A garnishee order was obtained against a trustee purporting to attach the beneficiary’s share of the trust income. No income was however in the trustee’s hands which he was at that time due to pay to the beneficiary.
Held: The garnishee order was set aside, on the basis that the trustee could not be said to be a debtor ‘unless he has got in his hands money which it is his duty to hand over to the cestui que trust’
An available and appropriate course in this situation would be to apply for the appointment of a receiver.

Judges:

Lindley LJ, Fry LJ

Citations:

(1883) 11 QBD 518

Jurisdiction:

England and Wales

Cited by:

Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 October 2022; Ref: scu.646122

H appealed from a decision to set aside a third party debt order which he had obtained over a debt he said was due to F from Liverpool City Council in respect of housing benefit owed to F as rent for one of F’s tenants.
Held: A judgment creditor cannot stand in a better position than the judgment debtor did in relation to the third party against whom the third party debt order is sought

Judges:

Richards, Floyd, Sales LJJ

Citations:

[2015] EWCA Civ 1202, [2016] HLR 9

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fom – Ferrera v Hardy ChD 2-Oct-2013
. .

Cited by:

Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.

Housing, Litigation Practice

Updated: 01 October 2022; Ref: scu.646124

Money in a bank account included money of which the judgment debtor was trustee.
Held: That money could not be ordered to be paid to the judgment creditor who obtained the charging order: ‘he can only obtain payment out of the debtor’s own money.’

Judges:

Lindley LJ

Citations:

(1889) 23 QBD 236

Jurisdiction:

England and Wales

Cited by:

Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Cited – Taurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq CA 28-Jul-2015
The parties had contractual disputes as to letters of credit governed by Iraqi law. The arbitration was in London applying Iraqi law. They now disputed whether the Enforcement of arbitration award was as an award made in London. Each appealed . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 October 2022; Ref: scu.646120

The plaintiff sought to enforce payment of a judgment in his favour against the defendant (the Severo Sibirsko Bureau) by service of a garnishee order nisi on the Bureau’s bank, the Bank for Russian Trade. The order was served less than an hour after the bank had received an instruction from the Bureau to close its account and transfer the entire credit balance to the account of the Soviet trade delegation in London, which was held at the same bank. The trade delegation had the benefit of diplomatic immunity from suit.
Held: The transfer instruction was still revocable when the order was received by the Bank for Russian Trade. All that had happened was that the bank had made entries in its books to close the Bureau’s account. It had not yet credited the Soviet trade delegation’s account and the trade delegation did not know of the proposed transfer. The garnishee order was held to operate as a revocation of that instruction: ‘ . . the effect of the service of garnishee order nisi is, according to Lord Watson in Rogers v Whiteley, to make the garnishee ‘custodier’ for the court of the whole funds attached.’

Citations:

[1933] 1 KB 47, [1932] All ER 534

Jurisdiction:

England and Wales

Cited by:

Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 October 2022; Ref: scu.646121

Matters following grant of civil restraint orders

Judges:

Mr Justice Butcher

Citations:

[2019] EWHC 3228 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 01 October 2022; Ref: scu.645963

Consideration of application for recusal of the judge.
Held: The judge had expressed doubts about the applicant’s credibility, but that was not enough on its own to require recusal.

Judges:

Barker QC HHJ

Citations:

[2017] EWHC B14 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Al Zawawi v Newson-Smith QBD 27-Oct-2016
Defendant’s, having been told that the Master hearing their case found their evidence to date unreliable, applied to him to recuse himself. He refused and the parties now appealed from his refusal of that application.
Held: The appeal was . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 October 2022; Ref: scu.588005

Judges:

Coulson J

Citations:

[2011] EWHC 3178 (QB)

Links:

Bailii

Litigation Practice

Updated: 29 September 2022; Ref: scu.449396

Reasons for grant of privacy injunction and anonymity order

Judges:

Tugendhat J

Citations:

[2011] EWHC 3133 (QB)

Links:

Bailii

Litigation Practice

Updated: 29 September 2022; Ref: scu.449395

Reasons for grant of injunction to prohibit the disclosure of information specified in the order, and in particular any information concerning the fact or details of the sexual relationships between the Claimant and the First or Second Defendants.

Judges:

Tugendhat J

Citations:

[2011] EWHC 3121 (QB)

Links:

Bailii

Litigation Practice

Updated: 29 September 2022; Ref: scu.449393

The defendant had been accused and acquitted of complicity in a murder, and was sued by members of the deceased’s family for damages. He now sought leave to amend his defence to challenge also the convictions of two others, alleging serious concerns about the safety of those convictions. An enquiry into the convictions was yet incomplete.
Held: The application had been long delayed, and would be refused for that reason alone, however on the merits he had not shown an arguable case that the convictions were unsafe. The application was denied.

Judges:

Lightman J

Citations:

[2005] EWHC 1642 (Ch)

Links:

Bailii

Statutes:

Civil Evidence Act 1968 11(1)

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.229096

Renewed application for permission to seek judicial review

Citations:

[2002] EWCA Civ 1379

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.217501

Citations:

[2002] EWCA Civ 1184

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.217222

Claimants’ application for a speedy trial and/or injunctive relief pending trial of a kind which has become known as springboard relief.

Citations:

[2011] EWHC 3376 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.655910

Appeal against an order for summary judgment by way of enforcement of a judgment for US$11 million given by the United States District Court for the Central District of California

Judges:

Lord Justice David Richards

Citations:

[2021] EWCA Civ 313

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.659355

Consideration of a civil restraint order

Judges:

The Honourable Mrs Justice Tipples DBE

Citations:

[2020] EWHC 2729 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.655144

Judges:

Asplin J

Citations:

[2016] EWHC 333 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 28 September 2022; Ref: scu.562022

Pre-action disclosure. The test of a properly arguable case with a real prospect of success is the same test as is set out in CPR 13.3(1) and 24.2 in relation to setting aside judgments in default and resisting summary judgment respectively. The Court of Appeal in Rose had not been concerned with whether a lower threshold than a good arguable case satisfied the requirements of CPR 31.16: ‘The leading case on the exercise of the Court’s powers under CPR 31.16 is the decision of the Court of Appeal in Black v Sumitomo Corporation [2002] 1 WLR 1562. In Rose v Lynx Express Ltd this decision was not referred to by the Court of Appeal. Having decided that the applicant’s construction of the articles of association was ‘properly arguable’ the Court of Appeal appears to have considered that the jurisdictional conditions specified in CPR 31.16 (3) had been satisfied. The only objection to the making of the order seems to have been based on the meaning to be attached to the relevant article. It was therefore unnecessary for the Court of Appeal in that case to decide whether a lower threshold than a good arguable case satisfied the requirements of CPR 31.16 (3) and how the discretion should be exercised in such circumstances. But in Black v Sumitomo these issues did arise for consideration.’

Judges:

Patten J

Citations:

[2006] EWHC 822 (Ch)

Links:

Bailii

Statutes:

Civil Procedure Rules

Jurisdiction:

England and Wales

Citing:

Cited – Black v Sumitomo Corporation CA 3-Dec-2001
The claimants proposed pre-action discovery which was resisted.
Held: A purpose of pre-action disclosure is to assist those who need disclosure as a vital step in deciding whether to litigate at all or to provide a vital ingredient in the . .
Cited – Rose v Lynx Express Ltd. and Bridgepoint Capital (Nominees) Ltd CA 7-Apr-2004
In an request for pre-action discovery it was plainly wrong for the court to seek to decide in advance any element of the virtues of the case.
Held: The appeal should be allowed. The case was arguable and should be allowed to proceed.

Cited by:

Cited – Kneale v Barclays Bank Plc (T/A Barclaycard) ComC 23-Jul-2010
The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise.
Held: After Carey it was not to be argued . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 September 2022; Ref: scu.240343

Judges:

Rimer J

Citations:

[2006] EWHC 17 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Koshy v Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh CA 24-Nov-2003
One party had been ordered to pay the costs of an unsuccessful attempt to discharge injunctions and strike out the action. The applications failed (badly) and the costs were ordered to be taxed and paid forthwith. Later there was a trial, and the . .
See Also – Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy ChD 13-Dec-2004
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have . .

Cited by:

See Also – Koshy v Deg-Deutsche Investitions-Und Entwicklungsgesellschaft Mbh and Another CA 5-Feb-2008
Application to set aside earlier order saying that it had been obtained by fraudulent misrepresentation or false evidence . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 September 2022; Ref: scu.237913

The defendant had sought an adjournment, which was refused, with specified conditions for any renewed application.
Held: The present application was not by solicitors who had accepted instructions to appear at the trial, and therefore did not meet the conditions set out. In any event insufficient information had been placed before the court toassess the merits of the application. ‘this application is another attempt without any cause to sabotage an early trial of the Preliminary Issue. It reflects the mind frame of Mr van Hoogstraten to which I referred in my judgment given on the 29th July 2005 that there would be no timetable without his consent and that he would abide with no timetable to which he did not agree. ‘

Citations:

[2005] EWHC 2575 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Raja v Van Hoogstraten ChD 11-Nov-2005
The defendant sought adjournment of the trial of his action.
Held: The defendant had tried to frustrate the hearing of the case. The delay was refused with leave for legal representatives appointed for the trial to renew an application. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 September 2022; Ref: scu.235024

What costs order to be made on discontinuance of action alleging fraud.

Judges:

Lightman J

Citations:

[2005] EWHC 994 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 September 2022; Ref: scu.225272

Application for civil proceedings order.

Citations:

[2004] EWHC 816 (Admin)

Links:

Bailii

Statutes:

Supreme Court Act 1981 42

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 September 2022; Ref: scu.197063

Whether an offer exclusive of interest can be made under CPR Part 36 either generally or at least in the context of proceedings for detailed assessment of costs under CPR Part 47.

Citations:

[2019] EWCA Civ 2266

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 September 2022; Ref: scu.645860

The claimant had had disclosed to him certain documents of which parts had been redacted on the basis of privilege. He now sought disclosure of the redacted parts.

Judges:

Mann J

Citations:

[2011] EWHC 1904 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 26 September 2022; Ref: scu.448325

Citations:

[1728] EngR 339, (1728) Skin 407, (1728) 90 ER 181 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 25 September 2022; Ref: scu.388672

Application to re-impose freezing order.

Citations:

[2005] EWHC 2668 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 25 September 2022; Ref: scu.235442

Directions hearing in a forthcoming appeal.

Citations:

[2001] EWCA Civ 684

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 25 September 2022; Ref: scu.218102

Application for leave to appeal. Granted.

Citations:

[2002] EWCA Civ 1198

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 25 September 2022; Ref: scu.217436

A world wide asset freezing order had been made. The defendants sought that it be set aside. Pending the hearing of their application, they sought also delay of their obligation to co-operate in providing full details of their finances.
Held: The asset freezing order remained in place. To be effective the information was needed from the defendant. Since they accepted that the order must continue, it followed that the means enquiry must also take place. Where an appeal is grounded on an alleged lack of jurisdiction to make the (disobeyed) order at all, it was generally right to hear the contemnor: ‘we bear in mind that the defendants’ appeals are essentially defensive in nature. Their stance in this jurisdiction has been one of resistance to a series of restrictive and intrusive orders sought by the claimant in foreign proceedings, rather than a voluntary invocation of the powers of the English court for their own benefit. This seems to us to bear on the proportionality of precluding them, as parties in contempt, from what would otherwise be their right of appeal against the freezing orders to which the orders for cross-examination were ancillary. In all the circumstances, we take the view that the defendants should be heard upon, and their arguments treated as addressed to, all of their appeals and applications now before us.’

Judges:

Lord Woolf, Lord Chief Justice, Lord Justice Waller and Lord Justice Sedley

Citations:

Times 10-Jul-2002, Gazette 30-Aug-2002, [2002] EWCA Civ 989, [2002] 2 All ER (Comm) 945

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc ChD 25-Jul-2003
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed . .
Cited – Polanski v Conde Nast Publications Limited CA 11-Nov-2003
The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order.
Held: There was no absolute . .
See Also – 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 . .
Cited – ETI Euro Telecom International Nv v Republic of Bolivia and Another CA 28-Jul-2008
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia.
Held: The international system of arbitration was not subject to any national law and did . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contempt of Court

Updated: 25 September 2022; Ref: scu.174310

vexatious litigant order

Citations:

[2004] EWHC 698 (Admin)

Links:

Bailii

Statutes:

Supreme Court Act 1981 42

Jurisdiction:

England and Wales

Litigation Practice

Updated: 25 September 2022; Ref: scu.195554

Any person who is legitimately in premises may refer any material found there to the police.

Judges:

Lord Bingham of Cornhill LCJ, Millett, Potter LJJ

Citations:

[1997] EWCA Civ 1549, [2002] FSR 34, [2001] All ER (D) 259 (Jun)

Jurisdiction:

England and Wales

Citing:

Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .

Cited by:

Cited – C Plc v P and Attorney General Intervening CA 22-May-2007
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 25 September 2022; Ref: scu.141945

Judges:

Lionel Persey QC

Citations:

[2021] EWHC 103 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 25 September 2022; Ref: scu.657533

Defendant’s, having been told that the Master hearing their case found their evidence to date unreliable, applied to him to recuse himself. He refused and the parties now appealed from his refusal of that application.
Held: The appeal was refused.
Morris J extracted eight principles to be applied when a judge considered an application for his recusal: ‘1. The fundamental test is that laid down in Porter v Magill, namely whether a fair-minded and informed observer, having considered all the facts, would conclude that there was a real possibility that the tribunal was biased.
2. There must be substantial evidence of actual or imputed bias before a recusal application will succeed.
3. Where there is real ground for doubt, that doubt should be resolved in favour of recusal.
4. Bias does not arise only where the judge might have a personal interest or connection with the case, but extends to any real possibility that a judge would approach the case with a closed mind or indeed with anything other than an objective view. A real possibility, in other words, that he might in some way have prejudged the case.’ (That is a quote from the case of Otkritie International Investment Management v Urumov [2014] EWCA Civ 1315).
‘5. That an example of bias is where, on any question at issue in the proceedings before him, the judge has expressed views, particularly in the course of the hearing, in such extreme and unbalanced terms as to throw doubt on his ability to try the issue with an objective judicial mind.’ (That is drawn from Locabail at [25].).
‘6. The use of intemperate language, questioning the good faith of the party’s application, or conduct which amounts to entering into the arena, can all result in loss of or perceived loss of the necessary objectivity and impartiality.
7. The opinion of the notional informed and fair-minded observer is not to be confused with the opinion of the litigant. The real possibility test is an objective one.
8. The mere fact that a judge, earlier in the same case or in a previous case, has commented adversely on a party or a witness, or found the evidence of a party or a witness to be unreliable, will not, without more, found a sustainable objection.’

Judges:

Morris J

Citations:

[2016] EWHC 2796 (QB)

Jurisdiction:

England and Wales

Cited by:

See Also – Newson-Smith v Al Zawawi QBD 21-Jul-2017
. .
Applied – Sandhu and Another v The Charity Commission and Others ChD 20-Apr-2017
Consideration of application for recusal of the judge.
Held: The judge had expressed doubts about the applicant’s credibility, but that was not enough on its own to require recusal. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 25 September 2022; Ref: scu.645942

The defendants applied to set aside an earlier order made without notice, saying that the claimants had not make full and frank disclosure and misled the court in their evidence and submissions and had not complied with an associated undertaking to and order of the court.

Judges:

Andrew Smith J

Citations:

[2012] EWHC 3539 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Dar Al Arkan Real Estate Development Company (C) and Another v Al-Sayed Bader Hashim Al-Refai and Others QBD 20-Dec-2013
The defendants sought an order for the committal of officers of the clamant for having failed to comply with court orders and a preservation undertaking, saying that the claimant had destroyed evidence.
Held: The claimants said that such an . .
See Also – Dar Al Arkan Real Estate Development Company and Another v Al-Sayed Bader Hashim Al Refai and Others ComC 11-Apr-2014
Applications as to management of committal application. Andrew Smith J had ruled in favour of the applicant/defendant that without notice orders made against them should be discharged because the claimants had misled the court and failed to comply . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 25 September 2022; Ref: scu.467069

Application without notice for interim injunction.

Judges:

Akenhead J

Citations:

[2011] EWHC 2477 (TCC)

Links:

Bailii

Litigation Practice

Updated: 25 September 2022; Ref: scu.447618

Citations:

[1669] EngR 200, (1669) Dick 19, (1669) 21 ER 173 (D)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 22 September 2022; Ref: scu.407040

Citations:

[1691] EngR 64, (1691) 2 Vern 234, (1691) 23 ER 752 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 22 September 2022; Ref: scu.393215

Judges:

The Honourable Mr Justice Blackburne

Citations:

[2005] EWHC 2241 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 22 September 2022; Ref: scu.231578

Judges:

The Honourable Mr Justice Peter Smith

Citations:

[2005] EWHC 1897 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 22 September 2022; Ref: scu.229753

Judges:

Toulson J

Citations:

(2001) 151 New LJ 694

Jurisdiction:

England and Wales

Cited by:

Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 22 September 2022; Ref: scu.198194

The applicant recovered damages from a driver, but then claimed further damages, over a protracted series of cases, from the health authority where she had been treated. She sought leave to appeal out of time against an order striking out her claim on the ground that it disclosed no cause of action, and was frivolous and vexatious, and that, having been ordered to file a medical report supporting her claim she had failed to produce one. When eventually one was produced, it did not go to support her claim.

Citations:

[1997] EWCA Civ 1560

Jurisdiction:

England and Wales

Litigation Practice

Updated: 22 September 2022; Ref: scu.141956

(Malaya)

Citations:

[1964] UKPC 50, [1965] 1 WLR 8, [1964] 3 All ER 933

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 20 September 2022; Ref: scu.445231

Citations:

[1863] EngR 492, (1863) 3 De G J and S 479, (1863) 46 ER 721

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 20 September 2022; Ref: scu.283147

Citations:

[1863] EngR 479, (1863) 32 Beav 381, (1863) 55 ER 149

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 20 September 2022; Ref: scu.283134

Two applications by Mr Angelo Perotti for permission to appeal

Citations:

[2001] EWCA Civ 2061

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 19 September 2022; Ref: scu.218688

Case management

Judges:

Mr Justice Julian Knowles

Citations:

[2020] EWHC 3345 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 19 September 2022; Ref: scu.656960

Application by the defendant issued for an extension of the date by which the defendant was required to give standard disclosure.

Judges:

Mr Justice Fancourt

Citations:

[2019] EWHC 3690 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Byers and Others v Samba Financial Group ChD 8-Apr-2020
. .
See Also – Byers and Others v Samba Financial Group ChD 24-Apr-2020
. .
See Also – Byers and Others v Samba Financial Group ChD 2-Oct-2020
. .
See Also – Byers and Others v Samba Financial Group (230) ChD 15-Jan-2021
Reasons for grant of leave to appeal . .
See Also – Byers and Others v Samba Financial Group (60) ChD 15-Jan-2021
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 19 September 2022; Ref: scu.649082

Judges:

Justice Fancourt

Citations:

[2020] EWHC 853 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Byers and Others v Samba Financial Group ChD 20-Dec-2019
Application by the defendant issued for an extension of the date by which the defendant was required to give standard disclosure. . .

Cited by:

See Also – Byers and Others v Samba Financial Group ChD 24-Apr-2020
. .
See Also – Byers and Others v Samba Financial Group ChD 2-Oct-2020
. .
See Also – Byers and Others v Samba Financial Group (230) ChD 15-Jan-2021
Reasons for grant of leave to appeal . .
See Also – Byers and Others v Samba Financial Group (60) ChD 15-Jan-2021
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 19 September 2022; Ref: scu.649955

Judges:

Fancourt J

Citations:

[2020] EWHC 2591 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Byers and Others v Samba Financial Group ChD 20-Dec-2019
Application by the defendant issued for an extension of the date by which the defendant was required to give standard disclosure. . .
See Also – Byers and Others v Samba Financial Group ChD 8-Apr-2020
. .
See Also – Byers and Others v Samba Financial Group ChD 24-Apr-2020
. .

Cited by:

See Also – Byers and Others v Samba Financial Group (230) ChD 15-Jan-2021
Reasons for grant of leave to appeal . .
See Also – Byers and Others v Samba Financial Group (60) ChD 15-Jan-2021
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 19 September 2022; Ref: scu.654536

Defendant’s application for relief from sanctions.

Judges:

Mrs Justice O’Farrell DBE

Citations:

[2019] EWHC 1659 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 19 September 2022; Ref: scu.640375

Applicability of the doctrines of without prejudice privilege and litigation privilege to an application for inspection of a settlement agreement between some, but not all, of the parties

Citations:

[2019] EWCA Civ 1937

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 19 September 2022; Ref: scu.645529

Defendant’s application for order for closed material directions.

Citations:

[2016] NIQB 81

Links:

Bailii

Statutes:

Justice and Security Act 2013

Jurisdiction:

Northern Ireland

Litigation Practice

Updated: 19 September 2022; Ref: scu.640841

The courts considered various interlocutory applications.

Judges:

Newey J

Citations:

[2011] EWHC 2286 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 19 September 2022; Ref: scu.444297

Citations:

[1836] EngR 684, (1836) 4 Ad and E 973, (1836) 111 ER 1049

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.315016

A motion in arrest of judgment, on a cause tried out of term, must be made within the first four days of the term ensuing the trial.

Citations:

[1836] EngR 673, (1836) 2 Bing NC 701, (1836) 132 ER 270

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.315005

A rule for entering up judgment in a writ of false judgment having been made absolute, costs were taxed, and the prothonotary’s allocatur indorsed on the back of the rule. The Plaintiff then issued execution without further entering or signing
judgment.
Held: irregular.

Citations:

[1836] EngR 639, (1836) 2 Bing NC 711, (1836) 132 ER 274 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.314971

A judgment (without satisfaction) recovered against one of two joint debtors is a bar to an action against the other: – Secus where the debt is joint and several. – And it is pleadable in bar, and not in abatement. – Such a plea need not contain a verification by the record, or prayer of judgment.
Judgment had been recovered against one defendant alone and was unsatisfied. A separate action commenced against another defendant in respect of the same contract was held inadmissible. The proposition was stated in general terms as follows: ‘If there be a breach of contract, or wrong done, or any other cause of action by one against another, and judgment be recovered in a court of record, the judgment is a bar to the original cause of action, because it is thereby reduced to a certainty, and the object of the suit attained, so far as it can be at that stage; and it would be useless and vexatious to subject the defendant to another suit for the purpose of obtaining the same result. Hence the legal maxim, ‘transit in rem judicatam,’ – the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided into two.’

Judges:

Parke B

Citations:

[1844] EngR 1042, (1844) 13 M and W 494, (1844) 153 ER 206

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd SC 3-Jul-2013
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had . .
Cited – Kendall v Hamilton HL 1879
The plaintiff had made a loan to a partnership consisting of Wilson and McLay in order to finance certain shipments. Unknown to the plaintiff, the shipments were in fact for the joint benefit of Wilson, McLay and one Hamilton, who had authorised . .
Cited – Taylor v Van Dutch Marine Holding Ltd and Others ChD 22-Jul-2019
. .
Cited – Moorjani and Others v Durban Estates Ltd and Another TCC 15-May-2019
Allegations of breach of landlords’ repairing obligations – defendants’ strike out application.
Held: ‘ the critical question is whether this second action is based on the same cause, or causes, of action, and not whether it pleads the same . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 17 September 2022; Ref: scu.305634

Citations:

[1836] EngR 656, (1836) Donn Eq 87, (1836) 47 ER 245

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.314988

Citations:

[1863] EngR 485, (1863) 14 CB NS 361, (1863) 143 ER 485

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.283140

Citations:

[1863] EngR 517 (B), (1863) 14 CB NS 337

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.283172

Citations:

[1863] EngR 480, (1863) 3 B and S 947, (1863) 122 ER 354

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 September 2022; Ref: scu.283135

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 was said that the situation arose from maladministration by the local authority of their housing benefit, and that this was an exceptional circumstance to allow an adjournment.
Held: The effective date was the date of the hearing. The judge had no discretion to adjourn, and the failures of the local authority did not create an exceptional circumstance. To adjourn the case would deprive the landlord of its claim. ‘the authorities tend in our judgment to show that the court should not adjourn a hearing date for the purpose of enabling a defendant to rely on a subsequent change in the law or the facts and thereby defeat the claim. ‘ and ‘We acknowledge that this conclusion will lead to tenants who are in receipt of housing benefit having no defence to a claim for possession in circumstances where they are not at fault. The statutory scheme is, therefore, potentially draconian in its application.’

Judges:

Lord Justice Brooke Vice President Of The Court Of Appeal (Civil Division) Lord Justice Mance And Lord Justice Dyson

Citations:

[2004] EWCA Civ 1736, Times 11-Jan-2005, [2005] 1 WLR 3133, [2005] 2 All ER 667, [2005] HLR 17

Links:

Bailii

Statutes:

Housing Act 1988 8

Jurisdiction:

England and Wales

Citing:

Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Cited – Manchester City Council v Cochrane and Cochrane CA 21-Dec-1998
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 . .
Cited – Mountain v Hastings CA 16-Apr-1993
The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. . .
Cited – Regina v Walsall Justices, ex parte W (a minor) QBD 1990
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that . .
Cited – Andy Coltrane v Janice Day CA 14-Mar-2003
In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears.
Held: The past course of dealings between the parties showed that the landlord had . .
Cited – Kingcastle Limited v Owen-Owen CA 19-Feb-1999
In a claim for possession of residential premises, the defendant who was the gay partner of the deceased tenant, to have succeeded to his partner’s tenancy as a member of his family.
Held: A court may adjourn a case pending the outcome of an . .
Cited – City Council of Bristol v Lovell HL 26-Feb-1998
A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be . .
Cited – City Council of Bristol v Lovell HL 26-Feb-1998
A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be . .
Cited – Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same Admn 25-Nov-1997
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ . .
Cited – Regina v A Circuit Judge (sitting at Norwich County Court) ex parte Wathen QBD 1976
Lessors claimed for arrears of rent, forfeiture of the lease and possession of the premises. The lessee admitted the arrears, advanced no defence and did not seek an adjournment. The judge, of his own motion, adjourned the hearing because the . .
Cited – Birmingham Citizens Permanent Building Society v Caunt 1962
The court considered whether there it had jurisdiction to refuse to order possession in favour of a legal mortgagee under an instalment mortgage under which, by reason of default, the whole money had become payable.
Held: The court made an . .
Cited – London and Quadrant Housing Trust v Sandra Ison 8-Sep-2003
(Romford County Court) ‘A judge who adjourns the hearing of a ground 8 possession claim solely in order to allow a defendant an opportunity to defeat that claim, whether by extracting payment from the housing benefit authority or from any other . .
Cited – Stewart v Engel, BDO Stoy Hayward CA 17-May-2000
A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against . .
Leave – North British Housing Association Limited v Lorraine Matthews CA 21-Dec-2004
. .

Cited by:

Cited – S v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .
Cited – Mexfield Housing Co-Operative Ltd v Berrisford ChD 5-Oct-2009
The claimant appealed against refusal of a summary order for possession of the defendant tenant’s house for arrears of rent. The arrears arose through delay in payment of Housing Benefit, and all arrears had been cleared by the hearing of the . .
Lists of cited by and citing cases may be incomplete.

Housing, Litigation Practice

Updated: 17 September 2022; Ref: scu.220526

Citations:

[2002] EWCA Civ 684

Links:

Bailii

Statutes:

Access to Justice Act 1999 54

Jurisdiction:

England and Wales

Citing:

See Also – Plymouth City Council v Hoskin CA 18-Feb-2002
Possession order – anti-social behaviour . .

Cited by:

See Also – Plymouth City Council v Hoskin CA 18-Feb-2002
Possession order – anti-social behaviour . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 17 September 2022; Ref: scu.217212