in discussions between the bank and its regulator.
Held: The documents had privilege unless and until the bank sought to rely upon the findings of the regulator.
Birss J
[2015] EWHC 1557 (Ch), [2015] WLR(D) 251, [2016] 1 WLR 361, [2015] 2 BCLC 401
England and Wales
Updated: 30 November 2022; Ref: scu.547602
Case management
Zacaroli J
[2019] EWCh 3514 (Ch)
England and Wales
Updated: 27 November 2022; Ref: scu.650973
Whether in certain circumstances the court has power – and, if so, when and whether it should exercise such power – to grant conditional permission to pursue a multiple derivative action at common law or stay such proceedings.
Mr Stephen Houseman QC (sitting as a Deputy Judge of the High Court)
[2020] EWHC 1352 (Ch)
England and Wales
Updated: 27 November 2022; Ref: scu.650975
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on a limitation point by an application made under CPR 24.2 and preferably after the claimant has had an opportunity to plead its case. That is no more than a statement of good practice. It is desirable that the court should be able to consider evidence that is relevant to knowledge, whether objective or subjective, and it will generally be preferable for the court to be evaluating the application by applying the well established jurisprudence about CPR 24.2 rather than focussing on the statement of case.
The claim arising from the LIBOR implied terms is clearly time barred. The device of seeking a declaration does not assist for the reasons already given.
There is nothing in the claim that can be salvaged. The particulars of claim and the claim form will be struck out, or judgment will be entered in favour of the Bank under CPR 24.2, and the application for permission to amend will be dismissed.
Chief Master Marsh
[2020] EWHC 1264 (Ch)
England and Wales
Cited – Wragg and Another v Partco Group Ltd UGC Ltd CA 1-May-2002
A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim.
Held: The rules made . .
Cited – Cassa Di Risparmio Della Repubblica Di San Marino Spa v Barclays Bank Ltd ComC 9-Mar-2011
The claimant alleged misselling of a complex financial product by the defendant.
Held: Hamblen J set out the relevant principles as to misrepresentation in this context, namely that in a deceit case, the representor should understand that he . .
Cited – Kim v Park and Others QBD 25-Apr-2013
Where a statement of case is found to be defective, the court should consider whether the defect may be cured by amendment and, if it might be, the court should not strike it out without first giving the party concerned an opportunity to amend it . .
Cited – Property Alliance Group Ltd v The Royal Bank of Scotland Plc ChD 21-Dec-2016
Claim for alleged misselling of interest rate swap products. . .
Cited – Woodeson and Another v Credit Suisse (UK) Ltd CA 17-May-2018
Appeal from a decision to grant the defendant bank summary judgment in respect of certain of the claimants’ claims. The result of the judgment is that the claimants can pursue a claim in deceit and contend that such claim is neither time-barred nor . .
Cited – JSC Bank of Moscow v Kekhman and Others ComC 29-Oct-2015
Two related applications were before the court: (i) the claimant’s application dated 27 March 2015 to amend the Particulars of Claim and (ii) the first defendant’s application dated 13 July 2015 to strike out the Particulars of Claim, alternatively . .
Preferred – Granville Technology Group Ltd and Others v Infineon Technologies Ag and Another ComC 25-Feb-2020
Flaux J summarised the principles to be applied when considering what discovery of a fraud was, and what was ‘reasonable diligence’ so as to set the limitation clock started.
He observed that: ‘If section 32(1) involved a statutory assumption . .
Cited – Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited CA 21-Jul-1998
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. . .
Cited – The Law Society v Sephton and Co and others CA 13-Dec-2004
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts.
Held: The liability did not arise until the Society decided to make . .
Cited – Barnstable Boat Co Ltd v Jones CA 2008
Waller LJ (with whom Moore-Bick and Moses LJJ agreed) set out the test for discovery of a fraud as being knowledge of the precise deceit which the claimant alleges has been perpetrated on him. . .
Cited – Allison and Another v Horner CA 12-Feb-2014
Aikens LJ said that mere knowledge of fraud in a general sense is not enough to start the limitation period running: ‘ . . knowledge of the deceit alleged on the part of a claimant’s agent will be insufficient to start the limitation period running . .
Cited – Hussain v Mukhtar QBD 2-Mar-2016
Allegation of fraudulent misrepresentation to secure business investment.
Held: The context may be relevant to what the claimant could with reasonable diligence have discovered but the alleged or actual naivety or inexperience of a claimant . .
Cited – Gresport Finance Ltd v Battaglia CA 23-Mar-2018
Henderson LJ referred to the judgment of Neuberger LJ in Sephton in which he discussed the need for there to be an assumption that the claimant desires to know that there has been a fraud. Henderson LJ observed: ‘Another way to make the same point . . .
Cited – DSG Retail Limited and Another v Mastercard Incorporated and Others CAT 14-Feb-2019
Roth J explained Henderson L’s observation in Gresport as meaning that: ‘ . . the concept of reasonable diligence is to be applied on the assumption that the claimant is on notice of the need to investigate’. . .
Cited – Cunningham v Ellis and Others ComC 30-Nov-2018
For limitation purposes, discovery of an alleged fraud means knowledge of the ‘essential facts constituting the alleged fraud’ is required. . .
Cited – Saeed and Another v Ibrahim and Others ChD 9-Jan-2018
The court considered the overlap between CPR 3.4(2)(a) and CPR 24.2 . .
Cited – Hughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ) CA 9-Mar-2004
Parents and their children claimed against a tax adviser for negligence in relation to setting up an offshore trust. The defendant applied to strike out the children’s claim on the basis that the defendant owed them no duty of care and only the . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.650953
Challenge to system of writs of control.
Lord Leggatt
[2020] EWCA Civ 588
England and Wales
Updated: 27 November 2022; Ref: scu.650925
[2020] EWHC 1147 (QB)
England and Wales
Updated: 27 November 2022; Ref: scu.650818
Appeal from order allowing amendment of proceedings
Mr Justice Zacaroli
[2020] EWHC 567 (Ch)
England and Wales
Updated: 27 November 2022; Ref: scu.650839
The court considered the overlap between CPR 3.4(2)(a) and CPR 24.2
Marsh CM
[2018] EWHC 3 (Ch)
England and Wales
See Also – Saeed and Another v Ibrahim and Others ChD 3-Aug-2018
. .
Cited – Boyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.602625
Two related applications were before the court: (i) the claimant’s application dated 27 March 2015 to amend the Particulars of Claim and (ii) the first defendant’s application dated 13 July 2015 to strike out the Particulars of Claim, alternatively for summary judgment against the claimant.
Flaux J considered what was required on a strike out application against a claim in fraud: ‘The claimant does not have to plead primary facts which are only consistent with dishonesty. The correct test is whether or not, on the basis of the primary facts pleaded, an inference of dishonesty is more likely than one of innocence or negligence. As Lord Millett put it, there must be some fact ‘which tilts the balance and justifies an inference of dishonesty’. At the interlocutory stage, when the court is considering whether the plea of fraud is a proper one or whether to strike it out, the court is not concerned with whether the evidence at trial will or will not establish fraud but only with whether facts are pleaded which would justify the plea of fraud. If the plea is justified, then the case must go forward to trial and assessment of whether the evidence justifies the inference is a matter for the trial judge.’
Flaux J
[2015] EWHC 3073 (Comm)
England and Wales
See Also – JSC Bank of Moscow v Kekhman and Others ChD 20-Feb-2015
Appeal by JSC Bank of Moscow against the order giving effect to a judgment annulling a bankruptcy order. . .
Cited – Boyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.554218
Whether the appellant, can obtain an order from the court to prevent a second action to determine the beneficial ownership of a Property which is registered in his name.
Lady Justice Arden
[2013] EWCA Civ 1433
England and Wales
Updated: 27 November 2022; Ref: scu.517757
Where a statement of case is found to be defective, the court should consider whether the defect may be cured by amendment and, if it might be, the court should not strike it out without first giving the party concerned an opportunity to amend it
[2013] EWHC 3568 (QB)
England and Wales
Cited – Boyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.518332
Lord Denning MR doubted the applicability of the criteria in American Cynamid to public law proceedings. It is appropriate at the interface of public law and private law for the public interest to be taken into account as one of the factors in the balance of convenience.
Browne LJ said: ‘where a defendant is a public authority performing duties to the public one must look at the balance of convenience more widely, and take into account the interests of the public in general to whom these duties are owed. I think this is an example of the ‘special factors’ affecting the balance of convenience which are referred to by Lord Diplock in American Cynamid Co v. Ethicon Ltd [1975] 1 All ER 504 at 511, [1975] AC 396 at 408.’
Lord Denning MR, Browne LJ
[1978] 1 All ER 411
England and Wales
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Coventry City Council v PGO and Others CA 22-Jun-2011
The children had been placed with short term fosterers. On adopters being found, the fosterers themselves applied to adopt the children. The court was asked whether a county court judge had power to injunct the authority not to remove the children . .
Cited – Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 21-May-2020
No interim relief for Mosque Services
The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.441202
The ordinary principles of international comity were invaded when courts permitted service out of jurisdiction and that the courts should therefore approach with circumspection any application for leave to serve a foreigner out of the jurisdiction. It is an ‘exhorbitant jurisdiction’, and should be ‘exercised with caution and with a bias against invading the sovereignty of a foreign State’ (Lord Simonds). A master or judge may on some occasions be obliged to assess the relative strength of the parties’ cases. In doing so, he does not try the case on the affidavits, because he reaches only a provisional conclusion: the stage for trial and for final decision has not been reached. But he must have regard to all the admissible material before him not just the plaintiff’s case. He must conclude that there is a good arguable case (Lord Simonds), not just a case that can be argued, or a strong argument (Lord Radcliffe).
Lord Radcliffe said: ‘It seems to me that the solution of disputes about the relative merits of trial in England and trial abroad is pre-eminently a matter for the trial judge. Commercial court judges are very experienced in these matters. In nearly every case evidence is on affidavit by witnesses of acknowledged probity. I hope that in future the judge will be allowed to study the evidence and refresh his memory of the speech of Lord Goff in this case in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days. An appeal should be rare and the appellate court should be slow to interfere.’
Lord Radcliffe, Lord Simonds
[1951] AC 869, [1951] 2 All ER 334
England and Wales
View rejected – Malik v Narodni Banka Ceskoslovenska 1946
(Orse Malik v National Bank of Czechoslovakia) The evidential standard for establishing that one of the jurisdictional gateways applied was the civil burden of proof. . .
Cited – Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd PC 11-Oct-2006
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
Held: The English . .
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.416455
Application for permission to bring a second appeal
[2006] EWCA Civ 1197
England and Wales
Updated: 27 November 2022; Ref: scu.266546
[2008] EWCA Civ 97
England and Wales
Updated: 27 November 2022; Ref: scu.265993
Hearing following search and seizure order – claim for copyright infringement
Lord Justice Longmore
[2008] EWCA Civ 67
England and Wales
Updated: 27 November 2022; Ref: scu.264495
The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld.
Held: There had been no obligation to reveal the email, and the claimant could not explain her own delay in commencing the proceedings. The court did not extend the period to allow the action to proceed.
Eady J said: ‘I have concluded that the balance of justice lies very much in favour of prohibiting the use of this disclosed document for the extraneous purpose of claiming damages for defamation in respect of what appears to be a limited publication. That is sufficient to dispose of the applications now before me in the Defendant’s favour.’
Eady J
[2007] EWHC 1658 (QB)
England and Wales
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Riddick v Thames Board Mills Ltd CA 1977
An action was brought by a disgruntled former employee. He had been summarily dismissed and had been escorted from the premises of his employers. In the first action he claimed damages for wrongful arrest and false imprisonment based on the latter . .
Cited – Steinberg v Pritchard Englefield (A Firm) and Another CA 3-Mar-2005
The defendant appealed dismissal of his defence to an action in defamation.
Held: The court proceeded in his absence, discerning two grounds of appeal from the papers. He had suggested that he awaited pro bono representation but was by . .
Cited – Home Office v Hariette Harman HL 11-Feb-1982
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings.
Held: The documents were disclosed under an obligation to use them for the instant case only. That rule . .
Cited – Mahon and Another v Rahn and Others (1) CA 12-Jun-1997
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police.
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited – Dow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
Cited – Lilly Icos Ltd v Pfizer Ltd (No 2) CA 23-Jan-2002
The respondent sought an order to maintain the confidentiality of documents disclosed during patent revocation proceedings. It now appealed an order refusing confidentiality.
Held: Under normal circumstances, a party requesting such an order . .
Cited – Somerville v Hawkins 1851
It is necessary for a claimant who wishes to prove malice in an alleged defamation to plead and prove facts which are more consistent with its presence than with its absence. Mawle J said: ‘it is certainly not necessary in order to enable a . .
Cited – Alexander v Arts Council of Wales CA 9-Apr-2001
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a . .
Cited – Telnikoff v Matusevitch CA 1991
The court considered the element of malice in a defamation defence: ‘If a piece of evidence is equally consistent with malice and the absence of malice, it cannot as a matter of law provide evidence on which the jury could find malice. The judge . .
Cited – IG Index Plc v Cloete QBD 11-Dec-2013
The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.254518
Lord Justice Brooke (Vice President of the Court of Appeal, Civil Division) Lord Justice Buxton Lady Justice Smith
[2005] EWCA Civ 1483
England and Wales
Updated: 27 November 2022; Ref: scu.237461
[1976] 1 WLR 83
England and Wales
Effective – Carnegie v Glessen and Others CA 1-Mar-2005
A dispute had been settled by imposition of a charging order against property expressed in a foreign currency. The claimant now said such an order was not possible, and had been made by mistake correctable under the slip rule.
Held: The Master . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.223981
Application to set aside a grant of permission to appeal – exceptional circumstances
[2002] EWCA Civ 321
England and Wales
Updated: 27 November 2022; Ref: scu.216888
[2002] EWCA Civ 468
England and Wales
Updated: 27 November 2022; Ref: scu.216932
Permission to appeal granted
[2002] EWCA Civ 452
England and Wales
Updated: 27 November 2022; Ref: scu.216880
The claimant had sent a notice of appeal, but it was lost in the post. He now appealed a refusal of leave to apply out of time.
Held: The EAT should look at the circumstances. Here a litigant in person would not have been alerted to the need to check after getting no response form the EAT to his notice. Abdelghafar did not allow for delay arising from the postal service. Here the applicant had acted initally well within the time. The court was concerned at the use of standardised clauses in correspondence.
Peter, Keene LJJ, Sir Martin Nourse
Times 01-Jul-2003, [2003] EWCA Civ 943, Gazette 04-Sep-2003, [2003] ICR 1574, [2003] ICR 1547, [2003] IRLR 574
England and Wales
Cited – United Arab Emirates v Abdelghafar and Another EAT 10-Jul-1995
The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal.
Held: The tribunal had erred. Though Sengupta had been decided under common law, it . .
Cited – Capital Foods Retail Ltd v Corrigan 1993
A solicitor acting in an employment matter can be expected to be aware of the applicable procedures. . .
Cited – Aziz v Bethnal Green City Challenge Company Limited CA 25-May-1999
The notice of appeal was served three days late. The Registrar and Morison J refused to extend time, the judge concluding that the explanation for the delay was honest and full, but not acceptable.
Held: Permission to appeal was refused. Sir . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.184146
Judge, Longmore L, Sir Swinton Thomas
[2003] EWCA Civ 290
England and Wales
See Also – Leicester Circuits Ltd v Coates Brothers Plc CA 20-Mar-2002
. .
See Also – Leicester Circuits Ltd v Coates Brothers Plc (Retrial) CA 5-Mar-2003
Defendant’s application for new trial after appeal – rejected. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.181151
The claimants appealed the district judge’s decision to rescind the reference to arbitration.
Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required.
[1998] EWCA Civ 1778
England and Wales
Cited – Regina v Hounslow London Borough Council, ex parte Williamson Admn 1996
An expression of a planning officer’s view was not a decision amenable to judicial review. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.145257
The respondent requested the appellant’s notice of appeal to be struck out as vexatious, on the basis that it misrepresented the nature of the judgement.
Held: The interpretation of the document was the only one available to the judge. Notice of Appeal struck out.
Lord Justice Evans, Lord Justice Ward
[1998] EWCA Civ 1784
Law of Property (Miscellaneous Provisions) Act 1989 1
England and Wales
Updated: 27 November 2022; Ref: scu.145263
The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation.
Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend the time for service, he had failed to give effect to the purpose of the rule, namely to ensure that all issues between the parties are decided. The appeal against the dismissal of the action in limine was successful.
Lady Justice Butler-Sloss, Lord Justice Buxton
[1998] EWCA Civ 1765
County Court Rules 1981 Ord 5 Rule 8
England and Wales
Updated: 27 November 2022; Ref: scu.145244
A Master of the Supreme Court has power himself to hold a trial of certain issues subject to the consent of the parties and the general rules of court. Such a decision would be appealable to the Court of Appeal, and not to a judge in chambers.
Times 25-Nov-1998, [1998] EWCA Civ 1804
England and Wales
Updated: 27 November 2022; Ref: scu.84612
Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was hearsay evidence. This reversed the old rule. The court still does not have the power to order a party to tender his witness.
Times 03-Aug-2000
England and Wales
Cited – Thomas-Everard and Others v Society of Lloyd’s ChD 18-Jul-2003
The claimant appealed refusal to set aside a statutory demand made by the respondent society. The proposed defence had been already been dismissed by the courts.
Held: Such a consideration was very relevant, but not necessarily determinative. . .
See Also – Society of Lloyd’s v Sir William Otho Jaffray BT ComC 3-Nov-2000
. .
Appeal from – Society of Lloyd’s v Jaffray and others CA 8-Oct-2001
Applications in group litigation between the Society of Lloyd’s and Names at Lloyd’s – ‘ threshold fraud point’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.89376
Compensation order which was payable over nine years must be excessive.
Ind Summary 06-Nov-1995
England and Wales
Updated: 27 November 2022; Ref: scu.80743
A foreign resident defendant failing to comply with an order for discovery should be barred from defending after having been given notice.
Times 10-Nov-1997
England and Wales
See Also – Canada Trust Company and others v Stolzenberg and others CA 28-Apr-1997
(Oral judgment, Millett LJ) The question was whether it is a proper exercise of discretion to refuse to make an order for the production of documents at an interlocutory hearing on the sole ground that they are wanted in order to establish the . .
See Also – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
See Also – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
See Also – Canada Trust Co and Others v Stolzenberg and Others (No 4) CA 14-May-1998
When appealing against fully argued refusal of jurisdiction, parties may not bring in additional evidence at that appeal save in exceptional circumstances. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.89801
The claimant had brought an action against the shop. She had been stopped on leaving when a library book caused the anti-theft alarm to go off. She and felt humiliated by the public way she was dealt with. Her claim in negligence had been dismissed, and she re-issued claiming false imprisonment.
Held: The second action on the same facts was an abuse of process. Her appeal against the striking out of her action failed.
Lord Justice Hirst Mr. Justice Cazalet
[1998] EWCA Civ 1767
England and Wales
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.145246
Application for adjournment of forthcoming trial.
HHJ Paul Matthews
[2021] EWHC 982 (Ch)
England and Wales
See Also – Axnoller Events Ltd v Brake and Another ChD 19-Apr-2021
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.662114
[2021] EWHC 818 (Ch)
England and Wales
See Also – Berkeley Square Holdings Ltd and Others v Lancer Property Assets Management Ltd and Others (Claimant Amendment Application) ChD 24-Mar-2021
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.661639
[2021] EWHC 750 (Ch)
England and Wales
See Also – Berkeley Square Holdings Ltd and Others v Lancer Property Assets Management Ltd and Others (Strike Out Application) ChD 25-Mar-2021
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.661638
[2020] EWHC 1092 (Ch)
England and Wales
Updated: 27 November 2022; Ref: scu.650765
Request for a writ of control
[2020] EWHC 1089 (QB)
England and Wales
Updated: 26 November 2022; Ref: scu.650664
Appeal from order for specific disclosure
[2020] EWHC 1131 (QB)
England and Wales
Updated: 26 November 2022; Ref: scu.650666
The court was asked whether, in cases heard by the First-tier Tribunal (Immigration and Asylum Chamber) where the credibility of the appellant is in issue, there is a rule that a delay of more than three months between the hearing of oral evidence and the date of the FTT’s decision renders the decision unsafe.
Held: There is no such rule. In tribunal cases, as in court proceedings, excessive delay in making or promulgating a decision is not itself a reason for setting the decision aside. The correct approach is to ask whether the delay has caused the decision to be unsafe so that it would be unjust to let it stand. The only significance of the fact that delay between the hearing and the decision in an asylum case has exceeded three months is that, where the decision is challenged on an appeal, the Upper Tribunal should examine the FTT judge’s factual findings with particular care to ensure that the delay has not caused injustice to the appellant.
[2018] EWCA Civ 1391
England and Wales
Cited – Sambasivam v Secretary of State for the Home Department CA 10-Nov-1999
Where an Immigration Appeal Tribunal heard a case and the judgment would depend upon an assessment of the applicant as to his credibility, a delay of three months between the hearing and the delivery of the judgment was too long. The impression made . .
Cited – Arab Bank Plc v John D Wood Commercial Ltd (In Liquidation) and others CA 25-Nov-1999
Having once recovered damages against a valuer for a negligent survey, there was nothing to stop a lender recovering also under a policy of insurance under a mortgage indemnity guarantee, and so the lender was not required to give credit for monies . .
Cited – Alfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue . .
Cited – Cobham v Frett PC 18-Dec-2000
(British Virgin Islands) Two issues arose. First, what was the consequence of inordinate delay between a judge hearing a case and giving his decision, and secondly, how was the law of adverse possession to be applied in cases of interrupted or . .
Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Albacruz (Cargo Owners) v Albazero ‘The Albazero’ HL 1977
The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for . .
Cited – London and South of England Building Society v Stone CA 1983
A claim was by lenders against negligent valuers after they failed to spot subsidence. They sought for the difference of pounds 11,880 between the amount advanced and the amount which would have been lent upon a proper valuation. The borrowers’ . .
Appeal from – SS (Sri Lanka), Regina (On the Application of) v Secretary Of State for the Home Department Admn 17-Feb-2009
. .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.618390
Eady J
[2004] EWHC 2234 (QB)
England and Wales
Updated: 26 November 2022; Ref: scu.467229
Application for case to be listed before a High Court judge.
The Hon Mr Justice Turner
[2014] EWHC 27 (QB)
England and Wales
Updated: 26 November 2022; Ref: scu.519758
[2010] EWHC 1532 (Ch)
England and Wales
Updated: 26 November 2022; Ref: scu.418448
Pleading amendment after refusal of injunction
[1813] EngR 454, (1813) 2 Ves and Bea 101, (1813) 35 ER 257 (B)
England and Wales
Updated: 26 November 2022; Ref: scu.338219
Appeal by AF from an order refusing an application that a hearing under section 3(10) of the Prevention of Terrorism Act 2005 should be before a judge other than Ouseley J and made two declarations
Sir Anthony Clarke MR
[2008] EWCA Civ 117, [2008] ACD 55, [2008] 1 WLR 2528
Prevention of Terrorism Act 2005
England and Wales
Updated: 26 November 2022; Ref: scu.264660
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form and in favour of the third party who had provided the funds. Eventually the transfer had been signed by the court and registered, but subject to the charging order.
Held: The appeals failed. The defendant had conducted the litigation on behalf of the third party as her trustee. After contract, and until completion, the vendor becomes in equity a trustee for the purchaser. The defendant was still such a tristee, and ‘the authorities have no application to a case where the trust property is the purchaser’s interest in land created by the existence of an executory contract for sale and purchase.’ The other party had made clear her own involvement in the matter, writing: ‘the matter between your client and me will become a long-running saga along a costly course from Dewsbury to Strasbourg.’
This is as far removed from the normal case of a trustee consulting a beneficiary as it is possible to be. This was obsessive and pointless litigation conducted by Mr Nelson with the active encouragement and support of Ms Hanley.
[2007] EWCA Civ 1358, Times 22-Jan-2008
Charging Orders Act 1979 2(1)(b)(I), Supreme Court Act 1981 51(3)
England and Wales
Cited – Saunders v Vautier 7-May-1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of . .
Cited – Grey and Another (Hunter’s Nominees) v Inland Revenue Commissioners CA 1958
Where a person who is the owner beneficially of property (and the legal estate is vested in another as trustee for him) makes a declaration of trust the practical effect amounts to the ‘getting rid of’ a trust or equitable interest then subsisting. . .
Cited – Egmont v Smith CA 1877
The court discussed the position of a vendor of land between exchange and completion: ‘He is certainly a trustee for the purchaser, a trustee, no doubt, with peculiar duties and liabilities, for it is a fallacy to suppose that every trustee has the . .
Cited – Englewood Properties Limited v Patel and Another ChD 16-Feb-2005
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
Cited – Rayner v Preston CA 8-Apr-1881
The vendors agreed to sell a house which they had insured against fire risk. The house was damaged by fire after contract but before completion, and the issue was whether the purchaser was entitled to the benefit of the insurance.
Held: . .
Cited – Hamilton v Al Fayed and Others (No 2) CA 17-May-2002
The claimant had lost a libel action and been bankrupted. The defendant sought to recover his costs from those who had financially supported the claimant. He now appealed a dismissal of his request for contributions.
Held: An order for the . .
Cited – Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola Enterprises Ltd and Lambton Quay Books Ltd PC 7-Oct-2002
PC (New Zealand) The claimants asserted that the respondents had wrongly terminated their franchise licence. The agreement was subject to the New South Wales law requiring good faith, but the court had not had . .
Cited – Goodwood Recoveries Ltd v Breen CA 19-Apr-2005
A claim against the defendant for money owed to someone else had been bought by the claimant of which Slater, a solicitor, was a director and shareholder. The claim was pursued in the name of the claimant by Slater as its solicitor and principal . .
Cited – Globe Equities Ltd v Globe Legal Services Ltd and others and Other Actions CA 5-Mar-1999
A court which was considering ordering a third party, who was not party to the action, to pay costs in an action, should first be satisfied that it is just to do so in all the circumstances. There is no need to establish any exceptional . .
Cited – Gleeson v J Wippell and Co Ltd ChD 1977
The court considered the circumstances giving rise to a plea of res judicata, and proposed a test of privity in cases which did not fall into any recognised category. ‘Second, it seems to me that the sub-stratum of the doctrine is that a man ought . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.262880
The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure.
Held: The appeal failed. The letter was protected by legal professional privilege, and its mention in a statement did not automatically amount to waiver of that privilege. The rules referred to a document being ‘mentioned’. That was quite general, and did not have to have been written in any particular way or for any purpose to count as mentioned. A litigant has a right to inspect any document mentioned in a witness statement (i.e. one to which there has been a direct allusion or specific reference).
Rix, Jacob LJJ, Forbes J
[2008] EWCA Civ 59, Times 10-Mar-2008, [2008] NPC 16, [2008] BPIR 314, [2008] 1 WLR 1099, [2008] CP Rep 22
England and Wales
Appeal from – Expandable Ltd and others v Rubin ChD 24-Jul-2007
The claimants sought disclosure of a letter written by the defendant’s solicitor to his client, saying that it had been referred to in a statement.
Held: They were not entitled to the letter. It was protected by legal privilege, and the . .
Cited – Dubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .
Cited – Buttes Gas and Oil Co v Hammer (No 3) CA 1981
The mere reference to a document in the pleadings was not an automatic waiver of any legal professional privilege. . .
Cited – Dubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .
Cited – Brennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .
Cited – Naschie v Macmillan Publishers Ltd (T/A Nature Publishing Group) and Another QBD 10-Jun-2011
The defendants sought directions to restrict the issues in the forthcoming defamation action.
Held: Orders were considered and made accordingly. . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.264414
Discovery of documents can only be ordered either within existing proceedings or at most in aid of intended proceedings. Discovery would not be granted for the mere satisfaction of curiosity.
Leach V-C
[1820] 5 Madd 18, 56 ER 801
England and Wales
Cited – British Steel Corporation v Granada Television Ltd HL 7-May-1980
The defendant had broadcast a TV programme using material confidential to the plaintiff, who now sought disclosure of the identity of the presumed thief.
Held: (Lord Salmon dissenting) The courts have never recognised a public interest right . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.193363
The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel.
Held: Initial communications sent to the secretary of the Bar Council alleging professional misconduct by a barrister did not attract absolute privilege, since they were not yet a step in an inquiry before an Inn of Court.
Matters submitted to proceedings before an inquiry conducted by the Inn would attract the same privilege as they would in proceedings before a court.
Devlin LJ said: ‘On such a point form is of the first importance; it is by form rather than by the substance of the complaint that a writ is to be distinguished from a letter before action.’
and ‘the privilege that covers proceedings in a court of justice ought not to be extended to matters outside those proceedings except where it is strictly necessary to do so in order to protect those who are to participate in the proceedings from a flank attack. It is true that it is not absolutely necessary for a witness to give a proof, but it is practically necessary for him to do so, as it is practically necessary for a litigant to engage a solicitor.’ and
‘It is not at all easy to determine the scope and extent of the principle in Watson v M’Ewan. I have come to the conclusion that the privilege that covers proceedings in a court of justice ought not to be extended to matters outside those proceedings except where it is strictly necessary to do in order to protect those who are to participate in the proceedings from a flank attack. It is true that it is not absolutely necessary for a witness to give a proof, but it is practically necessary for him to do so, as it is practically necessary for a litigant to engage a solicitor. The sense of Lord Halsbury’s speech is that the extension of the privilege to proofs and pre-cognition is practically necessary for the administration of justice; without it, in his view, no witness could be called. I do not think that the same degree of necessity can be said to attach to the functions of the Bar Council in relation to the Inns of Court.’
Devlin LJ explained the rationale for the distinction between domestic tribunals and those recognised by law: ‘A private institution, such as a club, may set up a body to determine questions of admission and expulsion and it may be composed entirely of lawyers and may follow with exactitude the procedure of a court of law. But absolute privilege is granted only as a matter of public policy and must therefore on principle be confined to matters in which the public is interested and where therefore it is of importance that the whole truth should be elicited even at the risk that an injury inflicted maliciously may go unredressed. The public is not interested in the membership of a private club. The significance of . . the . . requirement . . that the Court or tribunal should be recognised by law . . is that it shows that the public is interested in the matter to be determined by the court. Parliament would not, for example, regulate the disciplining of solicitors if there were not a public interest in the sort of men who practise as solicitors. The same consideration applies to the Bar.’
Devlin LJ considered that absolute privilege fell into three categories: ‘The absolute privilege which covers proceedings in or before a court of justice can be divided into three categories. The first category covers all matters that are done coram judice. This extends to everything that is said in the course of proceedings by judges, parties, counsel and witnesses, and includes the contents of documents put in as evidence. The second covers everything that is done from the inception of the proceedings onwards and extends to all pleadings and other documents brought into existence for the purpose of the proceedings and starting with the writ or other document which institutes the proceedings. The third category is the most difficult of the three to define. It is based on the authority of Watson v McEwan [1905] AC 480 in which the House of Lords held that the privilege attaching to evidence which a witness gave coram judice extended to the precognition or proof of that evidence taken by a solicitor. It is immaterial whether the proof is or is not taken in the course of proceedings. In Beresford v. White (1914) 30 TLR 591 the privilege was held to attach to what was said in the course of an interview by a solicitor with a person who might or might not be in a position to be a witness on behalf of his client in contemplated proceedings.’
Devlin LJ, Sellers LJ
[1962] 1 QB 237, [1961] 3 WLR 866, [1961] 3 All ER 740, (1961) 105 Sol Jo 647
England and Wales
Cited – Watson v M’Ewan HL 1905
A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in . .
Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Buckley v Dalziel QBD 3-May-2007
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs . .
Cited – Westcott v Westcott CA 15-Jul-2008
The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the . .
Cited – Silcott v Commissioner of Police of the Metropolis CA 24-May-1996
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed . .
Cited – White v Southampton University Hospitals NHS Trust and Another QBD 1-Apr-2011
The claimant doctor sued in defamation for letters written by the defendants to the Fitness to Practice Directorate. She now sought to appeal against a finding that she could not rely upon one letter which had come to her attention through . .
Cited – Iqbal v Mansoor and Others QBD 26-Aug-2011
The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. . .
Cited – Iqbal v Mansoor and Others QBD 26-Aug-2011
The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. . .
Cited – Iqbal v Mansoor and Others QBD 26-Aug-2011
The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. . .
Cited – Singh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
Cited – O’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.180924
The judge was wrong to refuse an adjournment when he had insufficient evidence before him properly to make his decision, and when a costs order was sought against the company directors personally in respect of an application for the winding up of a company. The directors had not been party to the early part of the proceedings and when told of the application for costs requested the opportunity to adjourn so that they could prepare a case.
Times 16-Feb-1993
England and Wales
Updated: 26 November 2022; Ref: scu.81996
Whether an order for extended disclosure should be made, and if so the extent of such an order, as part of the directions for the trial of preliminary issues in these proceedings.
Deputy Master Francis
[2021] EWHC 869 (Ch)
England and Wales
Updated: 26 November 2022; Ref: scu.662126
Appeal against two orders made in proceedings in the Court of Protection about a highly vulnerable 19-year-old woman, P. The appellant is P’s mother who was joined as a respondent to the proceedings at their inception. By the first order, the judge, Hayden J, the Vice-President of the Court, discharged the appellant as a party to the proceedings. By the second order the judge adjourned the appellant’s application inviting him to provide a judgment setting out his reasons for discharging her as a party.
[2021] EWCA Civ 512
England and Wales
Updated: 26 November 2022; Ref: scu.662140
Application by the Claimants to strike out parts of the Defence as an abuse of process and an application by the Defendants to amend their Defence. However, both applications turn on the question whether certain facts on which the Defendants seek to rely are excluded as privileged under the Without Prejudice (‘WP’) rule, or admissible under one or more of the exceptions to that rule. If they are admissible, then the Defendants can rely on that material in their pleaded Defence and further in the amendments which they seek to make to that Defence, and the application to strike out fails.
Mr Justice Roth
[2020] EWHC 1015 (Ch)
England and Wales
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Cited – Muller and Another v Linsley and Mortimer (A Firm) CA 8-Dec-1994
The plaintiff sued his former solicitors for professional negligence. The damages he sought to recover related to loss he suffered when dismissed as a director of a private company leading to a forced sale of his shares in the company. The plaintiff . .
Cited – Unilever plc v Procter and Gamble Company CA 4-Nov-1999
The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section . .
Cited – Ofulue and Another v Bossert HL 11-Mar-2009
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under . .
Cited – Oceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others SC 27-Oct-2010
The court was asked whether facts which (a) are communicated between the parties in the course of without prejudice negotiations and (b) would, but for the without prejudice rule, be admissible as part of the factual matrix or surrounding . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.650748
Issues of law relating to jury trial in civil cases, in particular the need for the timely application by a party that a matter be tried with a jury rather than by judge alone. The appeal is against an order refusing the claimant’s application for trial by jury in a claim for damages arising out of the claimant’s arrest which he contends led to his false imprisonment and malicious prosecution. Under the Senior Courts Act 1981 there is a presumption in favour of trial by jury in such cases but an application for this must be made within 28 days of the defence.
Cranston J
[2014] EWHC 3922 (QB), [2015] 1 WLR 4253, [2015] 1 All ER 1029
England and Wales
Updated: 26 November 2022; Ref: scu.539348
How far the Court gives liberty to take out execution pending a writ of error.
[1744] EngR 357, (1744) 1 Barn KB 403, (1744) 94 ER 271 (E)
England and Wales
Updated: 26 November 2022; Ref: scu.382213
An attorney may plead that he is an attorney. An attorney need not refer to the record when he pleads that he is an attorney. On a dilatory plea in respect of some matter applying to the person of one of the parties, such matter may be stated without a venue. R. acc. ante, 1014. D. acc. ante, 853. Tis never necessary to allege where the Court of Common Pleas sits.
[1790] EngR 1725, (1790) 2 Ld Raym 1172, (1790) 92 ER 275
England and Wales
Updated: 26 November 2022; Ref: scu.364778
The court considered interlocutory matters in the forthcoming application for judicial review of the respondent’s decision not to proceed with an investigation of allegations of bribery under the 2001 Act.
Moses LJ
[2008] EWHC 71 (Admin)
Anti-terrorism, Crime and Security Act 2001
England and Wales
See Also – Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
See Also – Corner House Research and Another, Regina (on the Application of) v Director of Serious Fraud Office and Another Admn 4-Feb-2008
The applicant sought judicial review of the decision by the Director to halt the investigation of alleged payment of bribes by a British defence company to members of the Saudi Royal family, which would be an offence under the 2001 Act.
Held: . .
See Also – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.264056
The applicant sought judicial review of the decision by the Director to halt the investigation of alleged payment of bribes by a British defence company to members of the Saudi Royal family, which would be an offence under the 2001 Act.
Held: Any such decision by the director could be made only on his independent decision. It was not permissible to make such a decision on the instigation of the government.
Lord Justice Moses and Mr Justice Sullivan
[2008] EWHC 246 (Admin), Times 16-Apr-2008
Anti-terrorism, Crime and Security Act 2001
England and Wales
See Also – Corner House Research, Regina (on the Application of) v Director of the Serious Fraud Office Admn 17-Jan-2008
The court considered interlocutory matters in the forthcoming application for judicial review of the respondent’s decision not to proceed with an investigation of allegations of bribery under the 2001 Act. . .
See Also – Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
See Also – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.266031
Appeal against civil proceedings restraint order.
[2006] EWCA Civ 1106
England and Wales
Updated: 26 November 2022; Ref: scu.245061
The claimants sought an order requiring disclosure by the defendants of the documents in their list of documents which they said had the benefit of litigation privilege.
Held: A fraud had been alleged which had been used by the defendants in earlier court proceedings. In such a case litigation privilege might be set aside. Discovery was ordered.
David Steel J
Unreported, 16 February 2005
England and Wales
See Also – Kuwait Airways Corp v Iraqi Airways Company ComC 12-Nov-2004
. .
Appeal from – Kuwait Airways Corporation v Iraqi Airways Company (No 6) CA 16-Mar-2005
The defendant company appealed against an order allowing inspection of documents for which litigation privilege had been claimed. It was said that the defendants had been involved in perjury in previous proceedings between the parties.
Held: . .
See Also – Kuwait Airways Corp v Iraqi Airways Company ComC 12-Nov-2004
. .
See Also – Kuwait Airways Corp v Iraqi Airways Company ComC 24-Jan-2003
The court found that the defendant had brought false evidence and forged documents to seek to persuade the English court that it had state immunity, and had been partially successful, but that on the true facts it was not immune from the . .
See Also – Kuwait Airways Corporation v Iraqi Airways Company ComC 31-Jul-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.224368
The presiding judge sitting with two elder brethren of Trinity House, was compelled to retire due to ill health in the middle of the case. The president Sir Jocelyn Simon ordered, in the circumstances, that the action be heard de novo and Mr Justice Karminski was nominated to re-hear it. The plaintiffs applied to him for an order restoring the action to the list for hearing and that the evidence already given in court on commission should be used, and an order for directions made by the previous judge be renewed so as to enable the same elder brethren, who had sat as assessors at the first hearing, to sit again. Mr Justice Karminski plainly regarded himself as continuing the proceedings previously heard by Mr Justice Hewson. ‘The matter, so far as I am concerned, would have been quite without difficulty as a matter of principle but for the observations of Scrutton LJ in Coleshill . . .’
[1968] P 270
England and Wales
Distinguished – Coleshill v Manchester Corporation 1928
During the trial, the judge, Mr Justice Fraser had died and the case had been continued by Mr Justice Acton ‘at the urgent request of the parties’ with earlier witnesses not being recalled but the new judge having recourse to the transcripts.
Cited – In re British Reinforced Concrete Engineering Co Ltd 1929
Practice on incapacity of the judge during a trial. . .
Considered – Hitch, Regina (on the Application of) v Commissioners for the Special Purposes of the Income Tax Acts Admn 4-Mar-2005
Before the appeal had been concluded under section 45(3), one of the two commissioners was incapacitated. The taxpayer appealed the refusal of a de novo hearing and the replacement of the tax commissioner.
Held: The reconstitution of the panel . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.223885
Application for leave to appeal from allocation of case to multi-track.
[2001] EWCA Civ 1903
England and Wales
Updated: 26 November 2022; Ref: scu.201506
[2001] EWCA Civ 1154
England and Wales
Updated: 26 November 2022; Ref: scu.201230
Appeal against refusal of leave to appeal.
[2001] EWCA Civ 1498
England and Wales
Updated: 26 November 2022; Ref: scu.201379
The second claimant had begun proceedings. She was subject to a Grepe v Loam order, but had not obtained consent. The first plaintiff had joined in the action despite having no interest and making no claim. Appeal against strike out refused.
[2001] EWCA Civ 1674
England and Wales
Updated: 26 November 2022; Ref: scu.201378
Injunction granted to protect new identity of ‘supergrass’
[1999] EMLR 791
England and Wales
Cited – X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd QBD 21-May-2003
An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.199555
The court should be expected to be reluctant to relieve a party of the consequences of a consent order.
[1982] 1 WLR 185
England and Wales
Cited – Di Placito v Slater and others CA 19-Dec-2003
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action.
Held: When considering whether to discharge such an . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.194065
The court described the characteristics of a tribunal to which absolute privilege attaches. Having spoken of ‘an authorised inquiry which, though not before a court of justice, is before a tribunal which has similar attributes’ and similar attributes the question was whether it was ‘acting . . in a manner as nearly as possible similar to to that in which a court of justice acts in respect of an inquiry before it.’
Lord Esher MR, Lopes LJ
[1892] 1 QB 431
England and Wales
Cited – Waple v Surrey County Council CA 17-Dec-1997
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed . .
Cited – Trapp v Mackie HL 1979
Dr Trapp had been dismissed from his post by the Aberdeenshire Education Committee of which Mr Mackie was chairman. Dr Trapp petitioned the Secretary of State for an inquiry into the reasons for his dismissal. An inquiry was set up, and in the . .
Cited – Heath v Commissioner of Police for the Metropolis CA 20-Jul-2004
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her . .
Cited – Gibbons v Duffell 1932
(High Court of Australia) A defamation case arose out of the report by a police inspector to his superior about a fellow officer.
Held: The report was not the subject of absolute immunity: ‘How far absolute privilege extends in naval and . .
Cited – White v Southampton University Hospitals NHS Trust and Another QBD 1-Apr-2011
The claimant doctor sued in defamation for letters written by the defendants to the Fitness to Practice Directorate. She now sought to appeal against a finding that she could not rely upon one letter which had come to her attention through . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.183146
A world wide asset freezing order, should as regards property in other jurisdictions allow that those having control of such assets must be free to deal with them as required by local law and other legal obligations. An order had included a ‘Baltic proviso’ The appellant suggested it was not correct.
Held: A third party should not be required to breach its contractual obligations. The onus should be upon the claimant to obtain relief from the local court rather than upon the third party. The proviso was properly included, and indeed it should be included in the standard form..
Lord Justice Pill, Lord Justice Tuckey, And, Lord Justice Jonathan Parker
Times 10-Jan-2002, Gazette 27-Feb-2002, [2001] EWCA Civ 1933
Civil Jurisdiction and Judgments Act 1982 25
England and Wales
Cited – Baltic Shipping Co v Translink Shipping Ltd 1995
Further protection was afforded to those holding overseas assets of persons subject to Mareva injunctions. . .
Cited – Babanaft International Co SA v Bassatne CA 30-Jun-1988
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute.
Held: There was nothing to preclude English courts from granting . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.167217
The claimant was the former managing director of a company, which had been placed into administrative receivership. The claims were for breach of contract and conversion (in relation to antique furniture) and they were brought against the administrative receivers in their personal capacity.
Held: A second set of proceedings to cover matters which could have been dealt with in an earlier case would normally be an abuse of process. There may be exceptional circumstances where this did not apply. The availablility of funding to pursue a case would not be exceptional.
The claimant’s repeated attempts to re-litigate amounted to unjust harassment.
Hirst, May LJJ, Sir John Knox
Times 20-Nov-1998, [1998] EWCA Civ 1665, [1999] BPIR 376
England and Wales
Cited – Foster v Bon Groundwork Ltd EAT 17-Mar-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.145144
In proceedings against solicitors alleging matters of one sort, the plaintiff was not allowed to amend his case to add new causes of action which were then limitation barred. In this case a new set of facts would need to be pleaded and proved.
Times 20-Nov-1998, [1998] EWCA Civ 1664
England and Wales
Updated: 25 November 2022; Ref: scu.145143
In the trial, the complainant sought damages against the police for various alleged acts of malpractice. The judge ordered trial before a jury under the section, but it later became clear that detailed consideration would be required of scientific evidence, and the judge ordered trial by judge without a jury. On appeal the court felt that though the general nature of the issues suggested trial before a jury, the new evidence issues did suggest the judge’s order. A split trial might have been possible, but both parties had opposed that option. In the circumstances, the decision was a matter for the judge’s discretion, and was not to be set aside.
Gazette 11-Nov-1998, [1998] EWCA Civ 1555
England and Wales
Updated: 25 November 2022; Ref: scu.145034
Two actions had been brought by a contractor against the partners in a farming partnership. Those actions were consolidated. One of the partners died and when the plaintiff found that out he discontinued his claims against the deceased partner and Mrs Wentworth-Stanley, the wife of that deceased partner, and proceeded solely against the third partner, O. The consolidated actions were settled for an agreed sum payable by O which O failed to pay. Thereafter the plaintiff accepted a lump sum from O’s son in final satisfaction of the judgment. The plaintiff then brought proceedings against Mrs Wentworth-Stanley for the same relief but reduced by the amount of pounds 45,000. The Divisional court had held that irrespective of its decision on accord and satisfaction the prosecution of the fresh proceedings against a defendant against whom the original proceedings had been discontinued was an abuse of process.
Held: The releasing of the party from the earlier proceedings amounted to an election and breach of that election by bringing a further action amounted to fraud. The principle underlying abuse of process decisions may be applied where a plaintiff fails to join a defendant who should have been joined in earlier proceedings.
A discharge of one joint debtor by accord and satisfaction, unless there is an expressed or implied agreement that the creditor’s rights against them are preserved, discharges all joint debtors in accordance with a general principle that a joint liability creates only a single obligation.
Potter LJ
[1998] EWCA Civ 1427, [1999] QB 1004, [1999] 2 WLR 470
England and Wales
Approved – MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) v Lehman Brothers International (Europe) CA 19-Dec-1997
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights . .
Cited – Hirachand Punamchand v Temple CA 1911
The defendant, a British army officer in India, had given a promissory note to the plaintiff moneylenders. Unable to pay, he suggested they apply to his father, Sir Richard Temple. In reply, Sir Richard Temple’s solicitors wrote saying they were . .
Mentioned – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – Foster v Bon Groundwork Ltd EAT 17-Mar-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.144906
Appeal against order staying action pending taxation of costs where no order made for payment of costs. One defendant was a charity, and other defendants were concerned in its management. The claimant had offered to settle the action but only with the company, giving rise to a conflict of interest between the defendants and the company. The judge had sought to find a settlement of the action, which was resolved but for the costs. Having become so involved, he had felt it appropriate for someone else to fix the costs.
Held: The order for taxation should not have been made, but the stay should be left in force.
[1998] EWCA Civ 1439
England and Wales
Updated: 25 November 2022; Ref: scu.144918
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was inappropriate to allow the disclosure of the identity of a person found to have committed sexual abuse, in the context of child care proceedings, without a pressing need. Here there was no statutory duty on local authority to disclose, and no continuing investigation.
Butler-Sloss LJ: ‘Although the facts in the [AB] case are entirely different from those in the present appeals, the caution urged by the Master of the Rolls that ‘disclosure should only be made when there is a pressing need’ is of general application . . ‘
Butler-Sloss LJ
Times 09-Oct-1998, Gazette 25-Nov-1998, [1999] 1 WLR 299, [1998] EWCA Civ 1502, [1999] 1 FLR 267
England and Wales
Appeal from – In Re L (Minors) (Sexual Abuse: Disclosure) FD 9-Oct-1997
A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived. . .
Appealed to – In Re L (Minors) (Sexual Abuse: Disclosure) FD 9-Oct-1997
A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived. . .
Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.144981
Application made by the Fourth Defendant, Igor Mints, for an order that the Claimants be required to provide a further US$20,000,000 by way of additional fortification of their cross-undertakings, as contained in the worldwide freezing order of Moulder J.
Mr Justice Calver
[2021] EWHC 1089 (Comm)
England and Wales
Updated: 25 November 2022; Ref: scu.662370
An assignment of the benefit of a contract without the consent of the contractor and in breach of contract was effective between assignor and assignee but not as against the original contract other party.
The modern practice for the allowing of amendments was that the court had a general discretion and should not be restricted by hard and fast rules of practice or of law.
Millett LJ said that an assignment or a purported assignment of a contractual obligation in the face of a prohibition in the contract whether in the nature of a prohibition or promise, was unlikely to be a repudiation of the contract itself.
Evans LJ, Henry LJ, Millett LJ
Times 16-Sep-1998, [1998] EWCA Civ 1276, [1998] CLC 1382
England and Wales
Cited – Norglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .
Cited – Rhodia International Holdings Ltd and Another v Huntsman International CA 11-Jun-2007
There was a challenge to the validity of a sale and purchase agreement which included an assignment of a contract which would require novation.
Held: A long standing acquiesecence in one breach of the contract did not amount to a grant pf . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.81319
Where a bank had sued under a mortgage for all moneys due, and had succeeded, it was not subsequently open to it to commence further proceedings to claim liabilities under deed of guarantee which had been inadvertently omitted from the first claim.
Times 09-Oct-1998, [1998] EWCA Civ 1391
England and Wales
Updated: 25 November 2022; Ref: scu.83109
A delay of 22 months between a hearing and the handing down of a judgment is quite intolerable. Judges creating such delays will in future be liable to such steps as could properly be taken by those in authority over them. Mechanisms had been put in place to alert judges with responsibility for supervising the delivery of judgments by other judges about delays so that they could take appropriate steps to prevent delays.
Lord Woolf MR
Gazette 18-Nov-1998, Times 22-Oct-1998, [1998] EWCA Civ 1574
England and Wales
See Also – Goose v Wilson Sandford and Co and Mainon CA 13-Feb-1998
A judge was properly criticised for failing to write up a judgment when the witness’ evidence was still fresh in his mind. A two year delay required a re-trial.
Peter Gibson LJ explained the potential effect of delay on the formulation and . .
Cited – Olwa v North Glasgow University Hospitals NHS Trust, McGinley EAT 22-Mar-2004
EAT Race Discrimination – Direct
EAT Race Discrimination – Direct . .
Cited – Kwamin v Abbey National Plc; Birminingham City Council v Mtize; Martin v London Borough of Southwark; Connex South Eastern Ltd vBangs EAT 9-Feb-2004
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke.
Four cases of delay in promulgation of ET decisions. Three allowed (7.5 months, 12 months, 14.5 months) and one dismissed (4 months). . .
Cited – Bond v Dunster Properties Ltd and Others CA 21-Apr-2011
The defendant appealed against the judge’s findings as to fact delivered some 22 months after the hearing.
Held: The appeal failed. Though such a delay must require the court carefully to investigate the judgment, it did not of itself . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.80745
HHJ Paul Matthews
[2021] EWHC 949 (Ch)
England and Wales
See Also – Axnoller Events Ltd v Brake and Another (Adjournment) ChD 21-Apr-2021
Application for adjournment of forthcoming trial. . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.662113
Application to adjourn
[2021] EWHC 419 (QB)
England and Wales
Updated: 25 November 2022; Ref: scu.659675
Decision on recusal application
HHJ Paul Matthews
[2020] EWHC 1156 (Ch)
England and Wales
See Also – Brake and Others v Swift and Others ChD 4-May-2020
. .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.650751
Application by the Claimants for permission to continue these proceedings as a common law derivative claim on behalf of the First to Third Defendants
Mr Stephen Houseman QC
[2020] EWHC 1136 (Ch)
England and Wales
Updated: 25 November 2022; Ref: scu.650749
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming motion, it is normal for the court to proceed on the basis of the same documents as were provided to the Lord Ordinary, though it can look at new material if it is satisfied that it is in the interests of justice to do so.
It could reasonably be concluded, on an objective examination of the material before the Court, that the proposed system of minimum pricing was proportionate in the sense required by European Union law and now explained by the Court of Justice.
Lord Carloway P
[2016] ScotCS CSIH – 77, [2017] 1 CMLR 41, 2016 SLT 114, 2017 SC 465
The Alcohol (Minimum Price per Unit) (Scotland) Order 2013, Alcohol (Minimum Pricing) (Scotland) Act 2012
Scotland
See also – Scotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See also – The Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See also – The Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See also – Scotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
At ECJ – Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
At IHCS – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.578093
Applications for suspension of enforcement pending appeal and similar.
Clarke LJ
[2004] EWCA Civ 1265
England and Wales
See Also – Dumford Trading Ag v OAO Atlantrybflot (Costs) CA 26-Jan-2005
Costs order upheld – leave to appeal to the House of Lords refused. . .
See Also – Dumford Trading Ag v Oao Atlantrybflot CA 26-Jan-2005
an appeal against summary judgment under CPR Part 24 for some pounds 1,890,000 under two contracts of guarantee. . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.572363
Extra Division, Inner House – Further application for leave to intervene.
Lord Eassie, Lord Menzies, Lord Brodie
[2014] ScotCS CSIH – 64
Scotland
See Also – The Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See Also – The Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See Also – Scotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See Also – Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
See also – The Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
See Also – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 November 2022; Ref: scu.534170
Edis J
[2014] EWHC 3798 (QB)
England and Wales
Updated: 25 November 2022; Ref: scu.538897
Assorted pre-trial applications
[2012] EWHC 1798 (Ch)
England and Wales
Updated: 25 November 2022; Ref: scu.461913
Court of Appeal of the Commonwealth of the Bahamas
Although not of itself a sufficient reason to set aside a judgment, excessive delay before the judgment was delivered may require an appeal court to consider the judge’s findings of fact with particular care in order to ensure that the delay has not caused injustice to the losing party.
Lord Hope, Lord Walker, Lord Collins, Lord Clarke, Sir John Laws
[2011] UKPC 2
England and Wales
Updated: 25 November 2022; Ref: scu.429746
[1794] EngR 1033, (1794) 3 Dy 284, (1794) 73 ER 639
England and Wales
Updated: 25 November 2022; Ref: scu.369965
Writ of outlawry
[1847] EngR 25, (1847) 10 QB 896, (1847) 116 ER 339
England and Wales
Updated: 25 November 2022; Ref: scu.300641
[1837] EngR 457, (1837) 8 Sim 329, (1837) 59 ER 130
England and Wales
Updated: 25 November 2022; Ref: scu.313574
Application made by the claimant, Paul Staines, for the increase of the financial level of freezing orders
Mr Justice Laddie
[2003] EWHC 1486 (Ch)
England and Wales
Updated: 25 November 2022; Ref: scu.342136
