Category: Litigation Practice

Bridgeman v Brown: CA 19 Jan 2000

A statement of case is not suitable for striking out if it raises a serious live issue of fact which can only be properly determined by hearing oral evidence. Hale J, said: ‘the essence of a strike out is that one does not look at the evidence on the claim’

Judges:

Evans, Hale, Rattee LJJ

Citations:

[2000] EWCA Civ 524

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Wyatt v Vince SC 11-Mar-2015
Long delayed ancillary relief application proceeds
The parties had divorced some 22 years before, but no ancillary relief order had been made to satisfy the application outlined in the petition. The parties when together had lived in relative poverty, but H had subsequently become wealthy. W applied . .
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 16 September 2022; Ref: scu.442021

Kitfix Swallow Group Ltd v Great Gizmos Ltd: ChD 22 Nov 2007

The defendant sought a stay of the proceedings for trade mark infringement to allow an application at OHMI for the revocation of the trade mark to be decided.
Held: The court should be cautious before applying practice on patents where the same rules were not available to manage such disputes. In this case the prospect of possible delay and uncertainty if left to the European Courts weighed against the grant of a stay.

Judges:

Mann J

Citations:

[2007] EWHC 2668 (Ch), Times 18-Dec-2007, [2008] Bus LR 465

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Glaxo Group Ltd v Genentech Inc and Another PatC 15-Jun-2007
So far as patents are concerned, there is a rebuttable presumption in favour of staying English proceedings over EPO proceedings. This was an issue which might deserve consideration by the Court of Appeal. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice

Updated: 16 September 2022; Ref: scu.261462

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 previously accepted cheques, and now required the landlord to accept payment by cheque. Payment by means of a cheque was made on the day the cheque was presented, but conditional until honoured. There was no reason to treat possession proceedings under the 1988 Act differently. The district judge had a discretion to adjourn which he should have exercised. Appeal allowed.

Judges:

Lord Justice Potter Lord Justice Tuckey Mr Justice Wall

Citations:

Times 15-Apr-2003, [2003] EWCA Civ 342, Gazette 15-May-2003, [2003] 1 WLR 1379

Links:

Bailii

Statutes:

Housing Act 1988 9(1) Schedule 2 Part 1

Jurisdiction:

England and Wales

Citing:

Cited – Homes v Smith CA 2000
Where a cheque is offered in payment it amounts to a conditional payment of the amount of the cheque which, if accepted, operates as a conditional payment from the time when the cheque was delivered. . .
Cited – Beevor v Mason 1978
Under the 1948 Act, effect must be given to a notice to quit served after failure to comply with a notice requiring the tenant to pay any rent due within two months of the notice. The evidence showed that the landlord had previously accepted payment . .
Cited – Felix Hadley and Co v Hadley ChD 1898
A cheque for a sum due which (a) is delivered to a creditor (b) is not returned by the creditor and (c) is met on first presentation discharges the debt as at the date the cheque is delivered. . .

Cited by:

Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant, Litigation Practice

Updated: 16 September 2022; Ref: scu.179919

Smith v Cosworth Casting Processes Ltd: CA 1 May 1997

A judge correctly decided not to exercise his discretion to extend time for leave to appeal where no factual basis had been given for the late application to set aside a judgment.
Lord Woolf MR said: ‘it should be borne in mind prior to making such an application that this court is likely to be very unsympathetic to it being made if it will in effect involve the parties in exactly the same expense as determining the appeal itself, and will not necessarily save the time of the court but risk the court having to have two hearings when only one would be necessary if there were no application to set aside. It is appreciated that any litigant will feel aggrieved by being faced with delay in waiting to have an appeal heard which has no prospect of success. However, the only consequence of applications such as this having to be heard is to delay the hearings of appeals the determination of which serves some purpose. There are circumstances where an application to set aside leave is fully justified, but the present application does not fall within that category.’

Judges:

Lord Woolf MR

Citations:

Times 15-May-1997, [1997] EWCA Civ 1598

Jurisdiction:

England and Wales

Cited by:

Cited – Nathan v Smilovitch and Another CA 13-May-2002
Application to set aside leave to appeal.
Held: It is a rare case in which, once permission to appeal has been granted it is appropriate to set it aside. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 16 September 2022; Ref: scu.141994

Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

A party had been refused leave to appeal against an arbitration under the Act by the judge, but later obtained leave to appeal.
Held: Such leave could only be granted by the trial judge, and the Court of Appeal could set aside the leave granted in excess of jurisdiction. The parties had argued that the arbitration itself was in excess of jurisdiction, but that did not affect the current issue.

Judges:

Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Robert Walker and Lord Justice Clarke

Citations:

Times 13-Jun-2002, Gazette 18-Jul-2002, [2002] EWCA Civ 830, [2002] 1 WLR 2863

Links:

Bailii

Statutes:

Arbitration Act 1996 76, Civil Procedure Rules 52.9

Jurisdiction:

England and Wales

Citing:

Cited – Henry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Limited CA 25-May-2000
Where a party appealed against an arbitration to the County or High Court, the court which gave judgment was the sole body able to give permission to enter an appeal under the Act. An appellate court did not have jurisdiction to give leave to . .

Cited by:

Cited – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Cited – Sumukan Ltd v The Commonwealth Secretariat CA 21-Mar-2007
The appellants sought to challenge a finding that they had by their contract with the defendants excluded the right to appeal to a court on a point of law. The defendants replied that the appeal court had no jurisdiction to hear such an appeal.
Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 16 September 2022; Ref: scu.174002

Armes v Nottinghamshire County Council: QBD 15 Nov 2016

Application to set aside anonymity order granted in earlier proceedings alleging sexual abuse.

Judges:

Males J

Citations:

[2016] EWHC 2864 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
See Also – NA v Nottinghamshire County Council CA 12-Nov-2015
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child.
Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local . .

Cited by:

Removal of Anonymity – Armes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 September 2022; Ref: scu.571783

Case LVI 38 Eliz 5 Co 85 B, Penryn Case Droit, Error, Bar, Gales, Grand Cape And Petit: 1220

A quod ei deforceat is brought in Wales, and prosecuted in the nature of a writ of right, according to the course there ; by force of the statute of l2 E 1 the tenant joins the mise upon the mere right, and afterwards makes default ; and without a petit cape awarded, judgment final is given against him ; the tenant brings a writ of right against the demandant, who had judgment ut supra and execution; he pleads the first judgment in bar : and judgment is given that it is it good bar ; the plaintiff, who was the tenant against whom the first judgment was given, brings a writ of error upon this last judgment ; and assigns for error, that a petit cape was not awarded before the first jitdgrnetit : non allocatur ; the first judgment was affirmed : for although it was erroneous, yet it is in force until it be reversed ; and this writ of error is not to reverse the first judgment, but the second judgment ; the second judgment was affirmed in error.

Citations:

[1220] EngR 467, (1220-1623) Jenk 259, (1220) 145 ER 185 (A)

Links:

Commonlii

Jurisdiction:

Wales

Litigation Practice

Updated: 15 September 2022; Ref: scu.461379

Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 27 Jun 2011

Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it therein, within the meaning of Section 30(1)(g) of the Landlord and Tenant Act 1954, and if so when, and in what circumstances the Defendant so intends; but so that such issue shall not include any question as to the lawfulness of that intention as a matter of competition law’.

Judges:

Morgan J

Citations:

[2011] EWHC 1790 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 11-May-2011
. .

Cited by:

Issue Set – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 29-Jul-2011
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 27-Jan-2012
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 September 2022; Ref: scu.441633

C Inc Plc v L and Another: ComC 16 Mar 2001

The court was asked as to the scope of the court’s power to grant a freezing order over the assets of a person who is resident out of the jurisdiction and against whom no substantive claim had yet been brought by the Claimant.

Judges:

Aikens J

Citations:

[2001] 2 All ER (Comm) 446, [2001] 2 Lloyd’s Rep 459, [2001] CLC 1054, [2001] EWHC 550 (Comm), [2007] 1 WLR 320

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – JSC BTA Bank v Ablyazov SC 21-Oct-2015
The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 September 2022; Ref: scu.441584

Excalibur Ventures Llc v Texas Keystone Inc and Others: ComC 28 Jun 2011

The court gave its reasons for the grant of an order restraining the claimant from also pursuing arbitration proceedings at the International Court of Arbitration.
Held: Gloster J was, found on the evidence then before her a strong arguable case that Gulf was not a party to the alleged contract with Excaliburnd described the grounds put forward by Excalibur to assert the contrary as not, at least at that stage, legally or evidentially convincing.

Judges:

Gloster DBE J

Citations:

[2011] EWHC 1624 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Excalibur Ventures Llc v Texas Keystone Inc and Others ComC 10-Sep-2013
Excalibur claimed to be entitled to an interest in a number of oil fields in Kurdistan, which are potentially extremely profitable, and of which the Shaikan field is the most important. The claim was for specific performance of a ‘Collaboration . .
Cited – Excalibur Ventures Llc v Texas Keystone Inc and Others CA 18-Nov-2016
Excalibur had entered into a conditional fee agreement with its solicitors to suport its intended claim against the respondents. Funders had advanced some andpound;13m to take the mater forward. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration

Updated: 15 September 2022; Ref: scu.441246

Zinda v Bank of Scotland Plc: CA 23 Jun 2011

This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down the land. The appellant had fallen into arrears in the mortgage secured in favour of the respondent, and a standard form possession order made, requiring him to make the standard payments plus monthly sums to clear the arrears.
Held: The court discussed the provision of section 8 of the 1973 Act: ‘First, there is the jurisdictional gateway created by the requirement on the mortgagor to demonstrate that he is (section 36(1)) ‘likely to be able within a reasonable period to pay’ both (section 8(1)) the ‘amounts [he] would have expected to be required to pay if there had been no . . provision for earlier payment – in other words, the arrears of the instalments due to date – and (Section 8(2)) the ‘further amounts that he would have expected to be required to pay by then’ – in other words, the future instalments accruing during the reasonable period. The power of suspension exercisable by the court under Section 36 is conditional on it appearing to the court that in the event of the exercise of the power the mortgagor is likely to be able to pay the sums in question within a reasonable period. Absent such proof, the court has no jurisdiction to stay or suspend the Order for Possession.
Second, and assuming that the mortgagor surmounts the jurisdictional hurdle, the court is given a wide discretion under Sections 36(2) and (3). In particular, Section 36(3) permits the court, if it decides to stay or suspend a possession order, to attach such ‘conditions with regard to payment’ by the mortgagor of any sum secured by the mortgage as the court thinks fit. This power is not confined to the arrears of the instalments due to date or to the future instalments accruing during the reasonable period referred to in Section 36(1). It extends to ‘any’ sum secured by the mortgage including, for example, the totality of the future instalments accruing due throughout the remaining life of the mortgage.’

Judges:

Mummery, Munby LJJ, Hedley J

Citations:

[2011] EWCA Civ 706, [2011] BPIR 1802, [2011] HLR 40, [2011] 38 EG 106, [2011] 2 All ER (Comm) 839, [2011] 3 EGLR 61, [2012] 1 WLR 728, [2011] CP Rep 40, [2011] 26 EG 85

Links:

Bailii

Statutes:

Administration of Justice Act 1973 8

Jurisdiction:

England and Wales

Cited by:

Cited – Santander (UK) Plc v Parker CANI 16-Jun-2015
Appeal by Mr Parker against the judgment dismissing Mr Parker’s appeal against the Order of Master Bell refusing a stay on possession by Santander (UK) PLC of the appellant’s dwelling house.
Held: A promissory note was equivalent to cash, but . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 15 September 2022; Ref: scu.441239

Joujou and Others v Masri: CA 28 Jun 2011

The appellants appeared to have taken steps over some time to avoid satisfying very substantial court judgments against them. They now appealed against a receivership order made against two companies under their control.

Judges:

Arden, Toulson, Rimer LJJ

Citations:

[2011] EWCA Civ 746

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, Litigation Practice

Updated: 15 September 2022; Ref: scu.441235

Bleasdale and Another v Forster (596): ChD 16 Mar 2011

Order on application for leave to amend particulars of claim after strike out of claim for fraudulent misrepresentation.

Judges:

Henderson J

Citations:

[2011] EWHC 596 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Bleasdale and Another v Forster ChD 2-Mar-2011
The claimants sought damages alleging fraudulent misrepresentation and or breach of contract in inducing them to invest in the defendant’s company. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 September 2022; Ref: scu.430613

Kew v Bettamix Ltd and others: CA 14 Nov 2006

The defendant appealed a finding of negligence and the associated costs order.
Held: The claimant had obtained an order allowing an extension of the limitation period in order to pursue the claim. Whilst the substantial damages award should be left in place, but on the limitation issue, the claimant had failed in several respects, and the costs award should be adjusted to reflect that failure. Parties to litigation should choose carefully which points they wished to pursue, and costs awards can play a part in encouraging them so to do.

Judges:

Waller LJ VP, Leveson LJ

Citations:

Times 04-Dec-2006, [2006] EWCA Civ 1535, [2007] PIQR P16, [2007] 4 Costs LR 527

Links:

Bailii

Statutes:

Limitation Act 1980 11

Jurisdiction:

England and Wales

Personal Injury, Limitation, Litigation Practice

Updated: 14 September 2022; Ref: scu.246008

Rees v Sinclair: 1974

(New Zealand Court of Appeal) The court discussed the indemnity given to witnesses: ‘But I cannot narrow the protection to what is done in court: it must be wider than that and include some pre-trial work. Each piece of before-trial work should, however, be tested against the one rule; that the protection exists only where the particular work is so intimately connected with the conduct of the cause in court that it can fairly be said to be a preliminary decision affecting the way that cause is to be conducted when it comes to a hearing. The protection should not be given any wider application than is absolutely necessary in the interests of the administration of justice, and that is why I would not be prepared to include anything which does not come within the test I have stated.”
and ‘In the interests of the judicial process a witness should not be exposed to the risk of having his or her evidence challenged in another process.’

Judges:

Sir Thaddeus McCarthy, P

Citations:

[1974] 1 NZLR 180

Jurisdiction:

England and Wales

Citing:

Applied – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .

Cited by:

Cited – Meadow v General Medical Council Admn 17-Feb-2006
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder.
Held: The evidence though mistaken was . .
Cited – Janin Caribbean Construction Ltd v Wilkinson and Another PC 11-Oct-2016
(Grenada) . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 14 September 2022; Ref: scu.238566

Brighton and Hove City Council v Gill: CA 13 Jun 2001

Application for leave to appeal adjourned.

Judges:

Mance LJ

Citations:

[2001] EWCA Civ 1240

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Brighton and Hove City Council v Gill CA 9-Aug-2001
Application for leave to appeal against tenant’s possession order – arrears of rent. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 14 September 2022; Ref: scu.218226

Earls Terrace Properties Ltd v Nilsson Design Ltd: TCC 27 Feb 2004

The Insurance company sought enforcement of a Tomlin Order, and the defendant sought its setting aside for having been obtained by misrepresentation.

Judges:

His Honour Judge Thornton QC

Citations:

[2004] EWHC 136 (TCC), 94 Con LR 118, [2007] Lloyd’s Rep PN 28, [2004] BLR 273

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Torts – Other

Updated: 14 September 2022; Ref: scu.201842

Union Colliery Co of British Columbia Ltd v Bryden: 1899

The court discussed how to discover the ‘pith and substance’ of the measure that Parliament had enacted.

Citations:

[1899] AC 580

Jurisdiction:

England and Wales

Cited by:

Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 14 September 2022; Ref: scu.198544

In re Saunders (A Bankrupt): ChD 1997

Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical context, capable of bearing more than one meaning and the court should give effect to the meaning which best gave effect to the statutory purpose rather than frustrating it.

Judges:

Lindsay J

Citations:

[1997] Ch 60

Statutes:

Insolvency Act 1986 130(2) 285

Jurisdiction:

England and Wales

Citing:

Considered – Rendall v Blair 1890
Where a statute requires leave to commence proceedings to be granted, a failure to obtain such consent does not automatically render the proceedings a nullity.
Bowen LJ said: ‘this section is not framed in the way in which sections are framed . .

Cited by:

Cited – Seal v Chief Constable of South Wales Police CA 19-May-2005
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek . .
Cited – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
Cited – Adorian v The Commissioner of Police of the Metropolis CA 23-Jan-2009
The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed . .
Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insolvency

Updated: 14 September 2022; Ref: scu.226025

Spice Girls Ltd v Aprilla World Service BV (No 3): ChD 20 Jul 2000

After trials and hearings as to the facts, as to damages, and as to costs, and where the parties had previously been shown draft judgments, and been invited to comment, the applicants sought to appeal, on the grounds that losses which had been claimed, had not been suffered.
Held: The information had been known or available to the appellants and had not been raised when opportunities presented themselves. The suggested evidence did not suggest a real difference. The appeal was the wrong way to go about things and was denied.
Arden J said: ‘In my judgment, an appeal is not the appropriate course where there are errors in judgments which can be corrected by the court which conducted the trial. To leave such matters to an appeal means further delay, uncertainty and costs, which is not in the interests of litigants. The trial judge is in a strong position to consider the effect of the error in the context of the entire case.’ and ‘I do not wish to say anything against the usefulness of the reconsideration jurisdiction, within its proper limits. I have made use of it myself. . . There are of course cases where an error of fact or law may be too clear for argument. The best test of that is perhaps – but not necessarily – where the judge himself identifies the error which concerns him. In such a case, it is better that the error is corrected without imposing on the parties the need for an appeal.’

Judges:

Arden J

Citations:

Gazette 07-Sep-2000, Times 12-Sep-2000

Jurisdiction:

England and Wales

Citing:

See also – Spice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
See also – Spice Girls Ltd v Aprilla World Service BV ChD 5-Apr-2000
It was possible through conduct to make representations which could induce the other party to enter into a contract. Here the contract was entered into at a time when one of the group had decided to leave, but in the period before the contract had . .

Cited by:

Appeal from – Spice Girls Limited v Aprilia World Service Bv CA 24-Jan-2002
When considering the statutory right to rescind for innocent misrepresentation, the representation should be interpreted to bear the meaning in which it would reasonably be understood by the claimant, the natural and ordinary meaning which would be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.89455

Downes Manor Properties Ltd v Bank of Namibia and An: CA 18 Mar 1999

The choice of a lawyer outside the UK to provide services as part of litigation did not excuse the failure to comply with an unless order made by the court. Such orders are intended to be punitive. The use of lawyers outside the UK was not extenuating.

Citations:

Times 18-Mar-1999

Jurisdiction:

England and Wales

Cited by:

Cited – Reyes v Al-Malki and Another SC 18-Oct-2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.80110

Ricci v Chow: CA 1987

An application was made by the plaintiff for interrogatories which would have revealed the publisher of an allegedly defamatory letter.
Held: The interrogatories were disallowed. Under the Norwich Pharmacal jurisdiction the respondent was no more than someone who had the information in question and who had not in any way facilitated the perpetration of the alleged wrong. The court declined to extend the remedy in such a way as would cover the facts of the case, and it plainly emphasised the fact that the jurisdiction cannot be invoked against a ‘mere witness’. However the court said it might have been prepared to consider whether the principles underlying Norwich Pharmacal might have justified the extension of the jurisdiction to persons other than those falling within the actual formulation in Norwich Pharmacal:
‘Mr Browne’s formulation contains nothing in the nature of a principle. Nor does it point out any categorisation or definition of defendants against whom actions for discovery should be admissible beyond those covered by the tests referred to in Norwich Pharmacal. In effect, it is no more than a somewhat emotive statement of what the plaintiff feels the law should be on the particular facts of this case.
If Mr Browne’s submission involved in some basis of principle which is consistent, or at least not inconsistent, with Norwich Pharmacal, then its soundness would obviously have to be considered . . ‘

Citations:

[1987] 1 WLR 1658

Jurisdiction:

England and Wales

Cited by:

Cited – Various Claimants v News Group Newspapers Ltd and Others ChD 12-Jul-2013
The claimants sought disclosure by the police of information relating to the phone hacking activities said to have been conducted by journalists engaged by the first defendant newspaper. They were wanting to make claims against the respondent, but . .
Lists of cited by and citing cases may be incomplete.

Company, Litigation Practice

Updated: 13 September 2022; Ref: scu.645436

Sloutsker v Romanova: QBD 5 Mar 2015

The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now applied to set aside service of proceedings on her outside the jurisdiction.
As to CPR 23.11, Warby J said: ‘Where a party fails to appear at the hearing of an application the court may proceed in their absence: CPR 23.11. This is a power that must be exercised in accordance with the overriding objective. Ms Page properly referred me to authority making it clear that the court should be very careful before concluding that it is appropriate to proceed in the absence of a litigant in person who is seeking for the first time to adjourn a hearing: Fox v Graham Group Ltd (26 July 2001) (Neuberger J); SmithKline Beecham Ltd v GSKline Ltd [2011] EWHC 169 (Ch) (Arnold J), [6]. That is not the situation here, however. The defendant has not sought an adjournment . . Where a litigant fails to appear without giving a reason it is necessary to consider first whether they have had proper notice of the hearing date and the matters, including the evidence, to be considered at the hearing. If satisfied that such notice has been given, the court must examine the available evidence as to the reasons why the litigant has not appeared, to see if this provides a ground for adjourning the hearing.’
. . And ‘This rule enables the court to proceed on the basis of the claimant’s unchallenged particulars of claim. There is no need to adduce evidence or for findings of fact to be made in cases where the defendant has not disputed the claimant’s allegations. That in my judgment will normally be the right approach for the court to take. Examination of the merits will usually involve unnecessary expenditure of time and resources and hence [be] contrary to the overriding objective. It also runs the risk of needlessly complicating matters if an application is later made to set aside the default judgment . .’

Judges:

Warby J

Citations:

[2015] EWHC 545 (QB), [2015] 2 Costs LR 321

Links:

Bailii

Statutes:

Civil Procedure Rules 23.11(1)

Jurisdiction:

England and Wales

Citing:

See Also – Sloutsker v Romanova QBD 21-Jan-2015
The claimant complained that the defendant libelled him in four publications: a blog post written by her on the website of the Moscow-based radio station Echo Moscow. . .

Cited by:

Cited – Brett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com QBD 16-Sep-2015
The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by . .
See Also – Sloutsker v Romanova QBD 16-Jul-2015
Remedies after finding of defamation . .
Cited – Dhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Cited – Ahuja v Politika Novine I Magazini Doo and Others QBD 23-Nov-2015
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice, Costs

Updated: 13 September 2022; Ref: scu.543933

Brown and Others v InnovatorOne Plc and Others: ComC 28 Jul 2010

The claimants alleged breach of trust by the defendants in their promotion of an investment scheme which went on to fail. One defendant, a Swiss bank now sought a declaration that the court had no jurisdiction over it.
Held: The defendant’s application succeeded: ‘t has not been established that the claims sought to be made against MFC are so closely connected with the claims made against the other defendants in these proceedings that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. Accordingly, the requirements of Article 6(1) have not been shown to be satisfied and jurisdiction must be declined. ‘

Judges:

Hamblen J

Citations:

[2010] EWHC 2281 (Comm), [2011] ILPr 9

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Brown and Others v InnovatorOne Plc and Others ComC 19-Jun-2009
The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by . .

Cited by:

See Also – Brown and Others v InnovatorOne Plc and Others ComC 18-May-2012
The claimants had been advised to invest in a scheme promoted by the defendants with the assistance of their solicitors. On the failure of the scheme they now sought relief alleging inter alia, breach of trust.
Held: The claims failed. In . .
See Also – Brown and Others v Innovatorone Plc and Others CA 4-Dec-2012
The claimants appealed against rejection of their claims of breach of trust against the respndents and their solicitors in the promotion of investment semes which went on to fail. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 13 September 2022; Ref: scu.440447

Summers v Fairclough Homes Ltd: CA 7 Oct 2010

The claimant was said to have fraudulently exaggerated the damages associated with a valid personal injury claim. The defendant argued that the claim should be struck out entirely as a punishment.
Held: The defendant’s appeal failed. The Court was bound by clear authority. Since there were no conflicting decision, the case of Rickards could not be used to support permission to appeal to the Supreme Court.

Citations:

[2010] EWCA Civ 1300

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Arrow Nominees Inc and Another v Blackledge and Others CA 22-Jun-2000
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or . .
Cited – Rickards v Rickards CA 1990
The Court of Appeal considered the circumstances in which it could depart from its own earlier decisions under the residual principle. The court refused to follow a previous decision of the same court because, although the relevant House of Lords . .
Binding – Widlake v BAA Ltd CA 23-Nov-2009
The claimant had succeeded in her action for personal injuries, but now appealed against the awarding of costs to the defendant. The dispute had been substantialy as to the nature and effect of her injuries. She had not disclosed earlier injury to . .
Binding – Shah v Ul-Haq and Others CA 9-Jun-2009
The defendant appealed against a refusal to strike out the claimant’s action saying that the claimant had been involved in a fraud upon the court in an earlier associated claim.
Held: The Rule gave no power to strike out a claim on such a . .

Cited by:

Appeal from – Fairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.440321

JSC BTA Bank v Ablyazov and Others: ComC 10 May 2011

Second judgment concerning the Claimant’s application to dismiss the Defendants’ application to stay the Claimant’s actions on the grounds of abuse of process. The court was now asked whether it is arguable that the actions should be stayed on the grounds that they had been pursued for a collateral purpose and so were an abuse of the process of the court. The alleged collateral purpose was that the actions have been brought to assist the President of Kazakhstan in his scheme to eliminate Mr. Ablyazov as a political opponent.

Judges:

Teare J

Citations:

[2011] EWHC 1136 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mayor of Bradford v Pickles HL 29-Jul-1895
The plaintiffs sought an injunction to prevent the defendant interfering with the supply of water to the city. He would have done so entirely by actions on his own land.
Held: The plaintiffs could have no property in the water until it came on . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.440241

Zurich Insurance Company Plc v Hayward: CA 27 May 2011

The court was asked whether an action alleging that the settlement of an earlier personal injuries action was obtained by fraud should be struck out on the grounds that the issues are res judicata or that the action is an abuse of process because the defendant in that earlier action had alleged that the claimant was exaggerating his injuries for gain.
Held: The settlement gave rise to no estoppel of any kind. The action was not an abuse of process.
However, Moore-Bick LJ said: ‘If it is to succeed in its action Zurich will have to persuade the court that it was induced to agree to the settlement by fraud on the part of Mr. Hayward, a task that may not prove easy, given the fact that it already knew enough to justify the service of a defence in the terms indicated earlier.’

Judges:

Maurice Kay VP, Smith, Moore-Bick LJJ

Citations:

[2011] EWCA Civ 641, [2011] CP Rep 39

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Hayward v Zurich Insurance Company Plc CA 31-Mar-2015
The claimant sought damages alleging his back had been injured at work. The insurers accepted liability but said that the claimant had exaggerated the extent of his injury. The claim was settled, but later a neighbour of the claimants said that the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 13 September 2022; Ref: scu.440225

Thornton v Telegraph Media Group Ltd: QBD 27 May 2011

The defendant appealed against an order refusing trial by judge alone on the basis that the application had been made out of time.

Judges:

Tugendhat J

Citations:

[2011] EWHC 1376 (QB)

Links:

Bailii

Statutes:

Senior Courts Act 1981 69

Jurisdiction:

England and Wales

Citing:

See Also – Thornton v Telegraph Media Group Ltd QBD 16-Jun-2010
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of.
Held: The application for summary judgment succeeded. The . .
See Also – Thornton v Telegraph Media Group Ltd QBD 12-Nov-2009
The claimant sought damages for an article in the defendant’s newspaper, a review of her book which said she had falsely claimed to have interviewed artists including the review author and that the claimant allowed interviewees control over what was . .
See Also – Thornton v Telegraph Media Group Ltd CA 29-Mar-2010
. .
See Also – Thornton v Telegraph Media Group Ltd QBD 4-Feb-2011
The defendant sought permission to amend its defence to the claim in malicious falsehood. . .

Cited by:

See Also – Telegraph Media Group Ltd v Thornton CA 22-Jun-2011
. .
See Also – Thornton v Telegraph Media Group Ltd QBD 26-Jul-2011
The claimant alleged defamation and malicious falsehood in an article published and written by the defendants. She complained that she was said to have fabricated an interview with the second defendant for her book. An interview of sorts had now . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 13 September 2022; Ref: scu.440246

Congentra Ag v Sixteen Thirteen Marine Sa (‘the Nicholas M’): ComC 15 Jul 2008

Applications for dismissal of interim freezing order and for continuance. Order not set aside. The claim was for a freezing order to support a claim for recovery of damage to goods being transported. The court now considered an allegation that the order had been made on the basis of a misrepresentation of a telephone call. It had been said that threats had been made, but a recording had shown this to be untrue.

Judges:

Flaux J

Citations:

[2008] EWHC 1615 (Comm), [2008] 2 CLC 51, [2008] 2 Lloyd’s Rep 602, [2009] 1 All ER (Comm) 479

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Crawford v Jenkins CA 24-Jul-2014
The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were . .
Cited – Ahuja v Politika Novine I Magazini Doo and Others QBD 23-Nov-2015
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 13 September 2022; Ref: scu.270815

Olafsson v Gissurarson: QBD 8 Dec 2006

Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in Iceland.
Held: The appeal was allowed. Rule 3.10 could not be used to validate retrospectively the service of the claim form and therefore judgment in default was set aside.

Judges:

Justice Mackay

Citations:

Times 22-Dec-2006, [2006] EWHC 3162 (QB), [2007] 2 All ER 88

Links:

Bailii

Statutes:

Civil Procedure Rules 3.10 6.9

Jurisdiction:

England and Wales

Cited by:

See Also – Olafsson v Gissurarson (No 2) CA 3-Mar-2008
The defendant appealed against an order that service of the claim form could be dispensed with.
Sir Anthony Clarke MR said: ‘the whole purpose of service is to inform the defendant of the contents of the claim form and the nature of the . .
See Also – Olafsson v Gissurarson (No 2) QBD 20-Dec-2006
. .
See Also – Olafsson v Foreign and Commonwealth Office QBD 22-Oct-2009
The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred.
Held: The Claimant had not acted unreasonably . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.247703

Raja v Van Hoogstraten and others: ChD 12 Jun 2006

The claimant sought the strike out of the defendants pleadings. The first defendant was found to have been responsible for the killing of the deceased. The proceedings had been prolonged by procedural challenges by the defendant.
Held: The defendants by their refusals to co-operate with the court had deprived themselves of the right to defend the action, and the defence was struck out.

Judges:

Lightman J

Citations:

[2006] EWHC 1315 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ashingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
Cited – Ebert v Venvill (Trustee In Bankruptcy); Woolf; Midland Bank Plc and Rabinowicz (a Solicitor) CA 5-Jul-1999
The court refused leave to appeal from the High Court. It would be absurd if, when an order was made restricting commencement of proceedings by a vexatious litigant, that the High Court should not have power to restrain by the same order also . .
Cited – Asiansky Television Plc and Another v Bayer-Rosin CA 19-Nov-2001
The court considered the circumstancs allowing a striking out.
Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly . .
Cited – Arrow Nominees Inc, Blackledge v Blackledge ChD 2-Nov-1999
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which . .
Cited – Sellick and Sellick, Regina v CACD 14-Mar-2005
The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 September 2022; Ref: scu.242441

Zambia, Attorney General v Meer Care and Desai (A Firm) and others: ChD 22 May 2006

Judges:

Peter Smith J

Citations:

[2006] EWHC 1179 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Zambia v Meer Care and Desai (A Firm) and others CA 7-Mar-2006
The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated. . .
See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005
Reasons for dismissal of stay for certain defendants. . .

Cited by:

See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others (No. 2) ChD 29-Jun-2007
. .
See Also – Zambia v Meer Care and others (1415) CA 17-Dec-2007
. .
See Also – Zambia v Meer Care and others (1414) CA 17-Dec-2007
Two applications for permission to appeal . .
See Also – 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 . .
See Also – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 September 2022; Ref: scu.242153

Ainsbury v Millington (Note): HL 1987

There had been a dispute between the parties as to a council house tenancy, but by the time it came before the House, the tenancy had ceased to exist, and the action was academic.
Held: Once the parties have settled their dispute there remains no context for a court to settle any outstanding questions of law. Different considerations might arise in relation to what were called ‘friendly actions’ and conceivably in relation to proceedings instituted specially as a test case: ‘In the instant case neither party can have any interest at all in the outcome of the appeal. Their joint tenancy of property which was the subject matter of the dispute no longer exists. Thus, even if the House thought that the judge and the Court of Appeal had been wrong to decline jurisdiction, there would be no order which could now be made to give effect to that view. It has always been a fundamental feature of our judicial system that the courts decide disputes between the parties before them; they do not pronounce on abstract questions of law when there is no dispute to be resolved. Different considerations may arise in relation to what are called ‘friendly actions’ and conceivably in relation to proceedings instituted specifically as a test case. The instant case does not fall within either of those categories. Again litigation may sometimes be properly continued for the sole purpose of resolving an issue as to costs when all other matters in dispute have been resolved.’

Judges:

Lord Bridge of Harwich

Citations:

[1987] 1 WLR 379

Jurisdiction:

England and Wales

Cited by:

Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Cited – Harb v King Fahd Bin Abdul Aziz and Another CA 9-Nov-2005
The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death . .
Cited – Foulser and Another v HM Inspector of Taxes ChD 20-Dec-2005
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief.
Held: The scheme failed. The restriction imposed did not infringe the right of . .
Cited – Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and Another HL 15-Feb-2006
Licensees appealed against the grant of judicial review of decisions granting special removal of old on-licences for premises. The grant had been challenged on the basis that the magistrates had had no jurisdiction to make the award because the . .
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 September 2022; Ref: scu.223322

Crick and Another v Brown: PC 30 Nov 2020

(From the Court of Appeal of the Republic of Trinidad and Tobago) The consequences which a court in Trinidad and Tobago operating under the Civil Procedure Rules in that jurisdiction may impose where a party fails to file a written skeleton argument in proper time in accordance with case management directions set by the court.

Citations:

[2020] UKPC 32

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 12 September 2022; Ref: scu.659459

Savino v Oates: CA 18 Jun 1997

The applicant had employed the defendant. He paid them in cash, and they were also paid by the Legal Aid Board. The defendant counter-claimed for other unpaid fees. The district judge had, as arbitrator, found for the defendant.
Held: despite misgivings, the issues were ones of fact on which the appeal court could not rule.

Judges:

Lord Justice Auld Lord Justice Pill

Citations:

[1997] EWCA Civ 1895

Statutes:

County Court Rules 1981 Order 19, rule 9

Jurisdiction:

England and Wales

Contract, Litigation Practice

Updated: 12 September 2022; Ref: scu.142291

Attorney General of The Turks and Caicos Islands v Misick and Others: PC 13 Nov 2020

(From the Court of Appeal of the Turks and Caicos Islands) Lawfulness of subsidiary legislation made under emergency powers by the Governor of the Turks and Caicos Islands, during the coronavirus pandemic to enable court sittings to be carried out remotely, with the judge located outside the TCI. It also concerns the fairness of allowing a part heard criminal trial to continue in this manner.

Judges:

Lady Black, Lord Lloyd-Jones, Lord Briggs, Lord Hamblen, Lord Stephens

Citations:

[2020] UKPC 30

Links:

Bailii, Bailii Summary

Jurisdiction:

England and Wales

Litigation Practice, Criminal Practice

Updated: 12 September 2022; Ref: scu.659458

Sharp and Others v Blank and Others: ChD 22 Jul 2015

First CMC

Judges:

Nugee J

Citations:

[2015] EWHC 2681 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Sharp and Others v Blank and Others ChD 23-Jul-2015
Application for costs budgeting system to be applied . .
See Also – Sharp and Others v Blank and Others (2) ChD 12-Nov-2015
Last in series of judgments on application for summary judgment on claims alleging breaches of fiduciary and tortious duties owed by the Defendant directors to the Claimants as shareholders in Lloyds plc. . .
See Also – Sharp and Others v Blank and Others (1) ChD 12-Nov-2015
‘This judgment concerns one particular aspect of the hearing which is the Defendants’ application for summary judgment on what has been referred to as the LIBOR allegation.’ . .
See Also – Sharp and Others v Blank and Others ChD 12-Apr-2016
. .
See Also – Sharp and Others v Blank and Others ChD 27-Jan-2017
. .
See Also – Sharp and Others v Blank and Others ChD 30-Jan-2017
. .
See Also – Sharp v Blank and Others ChD 21-Dec-2017
Application for approval of revised costs budget. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 September 2022; Ref: scu.592588

Noble Denton Middle East and Another v Noble Denton International Ltd: ComC 7 May 2010

Application to set aside order for the service of an arbitration claim form on the applicant/Defendant’s solicitors, rather than making an order for service out of the jurisdiction.

Judges:

Burton J

Citations:

[2010] EWHC 2574 (Comm), [2011] 1 Lloyd’s Rep 387

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction, Litigation Practice

Updated: 11 September 2022; Ref: scu.427217

JSC BTA Bank v Ablyazov and Others (Rev 1): ComC 24 Aug 2010

Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided.

Judges:

Christopher Clarke J

Citations:

[2010] EWHC 2352 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – JSC BTA Bank v Granton Trade Ltd and Others ComC 19-Oct-2010
. .
Cited – Derby and Co Ltd v Weldon (Nos 3 and 4) CA 1990
The plaintiff had obtained an asset freezing order against a defendant Panamanian Company, which now appealed saying that it was inappropriate to make such an order where the company had no assets in the jurisdiction.
Held: The appeal failed. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
Appeal against disclosure orders made in support of freezing order. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 12-Nov-2009
The claimant sought continuation of a freezing order in a claim brought against senior officers of the company. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 11-Dec-2009
Applications to correct suggested error in earlier order for stay. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 28-Jan-2010
The claimant sought a order that information released to it under court order could be used for additional purposes beyond those allowed. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 17-Mar-2010
Application by Claimant to set aside an order obtained ex parte so as to ensure that the hearing of an application issued by the Claimant for a receiver to be appointed in respect of the First Defendant’s assets be in private, that the public should . .
See Also – JSC BTA Bank v Ablyazov ComC 16-Jul-2010
The former bank in Kazakhstan had been nationalised to prevent its liquidation, and now sought recovery of sums said to have been taken by its former chairman: ‘The Court has to determine three applications. The first is an application by the Bank . .
See Also – JSC BTA Bank v Ablyazov and Others QBD 24-Aug-2010
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’. . .

Cited by:

See Also – JSC BTA Bank v A CA 19-Oct-2010
The court heard an appeal in private, against the order of Teare J imposing a receivership on the assets of Mr A pending the trial of claims made against him for misappropriations allegedly made by him while he was chairman of the claimant bank in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 11 September 2022; Ref: scu.425344

Mediterranea Reffineria Siciliana Petroli SpA v Mabanaft GmbH: CA 2 Jan 1978

The plaintiff sought orders to assist it in tracing the product of a cargo of oil, delivery of which was alleged to have been obtained from the plaintiff without the production of bills of lading, Mr. Justice Mocatta had made a sweeping order requiring directors and an employee of the defendant company to make full disclosure of certain specified facts on affidavits and directed that one of them should file an affidavit of documents. The defendant appealed.
Held: The appeal failed. Templeman LJ said: ‘A court of equity has never hesitated to use the strongest power to protect and preserve a trust fund in interlocutory proceedings on the basis that, if the trust fund disappears by the time the action comes to trial, equity will have been invoked in vain.’

Judges:

Templeman LJ

Citations:

Court of Appeal transcript 816

Jurisdiction:

England and Wales

Cited by:

Cited – A v C (Note) ChD 1980
The plaintiffs said the first defendant had defrauded them of substantial sums, and implicated other defendants. They claimed against five defendants variously for conspiracy to defraud and deceit and for breach of warranty. They also sought to . .
Cited – A J Bekhor and Co Ltd v Bilton CA 6-Feb-1981
The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Equity

Updated: 11 September 2022; Ref: scu.416375

Red River and Another v Sheikh and Another: ChD 21 May 2008

Judges:

Henderson J

Citations:

[2008] EWHC 1380 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Red River UK Ltd and Another v Sheikh and Another ChD 15-Nov-2007
Applications for an order requiring actions to give effect to earlier judgments . .
See Also – Red River UK Ltd and Another v Sheikh and Another ChD 25-Apr-2008
. .

Cited by:

See also – Red River UK Ltd v Sheikh and Another CA 15-Dec-2008
. .
See Also – Red River (UK) Ltd and Another v Sheikh and Another ChD 9-Mar-2009
. .
See Also – Red River (UK) Ltd and Another v Sheikh and Another CA 28-Apr-2009
The parties had compromised their litigation reaching a settlement, but had not adequately informed the court. The one remaining issue had been conceded.
Held: The appeal against the costs award failed. The court should have been forewarned of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract

Updated: 11 September 2022; Ref: scu.270215

Luxim Corp v Ceravision Ltd: ChD 9 Jul 2007

Appeal against refusal of request that the United Kingdom Intellectual Property Office should decline to deal with entitlement proceedings brought by Luxim in favour of the High Court.

Judges:

Warren J

Citations:

[2007] EWHC 1624 (Ch)

Links:

Bailii

Statutes:

Patents Act 1997 12(2)

Jurisdiction:

England and Wales

Intellectual Property, Litigation Practice

Updated: 11 September 2022; Ref: scu.254513

Pepin v Taylor: CA 16 Aug 2002

Application for permission to appeal against order made on case management hearing. The case related to defamation alleged to have taken place in an Internet Usenet group. The judge had made findings which the claimant, and this court found were not justified on the facts before it, and a substantial point of law may be at stake. Leave granted.

Citations:

[2002] EWCA Civ 1245

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Defamation

Updated: 11 September 2022; Ref: scu.217533

In re United Railways of Havana and Regla Warehouses Ltd; Tomkinson v First Pennsylvania Banking and Trust Co: HL 1960

A sum was held to be due from that company in US dollars under a lease and another agreement which were both governed by the law of Pennsylvania.
Held: The sum provable in the liquidation of the company was to be converted at the rates of exchange prevailing at the respective dates when the several sums arising by the company to the creditor fell due and payable. Although the substantive debt was a US dollar debt, English procedural law dictated (a) that it must be converted into English pounds for the purposes of converting it into a debt provable in an English liquidation and (b) the date at which each debt should be converted into English currency.
Lord Denning said: ‘if there is one thing clear in our law, it is that the claim must be made in sterling and the judgment given in sterling’

Judges:

Lord Denning

Citations:

[1961] AC 1007, [1960] 2 WLR 969, [1960] 2 All ER 332

Jurisdiction:

England and Wales

Citing:

Appeal from – In re United Railways of the Havana v Regla Warehouses Ltd CA 1960
There had been a financing transaction by way of a lease by a Pennsylvania corporation, as trustee for foreign bondholders, to an English company carrying on business in Cuba, of assets in Cuba. By a Cuban decree the assets were transferred to the . .

Cited by:

Cited – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
Not followed – Miliangos v George Frank (Textiles) Ltd HL 1975
The issue was whether an English court was able to award damages in Sterling only.
Held: The House distinguished clearly between the substance of the debtor’s obligations and the effect of English procedural law when a debt in a foreign . .
Cited – Gomez and others v Vives CA 3-Oct-2008
The claimant appealed a finding that the court did not have jurisdiction over income payable to a trust governed by English law under which the claimant was beneficiary.
Held: The appeal failed in part. Because Article 5 is in derogation from . .
Cited – Global Distressed Alpha Fund 1 Ltd Partnership v Pt Bakrie Investindo ComC 17-Feb-2011
Action on an instrument of guarantee.
Held: judgment for the Claimant in respect of the principal sum of US$2m. and such interest payments as were due. . .
Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 11 September 2022; Ref: scu.185174

Halls and An v O’Dell and Others: CA 15 Jan 1992

No special striking out considerations applied and the discretion given within Order 28 proceedings are to be applied as elsewhere. Here there was no limitation period expired or other substantial prejudice, and the striking out was incorrect.

Citations:

Gazette 15-Jan-1992

Jurisdiction:

England and Wales

Litigation Practice

Updated: 11 September 2022; Ref: scu.81179

Hammond (A Firm) v Pro-Fit USA Ltd: ChD 28 Jun 2007

Application for disclosure of documents.

Citations:

[2007] EWHC 2941 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Hammonds (A Firm) v Pro-Fit USA Ltd ChD 17-Aug-2007
The claimant solicitors sought the winding up of its defendant company client for non-payment of fees including fees not yet delivered. The court refused to hold that the practices developed in relation to winding up should be imported into . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 10 September 2022; Ref: scu.262951

Expandable Ltd and others v Rubin: ChD 24 Jul 2007

The claimants sought disclosure of a letter written by the defendant’s solicitor to his client, saying that it had been referred to in a statement.
Held: They were not entitled to the letter. It was protected by legal privilege, and the mention of it was not a waiver of that privilege.

Judges:

Patten J

Citations:

[2007] EWHC 2463 (Ch), [2009] BCC 443

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Expandable Ltd and Another v Rubin CA 11-Feb-2008
The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure.
Held: The appeal failed. The letter was protected by legal professional . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 10 September 2022; Ref: scu.260337

Blue v Ashley: ComC 26 Jun 2017

A newspaper sought disclosure of witness statements and other papers lodged at the court in the course of proceedings but not yet used in court.
Held: The application was refused.
Leggatt J said: ‘When a witness statement forms part of the evidence given at a trial, the principle of open justice requires that a member of the public or press who wishes to do so should be able to read the statement – in just the same way as they would have been entitled to hear the evidence if it had been given orally at a public hearing in court. That is the rationale for the right of a member of the public under CPR 32.13 to inspect a witness statement once it stands as evidence in chief during the trial, unless the court otherwise directs. But there is no corresponding right or reason why a member of the public or press should be entitled to obtain copies of witness statements before they have become evidence in the case. Conducting cases openly and publicly does not require this. Nor is it necessary to enable the public to understand and scrutinise the justice system. The advance notice that a witness statement provides of what evidence its maker, if called as a witness, will give is provided for the benefit of opposing parties (for the reasons I have indicated), not the public. The trial is an event which must (save in exceptional circumstances) be conducted in public so that justice can be seen to be done. But preparations by the parties for the trial for the most part are not, and do not need to be, public.’

Judges:

Leggatt J

Citations:

[2017] EWHC 1553 (Comm), [2017] WLR(D) 424, [2017] 1 WLR 3630, [2017] EMLR 27

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

See Also – Blue v Ashley (Judgment) ComC 26-Jul-2017
The parties disputed the existence of an oral agreement by a businessman to pay a sum of millions of pounds in certain circumstances to a business acquaintance with whom he was then drinking in a public house.
Held: The claim failed: ‘no . .
Cited – Kogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media

Updated: 10 September 2022; Ref: scu.588922

Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London: Admn 27 Jun 2013

The coroner was to hold an inquest into the death of Alexander Litvinenko, a prominent Russian exile. The Secretary of State issued a public interest immunity certificate in respect of several documents sought for the inquest, which, in part, the Coroner rejected. The court considered the possibility that a Properly Interested Person should be allowed as interested parties, and whether any proceedings, or part of them might not be held openly.
Held: It was at the court’s discretion within the rules to decide whether a person should be joined as an interested third party in judicial review proceedings. That someone had been accepted as a properly interested person by the Coroner, that does not mean that he need be such on a judicial review.

Judges:

Goldring, Treacy LJJ, Mitting J

Citations:

[2013] EWHC 1786 (Admin), [2013] WLR(D) 261

Links:

Bailii, WLRD, Gazette

Statutes:

Coroners Rules 1984

Jurisdiction:

England and Wales

Citing:

Cited – Regina v South London Coroner ex parte Thompson 8-Jul-1982
The court discussed the function of the coroner and his inquest.
Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise . .
Cited – Regina on the application of Ahmed v HM Coroner South and East Cumbria 2009
Irwin J considered the wide discretion given to Coroners: ‘There is no hard and fast obligation on the part of the Coroner to disclose any witness statements or material: it is a matter of the exercise of discretion.’ . .

Cited by:

See Also – Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London Admn 27-Nov-2013
The SS had claimed public interest immunity (PII) in respect of several documents requested for an inquest into the death of Alexander Litvinenko, a prominent Russian exile. The coroner had rejected the claim for several, and the SS now appealed. . .
Lists of cited by and citing cases may be incomplete.

Coroners, Litigation Practice, Judicial Review

Updated: 10 September 2022; Ref: scu.511224

C and Another v Birmingham and Solihull Mental Health NHS Trust and Another: CA 8 May 2013

The court was asked ‘whether a patient detained under the Mental Health Act 1983 may challenge a decision by the First-tier Tribunal to refuse to make an extra-statutory recommendation as to his future care or treatment.’

Judges:

Laws, Rimer, Beatson LJJ

Citations:

[2013] EWCA Civ 701, [2013] AACR 1

Links:

Bailii

Statutes:

Mental Health Act 1983

Jurisdiction:

England and Wales

Health, Litigation Practice

Updated: 10 September 2022; Ref: scu.510906

Franses v Al Assad and others: ChD 26 Oct 2007

The claimant had obtained a freezing order over the proceeds of sale of a property held by solicitors. The claimant was liquidator of a company, and an allegation of wrongful trading had been made against the sole director and defendant. The defendant argued that information now used before the court could only have been obtained by means of a fraudulent pretext call.
Held: It must have been obvious to the claimants that the freezing order could not be maintained. His interests under the trusts were entirely discretionary, and he had no assets within the jurisdiction.
Indemnity costs were now sought against the liquidator. There was no sufficient reason for the application to have been made ex parte by telephone. The claimants had known of the imminence of the sale, and should have been able to give at least informal notice to the defendants and to have applied on paper if necessary over the weekend. Had the application been made both on paper and on notice, the defendant would have been able to satisfy the court of the propriety of the trust, and an order would not have been made.
Costs should be awarded against the liquidator, but only as a set-off against the debt claimed. A full order should not be refused since the errors had been innocent.

Judges:

Henderson J

Citations:

[2007] EWHC 2442 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Fourie v Le Roux and others HL 24-Jan-2007
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for . .
Cited – The Niedersachsen ChD 1983
In order to obtain, or to enlarge a freezing order, the applicant must show that in considering the evidence as a whole he has, at a minimum, a ‘good arguable case’, and also the existence of a real risk of dissipation or secretion of assets. . .
Cited – Derby and Co Ltd v Weldon CA 2-Jan-1989
The plaintiff sought damages for breach of contract, for negligence, breach of fiduciary duty and deceit and conspiracy. It sought a world-wide injunction.
Held: A freezing order (Mareva injunction) can be made in respect of assets which were . .
Cited – Thane Investments Ltd and others v Tomlinson and others CA 29-Jul-2003
Peter Gibson LJ emphasised that in freezing order applications, ‘it is important that there should be solid evidence adduced to the Court of the likelihood of dissipation.’ He went on to say that it was not enough merely to point to some dishonesty . .
Cited – In re First Express Ltd ChD 1991
A liquidator applied to discharge an order that had been made against him ex parte under section 234 requiring him to hand over books and records of the company in his possession to administrative receivers.
Held: Hoffman J said: ‘It was wrong . .
Cited – Vadim Schmidt v Rosewood Trust Limited PC 27-Mar-2003
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary.
Held: Times had moved on, and trust documents had . .
Cited – Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA HL 1979
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed . .
Cited – Memory Corporation v Sidhu (No 2) CA 3-Dec-1999
Where a party applied to court for an ex parte order, counsel had direct duties to the court, and also the supporting legal team and clients had continuing and overlapping duties. There was little to be gained by trying to analyze these things too . .
Cited – In re DPR Futures Ltd 1989
A liquidator’s cross-undertaking in damages may be limited to the net proceeds of the liquidation where he has no significant assets under his control apart from the unsatisfied judgment debt. . .
Cited – Mercantile Group (Europe) Ag v Aiyela and Others CA 4-Aug-1993
Interlocutory injunctions including Mareva procedures and orders are available to support the enforcement of a judgment. The purpose of such a jurisdiction is so that the court can ‘ensure the effective enforcement of its orders’. A court may still . .
Cited – TSB Private Bank International SA v Chabra ChD 1992
Asset freezing orders may be made against persons in relation to whom the claimant asserts no cause of action and seeks no money judgment, but in relation to whom there is an arguable case that assets held in their name or under their control are in . .
Cited – Lockley v National Blood Transfusion Service CA 1992
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the . .
Cited – Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm) CA 12-Jun-2002
The court was asked as to when it is appropriate to order costs on an indemnity basis. Waller LJ said: ‘The question will always be: is there something in the conduct of the action or the circumstances of the case which takes the case out of the . .
Cited – Brink’s Mat Ltd v Elcombe CA 1988
An interim injunction had been obtained but on a flawed basis. A more limited injunction was now sought.
Held: Balcombe LJ set out the principles to be applied: ‘The rule that an ex parte injunction will be discharged if it was obtained . .
Cited – Behbehani v Salem CA 1989
It was undesirable to apply hard and fast rules when considering the replacement of an interim injunction obtained wrongfully (even if the nondisclosure was based on legal advice) by a full injunction. Woolf LJ said however that: ‘In deciding in a . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 September 2022; Ref: scu.260072