Category: Litigation Practice

Jones v Vans Colina: CA 15 Aug 1996

An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled to be made one. Nourse LJ said: ‘The power expressed in Ord 32, r 6 can only apply to an order made in proceedings in which the person seeking to have it set aside is either a party or entitled to be made one. The court could not accede to an application made by a person who had no locus standi to make it.’

Citations:

Gazette 09-Oct-1996, Times 15-Aug-1996, [1996] 1 WLR 580

Statutes:

Supreme Courts Act 1981 42, Rules of the Supreme Court O32 r6

Jurisdiction:

England and Wales

Cited by:

Cited – Ewing v News International Ltd and Others CA 14-Jul-2010
The claimant appealed against an order for costs made on rejection of his application, as a vexatious litigant, for leave to bring defamation proceedings.
Held: The appeal was allowed. A defendant was not a party to an application by a . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.82618

Berkeley Administration Inc v Mcclelland and Others: CA 13 Aug 1996

Third Party who had been joined in after an injunction was discharged takes no benefit of cross undertaking.

Citations:

Times 13-Aug-1996

Jurisdiction:

England and Wales

Citing:

See Also – Berkeley Administration Inc v McClelland CA 1990
There is no legally acceptable basis on which the benefit of an undertaking, to which a member of a group of companies is entitled, may be claimed on behalf of the group as a whole. The court discussed who had the benefit of cross undertakings given . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.78351

Various Claimants v MGN Ltd: ChD 10 Mar 2020

The claimants complained of hacking of their phones by staff at the defendant newspapers. The court now considered whether there was evidence that the defendant’s legal team had knowledge of the practice, and should now be removed from acting.

Judges:

Mr Justice Mann

Citations:

[2020] EWHC 553 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 31 October 2022; Ref: scu.649102

WXY v Gewanter and Another: QBD 30 May 2012

Leave to appeal refused (brief judgment)

Judges:

Slade J

Citations:

[2012] EWHC 1491 (QB)

Links:

Bailii

Citing:

See Also – WXY v Gewanter and Another QBD 30-May-2012
The claimant had obtained an injunction to restrain publication of what was private information. The third defendant now applied to set aside the judgment, saying that their application for an adjournment had been wrongly refused. He said that he . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.459809

Aerostar Maintenance International Ltd and Another v Wilson and Others: ChD 4 May 2012

Judges:

Morgan J

Citations:

[2012] EWHC 1353 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Principal judgment – Aerostar Maintenance International Ltd and Another v Wilson and Others ChD 30-Jul-2010
The claimant sought damages alleging the defendant’s failures breach of fiduciary duty as director.
Held: In a claim of dishonest assistance in a breach of duty some dishonesty on the part f the defendant is a part of the claim. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.459622

Browne v Downing: 1676

Action sur la case sur assumpsit de estoier al agard de J. S. fuit resolve in cest case per totam Curiam, que mutual promise de estoier al agard de tiel homes est bon a liera eux d’estoier accordant a ceo sans ascun argent due al temps del’ promise, et Dodridge dit, que in cest case si le arbitrator agard, que un del’ parties paiera argent, and que le auter faire auter chose que ceo nest bon agard, quare de cest opinion.

Citations:

[1676] EngR 71, (1676) 2 Rolle 194, (1676) 81 ER 745

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 31 October 2022; Ref: scu.403577

Mibanga v Secretary of State for the Home Department: CA 17 Mar 2005

The court considered the proper approach to expert evidence when viewed alongside other evidence: Wilson J said ‘It seems to me to be axiomatic that a fact-finder must not reach his or her conclusion before surveying all the evidence relevant thereto . . Mr Tam, for the Secretary of State, argues that decisions as to the credibility of an account are to be taken by the judicial fact-finder and that, in their reports, experts, whether in relation to medical matters or to in-country circumstances, cannot usurp the fact-finder’s function in assessing credibility. I agree. What, however, they can offer, is a factual context in which it may be necessary for the fact-finder to survey the allegations placed before him; and such context may prove a crucial aid to the decision whether to not to accept the truth of them. What the fact-finder does at his peril is to reach a conclusion by reference only to the appellant’s evidence and then, if it be negative, to ask whether the conclusion should be shifted by the expert evidence.’

Judges:

Wilson J, Ward and Buxton LJJ

Citations:

[2005] EWCA Civ 367

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Jakto Transport Ltd. v Derek Hall CA 9-Nov-2005
The claimant alleged injury from use of a torque wrench, and succeeded. The employer appealed.
Held: Though the appeal failed, the judge should have been careful not to consider the expert’s evidence separately, and not first making . .
Lists of cited by and citing cases may be incomplete.

Immigration, Litigation Practice

Updated: 31 October 2022; Ref: scu.224247

Miller; KC Independent Trustees Limited v Stapleton and Pensions Ombudsman: CA 30 Jul 1996

Citations:

[1996] EWCA Civ 557, [1996] 2 All ER 449

Jurisdiction:

England and Wales

Cited by:

Cited – Hillsdown Holdings plc v Pensions Ombudsman 1997
The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not.
Held: It could not, Knox J said: ‘there is a real distinction between ordering compensation for inconvenience and distress . .
Cited – Legal and General Assurance Society Ltd v CCA Stationery Ltd ChD 12-Dec-2003
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme.
Held: Since . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Financial Services

Updated: 31 October 2022; Ref: scu.140424

Regina v the Lord Chancellor, Ex Parte Stockler: CA 7 May 1996

A Judge may give judgment in a case finished he had only after reaching the maximum permitted retirement age.

Citations:

Times 07-May-1996

Statutes:

Judicial Pensions and Retirement Act 1993

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v The Lord Chancellor Ex Parte Stockler QBD 4-Dec-1995
Judge may sit as an acting judge beyond the maximum retirement age in order to complete his own case lists. . .

Cited by:

Appealed to – Regina v The Lord Chancellor Ex Parte Stockler QBD 4-Dec-1995
Judge may sit as an acting judge beyond the maximum retirement age in order to complete his own case lists. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.88174

National Westminster Bank Plc v Kitch: CA 14 May 1996

An action to recover an overdraft debt which was secured by a mortgage is not itself a mortgage action. A claim based on a simple contract debt does not cease to be so simply because it is also secured by a charge.

Citations:

Gazette 15-May-1996, Times 14-May-1996, [1996] 1 WLR 1316

Statutes:

Rules of the Supreme Court Order 88 1

Jurisdiction:

England and Wales

Cited by:

Cited – Hopkinson and Others and Birmingham Mid-Shires Building Society v Tupper CA 30-Jan-1997
The plaintiffs appealed from an order striking out their claim for want of prosecution. The defendant’s property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the . .
Lists of cited by and citing cases may be incomplete.

Banking, Litigation Practice, Contract

Updated: 31 October 2022; Ref: scu.84218

Gale v Superdrug Stores Plc: CA 25 Apr 1996

The right to resile from an admission made in pleadings is lost only if there can be found proof of prejudice to the other party. It is a matter for the judge’s discretion.
The court set out the principles on which it should act when it is asked to give leave to amend.

Citations:

Gazette 22-May-1996, Times 02-May-1996, [1996] EWCA Civ 1300, [1996] 1 WLR 1089, [1996] 3 All ER 46, [1996] PIQR P330

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Al-Sabah v Ali and Others ChD 22-Jan-1999
The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney.
Held: The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society’s practice . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Litigation Practice

Updated: 31 October 2022; Ref: scu.80734

Forrester v British Railways Board: CA 8 Apr 1996

Where a request for the discovery of documents was too wide, it should be refused by the court, but the court also had the discretion to order an alternative arrangement. In this case the discovery applied for was far too wide, and the court ordered an expert’s report which could then be used to ensure appropriate discovery was provided.

Judges:

Lord Justice Rose, Lord Justice Aldous and Sir Iain Glidewell

Citations:

Times 08-Apr-1996

Jurisdiction:

England and Wales

Litigation Practice

Updated: 31 October 2022; Ref: scu.80640

Brennan v Brighton Borough Council: CA 24 Jul 1996

Challenges to a leave to appeal having been given should only to be commenced if properly justified. They are rarely likely to succeed.

Citations:

Times 24-Jul-1996

Jurisdiction:

England and Wales

Citing:

Cited – Pontin v Wood CA 1962
The writ had been issued just before the expiration of the relevant limitation period in a defective form in that it was endorsed merely with the words ‘the plaintiffs’ claim is for damages for personal injuries’. The judge in chambers held that the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.78568

Circuit Systems Ltd (In Liquidation) and Another v Zuken Redac (Uk) Ltd: CA 5 Apr 1996

The assignment of a debt by a company in liquidation to a significant shareholder, in order to allow him to make an application for legal aid, and to avoid having to give security for costs and to allow the action to proceed was not unlawful, but the Legal Aid Board should be careful in supporting such contrived litigation.

Judges:

Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe

Citations:

Gazette 01-May-1996, Times 05-Apr-1996

Statutes:

Law of Property Act 1925 136(1)

Jurisdiction:

England and Wales

Citing:

Applied – Joyce v Sengupta and Another CA 31-Jul-1992
The defendant published an article accusing the plaintiff of theft. Not having funds to launch a claim in libel, the plaintiff obtained legal aid to claim in malicious falsehood. She now appealed against a strike out of that claim.
Held: A . .
Applied – Stein v Blake HL 18-May-1995
Where A and B each have claims against each other and A is insolvent, the common amount is set off, and the net difference remains as a debt due.
Hoffmann L said: ‘It is a matter of common occurrence for an individual to become insolvent while . .

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Aid

Updated: 31 October 2022; Ref: scu.79137

Beachley Property Ltd v Edgar: CA 18 Jul 1996

Witness statements which had not been served in accordance with the rules were not be admitted. Courts are to adopt a far stricter approach to applications for adjournment based on lack of readiness for trial than hitherto: ‘I would like to make it absolutely clear that I do not accept that submission. The very reason why the order is drafted in the terms that it is, is to ensure that unless there are circumstances which justify the Court exercising discretion in favour of the party in default, that discretion will not be exercised and the party will be deprived of the evidence. It is no use the party coming forward and saying, ‘The evidence will help our case’. If this is the position, the rule may as well not exist. You have to consider the position not only from the plaintiff’s point of view, but also from the point of view of the defendant, and with a view to doing justice between other litigants as well. The history of this case illustrates the inconvenience and the disruption to the administration of justice generally that this approach to the rules creates.’

Judges:

Lord Woolfe MR

Citations:

Times 18-Jul-1996, [1997] PNLR 197

Statutes:

County Court Rules 1981 Ord 20 R 12A

Jurisdiction:

England and Wales

Cited by:

Cited – Smith v Chief Constable of Kent CA 26-Jan-1998
The plaintiffs had sought to claim against the defendants for tort of malicious prosecution The trial had been vacated once on the defendants paying costs, and they made a second application, saying that more days were needed. That application was . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2022; Ref: scu.78305

DXB v Persons Unknown and Others: QBD 28 Jan 2020

Claim brought pursuant to ‘the Venables jurisdiction’ for an order extending the anonymity of a child defendant beyond his 18th birthday. In this case, unlike the earlier cases in which this jurisdiction has been exercised, the claimant seeks a time-limited order (extending just over 22 months), rather than life-long anonymity.

Judges:

Mrs Justice Steyn DBE

Citations:

[2020] EWHC 134 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 28 October 2022; Ref: scu.648889

FIM Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) C-338/11: ECJ 10 May 2012

ECJ 1 The references for a preliminary ruling concern the interpretation of Articles 63 and 65 TFEU concerning the difference in tax treatment between non-resident and resident collective investment undertakings for collective investment in securities (UCITS).
2 Since the abovementioned cases are related by reason of their subject-matter, it is appropriate, in accordance with Article 43 of the Rules of Procedure, to join them for the purposes of the written and oral procedure and the judgment.
For these reasons, the President of the Court hereby orders:
Cases C-338/11 to C-347/11 are joined for the purposes of the written and oral procedure and the judgment.

Citations:

[2011] EUECJ C-338/11

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – Fim Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) ECJ 10-May-2012
ECJ Articles 63 TFEU and 65 TFEU – Undertakings for collective investments in transferable securities (UCITS) – Different treatment of dividends paid to non-resident UCITS, subject to withholding tax, and . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 October 2022; Ref: scu.459574

Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004

The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants.
Held: The issue was as to the contuned availabity of the papers after conclusion of the trial. Considering the Rules and the notes to them in the White Book, the notes did not appear to follow from the rules.

Judges:

Park J

Citations:

[2004] EWHC 3092 (Ch), [2005] 1 WLR 2965, [2005] 3 All ER 155, [2005] EMLR 19

Links:

Bailii

Statutes:

Civil Procedure Rules 32.13 5.4(2)

Jurisdiction:

England and Wales

Citing:

Cited – SmithKline Beecham Biologicals SA v Connaught Laboratories Inc CA 7-Jul-1999
Changes in court procedure where judges now read rather more before hand to save court time could lead to confusion as to what of the paperwork before the court was now deemed to have been read in open court and therefore in the public domain. The . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
See Also – Chan U Seek v Alvis Vehicles Ltd ChD 8-May-2003
The claimant appealed a striking out order.
Held: If a claim stood no chance of success, then it should not be allowed to proceed, but where the claim was merely weak it should not be struck out. That would be inconsistent with the needs of . .

Cited by:

Cited – Pressdram Ltd v Whyte ChD 30-May-2012
The respondent had been involved in company director disqualification proceedings some 12 years earlier. The claimant, publisher of Private Eye sought disclosure of the associated court papers.
Held: The applicant had provided appropriate . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 27 October 2022; Ref: scu.401872

David v Charlemagne: CA 1996

The rule in Ladd v Marshall did not apply on an appeal from the refusal of an application to set aside a default judgment, the additional evidence being sought to be introduced only on appeal, not on the original application, because there had been no trial, nor any hearing on the merits.

Citations:

(1996) 5 PIQR 318

Jurisdiction:

England and Wales

Citing:

Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .

Cited by:

Cited – Zambia v Meer Care and Desai (A Firm) and others CA 9-Jul-2008
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.270586

Shocked and Another v Goldschmidt and Another: CA 4 Nov 1994

A party’s failure to appear at the trial implied that he had made certain choices which he was not to be allowed to go back on when seeking to set aside any judgment made.

Judges:

Leggatt LJ

Citations:

Ind Summary 05-Dec-1994, Times 04-Nov-1994, [1998] 1 ELR 273

Jurisdiction:

England and Wales

Cited by:

Cited – Gorman v British Airways Plc CA 4-Feb-1998
The claimant said that whilst he was a passenger on a flight, he ingested broken glass in a drink. The trial of his case took place in his absence and he successfully set aside judgment against him in default when he failed to appear. The defendant . .
Cited – Kenny and Others v Abubaker and Others CA 23-Oct-2012
The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.89241

Renworth Ltd v Stephansen and Another: CA 10 Jan 1996

There was no privilege against self incrimination in a civil action for a fanciful fear of criminal charges.

Citations:

Times 16-Jan-1996, Independent 10-Jan-1996, [1996] 3 All ER 244

Statutes:

Theft Act 1968 21(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Phillips v Mulcaire SC 24-May-2012
The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.88737

Reville v Wright: CA 18 Jan 1996

Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. ‘The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests: see Rastin; Hoskins; (b) in relation to both these tests the onus of proof lies on the plaintiff; (c) the plaintiff must satisfy the court that the action has been conducted with at least reasonable diligence; (d) in this context diligence must be tested, not by the approach adopted by the court on applications to dismiss for want of prosecution, but by the new timetables laid down by Ord.17, r.11; (e) the plaintiff must secondly satisfy the court that the failure to apply for a hearing date within the time limit laid down by the rules was ‘excusable’.’

Judges:

Otton LJ

Citations:

Times 18-Jan-1996, Gazette 21-Feb-1996, [1996] 1 WLR 592

Statutes:

County Court Rules 1981 17(11)

Jurisdiction:

England and Wales

Citing:

Cited – Hoskins v Wiggins Teape (UK) Limited CA 1994
The plaintiff had delayed the action. It had been transferred from the High Court in July 1991, and was then automatically struck out. The plaintiff sought re-instatement.
Held: The court attempted to put into proper context the problems that . .
Cited – Rastin v British Steel Plc, Todd v Evans, Adams v Geest Plc CA 18-Feb-1994
An action which had been automatically struck out, may be re-instated if there had been good cause for the delay. ‘The proper approach to the exercise of any judicial discretion must be governed by the legal context in which the discretion arises.’ . .
Cited – Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc CA 18-Jan-1996
It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the . .

Cited by:

Cited – Dowse v Kappell CA 12-Dec-1996
The plaintiff had had his claim re-instated after being struck out. The defendant appealed.
Held: There was material on which the learned Circuit Judge was entitled to reach the conclusion which she did. Although this was a borderline case, it . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.88756

North West Thames Regional Health Authority v Shephard Robson (A Firm) and Others: CA 23 Jan 1996

A main employer may apply to the court for the construction of the meaning of sub-contracts with main contractor. A declaration was available to a Plaintiff in respect of sub-contractors only if part of scheme.

Citations:

Times 23-Jan-1996, Ind Summary 12-Feb-1996

Jurisdiction:

England and Wales

Litigation Practice, Construction

Updated: 27 October 2022; Ref: scu.84345

Lightfoot v National Westminster Bank Plc; Roberts v British Telecom Plc Etc: CA 18 Jan 1996

To ‘deliver’ is to lodge a defence at court as opposed to when it is sent for questions as to start of court timetables.

Citations:

Times 18-Jan-1996, Gazette 21-Feb-1996

Statutes:

County Court Rules 1981 17(11)

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 October 2022; Ref: scu.83065

Mackenzie v Business Magazines (UK) Ltd and Others: CA 18 Jan 1996

Consent to amendment of defence wrongfully refused without finding of mala fides.

Citations:

Times 05-Mar-1996

Jurisdiction:

England and Wales

Cited by:

Cited – Godfrey v Demon Internet Limited (2) QBD 23-Apr-1999
Evidence of Reputation Admissible but Limited
The plaintiff had brought an action for damages for defamation. The defendant wished to amend its defence to include allegations that the plaintiff had courted litigation by his action.
Held: A judge assessing damages should be able see the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.83277

Joyce v Liverpool City Council; Wynne v Same: CA 2 May 1995

The Small Claims procedure includes a full power for a District Judge to grant injunctions and otherwise, including in this case making an order for specific performance.

Citations:

Ind Summary 26-Jun-1995, Times 02-May-1995

Statutes:

County Court Rules 1981 19

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 October 2022; Ref: scu.82637

Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

A defence of Issue Estoppel was not available where the issue which was claimed to have been decided had been made under an unclear foreign procedure. It was also essential that the issue in respect of which an estoppel was now asserted had been a finding necessary to the judgment to be relied upon: ‘The principle is that an issue of fact or law which necessarily was concluded in favour of one party in the foreign proceedings cannot be reopened in foreign proceedings between the same parties here.’

Judges:

Evans LJ

Citations:

Gazette 20-Mar-1996, Times 21-Feb-1996, [1996] 2 All ER 847

Jurisdiction:

England and Wales

Cited by:

Cited – Good Challenger Navegante S A v Metalexportimport SA CA 24-Nov-2003
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Litigation Practice

Updated: 27 October 2022; Ref: scu.79933

Cleveland County Council v L and Others: CA 14 Mar 1996

There should be no imprisonment of a contemnor without a formal and proper penal notice having first been served.

Judges:

Lord Justice Russell, Lord Justice Hirst and Lord Justice Peter Gibson

Citations:

Times 08-Apr-1996

Statutes:

Rules of the Supreme Court Order 45, rule 7

Jurisdiction:

England and Wales

Contempt of Court, Litigation Practice

Updated: 27 October 2022; Ref: scu.79218

Practice Direction (Court of Appeal: Procedure): CA 4 Oct 1995

Full practice direction for matters before the Court of Appeal.

Citations:

Gazette 04-Oct-1995, [1995] 1 WLR 1191

Jurisdiction:

England and Wales

Cited by:

Cited – ATA and Another v American Express Bank Ltd CA 17-Jun-1998
The Court of Appeal again emphasised the supreme importance of parties working together to identify the real issues between themselves and producing core bundles accordingly. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.79565

Balkanbank v Taher and Others (No 2): CA 18 Nov 1994

The plaintiffs had sued in Ireland and obtained a Mareva injunction. That injunction was then first extended to a worldwide injunction, before being set aside. The court could itself to enquire as to damages without deciding whether to enforce the undertaking in damages given by the plaintiff.

Judges:

Neill LJ, Evans LJ, Saville LJ

Citations:

Times 01-Dec-1994, [1995] 1 WLR 1067

Statutes:

Rules of the Supreme Court O15 r6, Supreme Court Act 1981 49(2)

Jurisdiction:

England and Wales

Citing:

See Also – Balkanbank v Taher and Others 19-Feb-1994
Disclosure of legal advice. . .

Cited by:

See also – Balkanbank v Naser Taher and Others QBD 13-Feb-1995
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered . .
See Also – Balkanbank v Taher and Others (No 3) CA 1-Dec-1994
The court will allow a counterclaim on an undertaking after the action had ceased in other Jurisdiction, and the court had power to award damages arising from a Mareva injunction obtained in Ireland. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.78114

Balkanbank v Taher and Others (No 3): CA 1 Dec 1994

The court will allow a counterclaim on an undertaking after the action had ceased in other Jurisdiction, and the court had power to award damages arising from a Mareva injunction obtained in Ireland.

Citations:

Times 01-Dec-1994, Gazette 05-Jan-1995

Jurisdiction:

England and Wales

Citing:

See Also – Balkanbank v Taher and Others 19-Feb-1994
Disclosure of legal advice. . .
See Also – Balkanbank v Taher and Others (No 2) CA 18-Nov-1994
The plaintiffs had sued in Ireland and obtained a Mareva injunction. That injunction was then first extended to a worldwide injunction, before being set aside. The court could itself to enquire as to damages without deciding whether to enforce the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Jurisdiction

Updated: 27 October 2022; Ref: scu.78115

Lifestyle Equities Cv and Another v Amazon UK Services Ltd and Others: ChD 23 Mar 2021

Post judgment consequential orders: ‘i) Whether an injunction should be granted against the Defendants.
ii) The appropriate order as to costs, including a point on interest.
iii) The amount of the interim payment on account of such costs that I should order.
iv) The Claimants’ application for permission to appeal.’

Judges:

Michael Green J

Citations:

[2021] EWHC 721 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Litigation Practice

Updated: 27 October 2022; Ref: scu.660792

Ashworth v McKay Foods Ltd: CA 16 Nov 1995

Where automatic directions had not been followed, a later hearing application was not an not abuse of process.

Citations:

Times 16-Nov-1995, [1996] 1 WLR 542

Statutes:

County Court Rules 1981 Order 7

Jurisdiction:

England and Wales

Cited by:

Cited – Hawkins v Keppe Shaw, Solicitors (a Firm) CA 20-Jul-2001
The solicitors represented the applicant in a claim for personal injuries. The action was struck out, and he sued the solicitors for negligence. Composite directions had been given, and the question was whether the making of those directions ousted . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.77906

Bates and Others v Post Office Ltd (No 4): QBD 9 Apr 2019

Defendant’s application for recusal of judge.

Judges:

Fraser J

Citations:

[2019] EWHC 871 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hayden v Associated Newspapers Ltd QBD 11-Mar-2020
The claimant alleged defamation by the defendant, and the court now considered the meanings of the words complained of. Another person had been held by police for seven hours after identifying the claimant as a transgendered man.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.635974

Crampton v Secretary of State for Health: CA 9 Jul 1993

Citations:

Unreported 9 July 1993, Court of Appeal (Civil Division) Transcript No 824 of 1993

Jurisdiction:

England and Wales

Cited by:

Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 October 2022; Ref: scu.551066

Sion v Hampstead Heath Authority: CA 1994

A young man was injured in a motor-cycle accident and was taken to the defendant’s hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff of the hospital was negligent and that he suffered psychiatric illness. The father’s claim was struck out as disclosing no cause of action.
Held: The father’s appeal failed. The court must aply the law as it stood.
Staughton LJ said: ‘this court must in my judgment accept the state of the law as declared by the House of Lords, even in a striking-out application. It would not be right for us to impose on the parties the burden of a trial which can only have one conclusion on the present law, against the possibility that this may prove to be a case where the law is changed.’

Judges:

Staughton LJ

Citations:

[1994] 5 Med LR 170, [1994] MLR 170

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
Cited – Liverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Personal Injury

Updated: 27 October 2022; Ref: scu.225321

Khan v Armaguard Ltd: CA 23 Feb 1994

The plaintiff had been injured when, as a passenger in his employer’s security van, it turned over as it left the motorway. Liability was not disputed but the defendants alleged that the plaintiff was malingering and said that they had video evidence to support this claim. The defendants now now appealed against an order for the disclosure of the film.
Held: The appeal failed: ‘The ‘cards on the table’ approach which now operates in my view requires that it should be very rare indeed in a personal injury case for an order for non-disclosure of a video film to be made. ‘

Judges:

Sir Thomas Bingham MR, Steyn, Rose LJJ

Citations:

[1994] EWCA Civ 19, [1994] PIQR 286, [1994] 3 All ER 545, [1994] 1 WLR 1204

Links:

Bailii

Statutes:

Order 38 R 5

Jurisdiction:

England and Wales

Citing:

Superceded – McGuiness v Kellogg Co of Great Britain Ltd CA 1988
The plaintiff sought damages for personal injuries. The defendants had refused to disclose the evidene they wished to bring to establish that he hwas not as severely injured as he had claimed.
Held: The plaintiff’s appeal against refusal of an . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 27 October 2022; Ref: scu.263219

Atlantic Capital Corporation v Burney; Atlantic Capital Corporation and Others v Johnson: CA 15 Sep 1994

The person in contempt had failed to comply with a series of asset-tracing orders which ‘depended critically’ upon the rightfulness of a default judgment earlier obtained against him. The court did not prevent him challenging the basis of those orders despite being in contempt of them. The court considered the procedure where a contemnor sought to set aside the order he was claimed to be in contempt of.

Citations:

Ind Summary 26-Sep-1994, Unreported, 15 September 1994

Jurisdiction:

England and Wales

Cited by:

Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contempt of Court

Updated: 26 October 2022; Ref: scu.183508

United Dominions Trust Ltd v Shellpoint Trustees: CA 23 Mar 1993

The lessee of a flat charged it to secure the purchase price. He fell into arrears in the payment of service charges which were recoverable as rent. The landlord obtained judgment for the arrears and for costs. The tenant paid the arrears but not the costs, and the landlord acted to take possession for non-payment. The lender applied for relief out of time. It had known of the proceedings since their inception.
Held: The term ‘lessee’ in section 138 of the Act, must be read to include a mortgagee, and having failed to act within the time limits set down, the mortgagee was barred from all relief.
cw Forfeiture relief lease mortgaged lessor repossessing flat – mortgagee failing to apply in time for relief – whether ‘lessee’ includes ‘mortgagee’.

Citations:

Gazette 02-Jun-1993, Independent 14-Apr-1993, Times 23-Mar-1993, [1993] 4 All ER 310 CA

Statutes:

County Courts Act 1984 138(2) 140

Jurisdiction:

England and Wales

Citing:

Applied – Doe d Wyatt v Byron 1845
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Litigation Practice

Updated: 26 October 2022; Ref: scu.90071

United Norwest Co-Operatives Ltd v Johnstone and Others: CA 1 Mar 1994

A person was entitled to the privilege against self-incrimination in civil proceedings. The privilege against self-incrimination remains in effect save only where there have been for any statutory limitations.

Citations:

Independent 01-Mar-1994, Times 24-Feb-1994

Jurisdiction:

England and Wales

Litigation Practice, Human Rights

Updated: 26 October 2022; Ref: scu.90076

Trill and Another v Sacher and Others: CA 16 Jun 1993

A failure to apply to strike out an action within one month of a notice of intention to proceed did not create an estoppel which could prevent a later application to strike out for delay. Whilst all periods of delay could be taken into account, and in this case had been inordinate and inexcusable, there had been no prejudice to the defendant by the delay, and the case could proceed.

Citations:

Gazette 16-Jun-1993

Jurisdiction:

England and Wales

Litigation Practice

Updated: 26 October 2022; Ref: scu.89994

Roche v Church: CA 15 Feb 1993

In an action the Plaintiff became liable to be struck out for delay. The defendant’s solicitors indicated informally a readiness to extend the time for the plaintiff, and this created an estoppel against the defendant which he could not side step. He could be compensated for the delay in costs, and the defendant could not buy out the representation made and estoppel created by offering to pay the costs suffered by the representation.

Citations:

Ind Summary 15-Feb-1993

Jurisdiction:

England and Wales

Litigation Practice

Updated: 26 October 2022; Ref: scu.88826

Taittinger and Others v Allbev Ltd and Another: CA 30 Jun 1993

An injunction was granted to restrain the labelling of a sparkling fruit (Elderflower Champagne) non-alcoholic drink made in Surrey to include the word ‘champagne’. The trial judge had held that all the necessary ingredients for a successful passing off action had been made out save for proof of likelihood of substantial damage to the plaintiff.
Held: the plaintiff argued that if the defendant continued to call its product ‘Elderflower Champagne’, ‘. . . the effect would be to demolish the distinctiveness the word champagne, and that would inevitably damage the goodwill of the champagne houses.’ Peter Gibson LJ: By parity of reasoning it seems to me no less obvious that erosion of the distinctiveness of the name champagne in this country is a form of damage to the goodwill of the business of the champagne houses.’ and as to CIVC, he said that Sir Robin Cooke ‘thought the [Champagne] case exemplified the principle that a tendency to impair distinctiveness might lead to an inference of damage to goodwill . . .’
‘Like the judge, I do not think the defendants’ product would reduce the first plaintiffs’ sales in any significant and direct way. But that is not, as it seems to me, the end of the matter. The first plaintiffs’ reputation and goodwill in the description Champagne derive not only from the quality of their wine and its glamorous associations, but also from the very singularity and exclusiveness of the description, the absence of any qualifying epithets and imitative descriptions. Any product which is not Champagne but is allowed to describe itself as such must inevitably, in my view, erode the singularity and exclusiveness of the description Champagne and so cause the first plaintiffs damage of an insidious but serious kind. The amount of damage which the defendants’ product would cause would of course depend on the size of the defendants’ operation. That is not negligible now, and it could become much bigger. But I cannot see, despite the defendants’ argument to the contrary, any rational basis upon which, if the defendants’ product were allowed to be marketed under its present description, any other fruit cordial diluted with carbonated water could not be similarly marketed so as to incorporate the description champagne. The damage to the first plaintiffs would then be incalculable but severe.’

Judges:

Peter Gibson LJ

Citations:

Independent 30-Jun-1993, Times 28-Jun-1993, [1993] FSR 641

Jurisdiction:

England and Wales

Cited by:

Cited – Sean Sweeney, Graham Edward Camps v Macmillan Publishers Limited, Danis Rose ChD 22-Nov-2001
The claimants were trustees of the estate of James Joyce, and complained at the publication of unpublished parts of the work Ulysses in a readers edition by the defendants. Published works are protected for fifty years after the author’s death, but . .
Cited – Chocosuisse, Kraft Jacobs Suchard (Schweiz) Ag, Chocoladefabriken Lindt and Sprungli (Schweiz) Ag v Cadbury Limited PatC 29-Oct-1997
The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice

Updated: 26 October 2022; Ref: scu.89691

Roebuck v Mungovin: CA 26 Apr 1993

The right to dismiss for want of prosecution once lost, will only rarely be regained by a defendant.

Citations:

Ind Summary 26-Apr-1993

Jurisdiction:

England and Wales

Citing:

Appealed to – Roebuck v Mungovin HL 4-Feb-1994
A defendant may ask for the Plaintiff’s claim to be struck out despite having cause the Plaintiff to incur costs. That was not a bar to the application. . .

Cited by:

Appeal from – Roebuck v Mungovin HL 4-Feb-1994
A defendant may ask for the Plaintiff’s claim to be struck out despite having cause the Plaintiff to incur costs. That was not a bar to the application. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.88842

Stringman v McCardle: CA 19 Nov 1993

The Judge is not to be concerned with the intended application or use of interim damages requested to be paid to a Plaintiff.

Citations:

Ind Summary 06-Dec-1993, Times 19-Nov-1993, [1994] 1 WLR 1653

Statutes:

Rules of the Supreme Court rule 11

Jurisdiction:

England and Wales

Cited by:

Cited – Spillman v Bradfield Riding Centre QBD 6-Feb-2007
The claimant child suffered very severe brain injury when kicked in the head by a horse at the defendant’s riding stables. The claimant appealed an interim award of damages. It had not been possible to determine her future earnings. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Damages

Updated: 26 October 2022; Ref: scu.89594

Rolph v Zolan: CA 7 May 1993

Postal service at the last known address within the jurisdiction is valid even though the defendant was known to be abroad. The summons was then posted on to him abroad and was properly served under County Court Rules 1981.

Citations:

Gazette 16-Jun-1993, Independent 19-May-1993, Times 07-May-1993, [1993] 1 WLR 1305

Jurisdiction:

England and Wales

Cited by:

Cited – Jephson Homes Housing Association v Moisejevs and Another CA 1-Nov-2000
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.88853

Riverside Mental Health NHS Trust v Fox: CA 28 Oct 1993

An interim declaratory order is unknown to English Law and and ‘consequently the court has no jurisdiction to grant an interim declaratory order’.

Citations:

Ind Summary 15-Nov-1993, Times 28-Oct-1993, [1994] 1 FLR 614

Jurisdiction:

England and Wales

Cited by:

Cited – Amalgamated Metal Trading Ltd v City of London Police Financial Investigation Unit and others ComC 3-Apr-2003
The company provided trading services in financial futures. They became concerned as to the integrity of their client, and its relationship with shareholders and other companies where parties came to be arrested for fraud in the US. They sought a . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.88792

Restick v Crickmore: CA 3 Dec 1993

The High Court can transfer proceedings wrongly started in High Court to the County Court as an alternative to its jurisdiction to strike out the claim. Stuart-Smith LJ said: ‘. . provided proceedings are started within the time permitted by the statute of limitations, are not frivolous, vexatious or an abuse of the process of the court and disclose a cause of action, they will not as a rule be struck out because of some mistake in procedure on the part of the plaintiff or his advisers. Save where there has been a contumelious disobedience of the court’s order, the draconian sanction of striking out an otherwise properly constituted action, simply to punish the party who has failed to comply with the rules of court, is not part of the court’s function . .’

Judges:

Stuart-Smith LJ

Citations:

Times 03-Dec-1993, Ind Summary 20-Dec-1993, Gazette 26-Jan-1994, [1994] 1 WLR 420

Statutes:

Courts and Legal Services Act 1990 2(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Birmingham City Council v Abdulla and Others CA 29-Nov-2011
The Council appealed against an order dismissing its application for the claimants’ claims under equal pay legislation to be struck out for want of jurisdiction. The claims had been brought in the High Court rather than te hEmployment Tribunal, thus . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Limitation

Updated: 26 October 2022; Ref: scu.88744

Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc: CA 30 Sep 1993

Police complaints documents’ use may be restricted in civil proceedings.

Citations:

Times 30-Sep-1993, Independent 08-Oct-1993, Gazette 08-Dec-1993

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Chief Constable of West Midlands Ex Parte Wiley; Regina v Chief Constable Notts Ex Parte Sunderland QBD 24-Feb-1993
Police were not to use a complaint statements in civil litigation. . .

Cited by:

Appeal from – Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Police

Updated: 26 October 2022; Ref: scu.86368

Regalbourne Ltd v East Lindsey District Council: CA 16 Mar 1993

When applying to for an extension of time in which to appeal against an order made by a public policy statutory tribunal’s decision, it was incorrect to seek to apply in parallel, principles which applied to a striking out.

Citations:

Times 16-Mar-1993

Jurisdiction:

England and Wales

Cited by:

Cited – United Arab Emirates v Abdelghafar and others EAT 29-Jul-1994
At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time.
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.85942

Pounds v Pounds: CA 24 Feb 1994

Consent orders giving effect to financial settlements are to be drafted and dated with care. The one in this case mistakenly pre-dated the decree nisi. It was amended under the slip rule.

Judges:

Neill LJ, Hoffmann LJ, Waite LJ

Citations:

Times 17-Mar-1994, Independent 03-Mar-1994, [1994] EWCA Civ 10, [1994] 1 WLR 1535, [1994] 2 FCR 1055, [1994] 1 FLR 775

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Radmacher v Granatino CA 2-Jul-2009
Husband and wife, neither English, had married in England. Beforehand they had signed a prenuptial agreement in Germany agreeing that neither should claim against the other on divorce. The wife appealed against an order to pay a lump sum to the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Family

Updated: 26 October 2022; Ref: scu.84818

Rastin v British Steel Plc, Todd v Evans, Adams v Geest Plc: CA 18 Feb 1994

An action which had been automatically struck out, may be re-instated if there had been good cause for the delay. ‘The proper approach to the exercise of any judicial discretion must be governed by the legal context in which the discretion arises.’ and ‘A retrospective application to extend time should not succeed unless the plaintiff (in which expression we include his advisers) is able to show that he has, save in his failure to comply with rule 11(3)(d) and (4), prosecuted his case with at least reasonable diligence. That does not mean that there is no room to criticise any aspect of his conduct of the case but that overall he is innocent of any significant failure to conduct the case with expedition, having regard to the particular features of the case. The plaintiff’s failure to comply with the rule can never be justifiable, but he must in all the circumstances persuade the court that it is excusable. If he is able to show that an extension of time for the requisite period, if sought prospectively, would in all probability have been granted, that will help him and the more technical his failure the more readily it will be excused. If, but only if, the plaintiff can discharge these burdens should the court consider the interests of justice, the positions of the parties and the balance of hardship in a more general way.’

Judges:

Sir Thomas Bingham MR

Citations:

Times 18-Feb-1994, Independent 11-Mar-1994, [1994] 1 WLR 732

Statutes:

County Court Rules 1981 Order 17 11-9

Jurisdiction:

England and Wales

Cited by:

Cited – Dowse v Kappell CA 12-Dec-1996
The plaintiff had had his claim re-instated after being struck out. The defendant appealed.
Held: There was material on which the learned Circuit Judge was entitled to reach the conclusion which she did. Although this was a borderline case, it . .
Cited – Reville v Wright CA 18-Jan-1996
Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. ‘The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold . .
Cited – Khela v Pone and Norwest Holst Limited CA 21-May-1997
The claimant sught to re-instate his personal injury action. It had been struck out under the automatic directions.
Held: The claimant had not satsified the requirement to provide a sufficient reason to make his delay excusable. . .
Cited – Arora v A R Erdozain and others (Trading As Solomon Hare and Co) CA 22-May-1997
Appeal against automatic strike out. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.85672

In Re A Barrister (Wasted Costs Order): CA 15 Mar 1994

Barrister to pay wasted costs where he had no system for discovering the listing of cases. It was his personal responsibility for keeping abreast of such listings.

Citations:

Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 15-Mar-1994, Independent 15-Mar-1994

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice

Updated: 26 October 2022; Ref: scu.85690

Pizzey v Ford Motor Co Ltd: CA 10 Mar 1993

Reports which had been mistakenly disclosed by a solicitor were admitted in evidence.

Citations:

Gazette 05-May-1993, Independent 10-Mar-1993, Times 08-Mar-1993

Jurisdiction:

England and Wales

Cited by:

Cited – Mohamad Al Fayed v The Commissioner of Police of the Metropolis CA 29-May-2002
During an action, advice from counsel had been inadvertently disclosed to the claimants. The defendant sought to restrain use of the papers in the trial. It was accepted that the papers attracted legal professional privilege, but the police also . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.84748

Polly Peck International Plc v Nadir and Others: CA 17 Mar 1993

For a bank to be sued for breach of trust after receipt of funds, it was not necessary to show that the bank knew of the fraud, but rather that it knew the funds were trust funds, and that they were being misapplied. A Mareva injunction should be issued against a bank only after great care. It would affect the operation of the bank. An application should normally be by way of a tracing claim rather than a Mareva injunction.

Citations:

Independent 31-Mar-1993, Unreported, 17 March 1993

Jurisdiction:

England and Wales

Citing:

See Also – Polly Peck International Plc v Nadir (No 2) CA 19-Mar-1992
Appeal against the grant of a Mareva injunction.
Lord Donaldson MR said: ‘I therefore turn to the principles underlying the jurisdiction. (1) So far as it lies in their power, the Courts will not permit the course of justice to be frustrated by . .

Cited by:

Cited – Islamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Jurisdiction, Banking

Updated: 26 October 2022; Ref: scu.84791

Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993

An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal.

Citations:

Independent 26-Nov-1993, Times 27-Oct-1993, Ind Summary 29-Nov-1993

Statutes:

Rules of the Supreme Court 59, Courts and Legal Services Act 1990 7(1)

Jurisdiction:

England and Wales

Contract, Litigation Practice, Education

Updated: 26 October 2022; Ref: scu.83823

Neste Chemicals SA and Others v DK Line Sa and Another (“The Sargasso”): CA 4 Apr 1994

An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. There were no ‘exceptions to the rule that date of service marks the time when the English court becomes definitively seised of proceedings’. The ECJ in the Zelger case had ’emphasise[d] the importance of certainty in national procedural laws’, and that ‘a ‘date of service’ rule would be readily comprehensible not only in England but also in other Contracting States.’

Judges:

Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins

Citations:

Times 04-Apr-1994, [1994] 3 All ER 180

Statutes:

Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Jurisdiction:

England and Wales

Citing:

Considered – Dresser UK v Falcongate Freight Management Ltd; The Duke of Yare CA 1992
In England the court was first seised of a matter at the point when the proceedings were served, not when they were issued. Article 21 was metaphorically described as a ‘tie-break rule’ which operates on the basis of strict chronological . .
Cited – Siegfried Zelger v Sebastiano Salinitri ECJ 7-Jun-1984
Article 21 of the Convention of 28 September 1968 must be interpreted as meaning that the court ‘first seised’ is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be . .

Cited by:

Cited – Nussberger and Another v Phillips and Another (No 4) CA 19-May-2006
A claim was issued in London in December 2004, and then served in part in Switzerland in January 2005. One copy was removed from the bundle by a Swiss official, seeing that it had been marked ‘Nor for service out of the jurisdiction.’ That marking . .
Cited – 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 . .
Cited – Phillips and Another v Symes and others HL 23-Jan-2008
Various parties had sought relief in the English courts and in Switzerland after an alleged fraud. There had been a mistake in service of the proceedings in England. The high court had dispensed with service an backdated the effect of the order to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Jurisdiction

Updated: 26 October 2022; Ref: scu.84257