The claimant sought an order saying that his counsel had discarded confidential documents which were retrieved from his dustbin by a Mr Pell who then sold them to his opponent who had used them to obtain an unfair advantage.
Lord Phillips MR said of Ladd v Marshall: ‘These principles have been followed by the Court of Appeal for nearly half a century and are in no way in conflict with the overriding objective. In particular it will not normally be in the interests of justice to reopen a concluded trial in order to introduce fresh evidence unless that evidence will probably influence the result.
Often the fresh evidence relied upon demonstrates that perjured evidence was given at the trial. In such circumstances, provided that the requirements of Ladd v Marshall are satisfied, the practice of the Court of Appeal has been to order a new trial without resolving the issue of whether the alleged fraud in fact occurred.’

Judges:

Lord Phillips MR, Sedley and Hale LJJ

Citations:

[2000] EWCA Civ 3012, [2001] EMLR 15

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Cited by:

Cited – Owens v Noble CA 10-Mar-2010
The respondent had been awarded substantial damages after an accident for which the appellant was responsible. The appellant now said that the claimant had exaggerated his injuries and misled the judge. The defendant argued that the correct approach . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 19 July 2022; Ref: scu.276317

‘I have before me two applications by the first, third and fourth defendants. The first is for fortification of a cross undertaking given by the claimant upon the obtaining of a without notice freezing order which continues at present, and the second is for the provision of further information under Part 18 of the CPR.’

Judges:

Briggs QC

Citations:

[2005] EWHC 2471 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 19 July 2022; Ref: scu.441701

Citations:

[2008] EWHC 1031 (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 . .

Cited by:

See Also – Red River and Another v Sheikh and Another ChD 21-May-2008
. .
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

Updated: 18 July 2022; Ref: scu.270214

The court ordered the transfer of a claim for possession to the county court even though the county court itself had no original power to hear such a claim.

Judges:

David Richards J

Citations:

[2008] EWHC 280 (Ch), Times 14-Apr-2008, [2008] Ch 385, [2008] NPC 22, [2008] 2 P and CR 9, [2008] CP Rep 23, [2008] 2 WLR 1279

Links:

Bailii

Statutes:

County Courts Act 1984 40(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Lexi Holdings v Pooni and Another ChD 21-Apr-2008
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.264636

The defendant sought to set aside an order appointing a receiver of a charging order over the defendant’s property.

Judges:

Peter Smith J

Citations:

[2004] EWHC 1697 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.263709

Appeal from refusal of summary judgment in favour of solicitors claiming costs.

Citations:

[2006] EWHC 1357 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.242714

Whilst accepting that a man may not be tried again for the same offence if he was in jeopardy on the first trial ‘in considering whether he was in jeopardy, one of the factors is whether the acquittal was on the merits, by verdict at the trial or, in summary cases, by dismissal on the merits.’

Judges:

Dillon LJ

Citations:

[1983] 1 WLR 1401

Jurisdiction:

England and Wales

Citing:

Dissenting judgment approved – Haynes v Davis 1915
The court was asked as to the meaning of a person being in peril. Lush J (dissenting) set out three requirements for a person to be in peril – (1) the court was competent to try him for the offence (2) the trial was on a good indictment on which a . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.235921

Restored application by the applicant for permission to appeal

Citations:

[2001] EWCA Civ 392

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.200948

Members of the defendant company had approved in general meeting, of an acquisition of the assets of another company in which its directors were substantially interested. The shareholders’ approval was given on the basis of a circular. The action was commenced against the directors by the Prudential as a minority shareholders’ action alleging that the circular was tricky and misleading. It sought damages for conspiracy.
Held: Vinelott J said: ‘These cases, in my judgment, establish two propositions. First, no order will be made in favour of a representative plaintiff if the order might in any circumstances have the effect of conferring on a member of the class represented a right which he could not have claimed in a separate action or of barring a defence which the defendant could have raised in such proceedings. Secondly, no order will be made in favour of a representative plaintiff unless there is some element common to the claims of all members of the class which he purports to represent.’
He also said:’The second condition is that there must be an ‘interest’ shared by all members of the class. In relation to a representative action in which it is claimed that every member of the class has a separate cause of action in tort, this condition requires, as I see it, that there must be a common ingredient in the cause of action of each member of the class. In the present case that requirement is clearly satisfied.’ and
‘As drafted the order which the plaintiff seeks in its representative capacity is for a declaration that the plaintiff in its personal capacity as a shareholder in Newman Industries and on behalf of itself and all other shareholders in Newman Industries who like the plaintiff have suffered damage is entitled to damages against the defendants, Bartlett and Laughton, for conspiracy. The practical effect of such a declaration would, it seems to me, be no greater and no less than the effect of declarations, first, that the circular was tricky and misleading; secondly, that the individual defendants conspired to procure its circulation in order to procure the passing of the relevant resolution; and thirdly, that in so doing they conspired either to injure the plaintiff and the other shareholders at that date or to commit an unlawful act, or to induce a breach by the first defendant company of its contractual duty to the shareholders. It would, I think, be better that those declarations, which constitute the common element of any claim by any member of the class for damages for conspiracy, should be so spelt out. Further, I can see no reason for defining the class of shareholders of the first defendant company at July 29, 1975, as being those ‘who like the plaintiff have suffered damage and are entitled to damages.’ The words I have cited appear to me to be unnecessary and undesirable. The members of the class who share a common interest in obtaining the declarations I have outlined are shareholders other than the second and fourth defendants as at July 29. A person coming within that class will be entitled to rely on the declarations as res judicata, but will still have to establish damage in a separate action.’

Judges:

Vinelott J

Citations:

[1979] 3 All ER 838, [1981] Ch 29

Jurisdiction:

England and Wales

Cited by:

Distinguished – EMI Records v Riley ChD 1981
The defendant to an action for an injunction by the plaintiff on behalf of the British Phonographic Industry Copyright Society, said that the company did not properly represent the members of the Society.
Held: It could be inferred that all . .
See Also – Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) CA 1982
A plaintiff shareholder cannot recover damages merely because the company in which he has an interest has suffered damage. He cannot recover a sum equal to the diminution in the market value of his shares, or equal to the likely diminution in . .
Cited – Emerald Supplies Ltd and Another v British Airways Plc ChD 8-Apr-2009
The claim was for damages after alleged price fixing by the defendants. The claimants sought to recover for themselves and as representatives of others who had similarly suffered. The defendants sought that the representative element of the claim be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.195020

The court considered the effect of non-compliance with the following order: ‘Unless the Defendants do serve within 14 days the Further and Better particulars of the Points of Defence . . the Points of Defence be struck out, and the Plaintiffs be at liberty to enter judgment against the Defendants for damages to be assessed.’
Held: ‘in the present case the learned judge was right to hold that a judgment founded on this order had to be set aside as of right. I do not think that the wording of O. 2 has any bearing on that proposition. So far there is no fully reported judgment on this topic, and we have been told . . that there are very many ‘unless orders’ which are made in this form. They are, on the authorities which I have cited, bad. When one looks at O.42, r.2, par 1, it is obvious that the first requirement is that the order must state the period within which the order is to be obeyed starting with the date of service. One can see that the object of that is that an ‘unless’ order enabling the party obtaining it to sign judgment in default is so grave a matter that one would expect the rules to provide that the time should not run until the party against whom it was made has been made aware of the order. ‘

Judges:

O’Connor, Neill LJJ

Citations:

[1986] 2 Lloyd’s Law Report 574

Jurisdiction:

England and Wales

Citing:

Cited – White v Weston CA 1968
A county court summons was purportedly served on the defendant at a previous address and he did not receive it.
Held: The court treated the case as one in which the defendant had not been duly served with process. Judgment was given against . .

Cited by:

Cited – Frederic J Whyte and Partners (a Firm) v IAF Properties Limited CA 5-Nov-1996
The plaintiff had failed to comply with an ‘unless’ order.
Held: It was a clear requirement that the party should be known to have been aware of the content of an unless order. The order as drafted was fatally irregular and should be set . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.194979

A county court summons was purportedly served on the defendant at a previous address and he did not receive it.
Held: The court treated the case as one in which the defendant had not been duly served with process. Judgment was given against him without his having any knowledge of the proceedings. He was entitled to have the judgment set aside as of right, ex debito justitiae, on the basis that the defect was so fundamental as to entitle the defendant to have the judgment set aside.

Judges:

Russell and Sachs LJJ

Citations:

[1968] 2 QB 647, [1968] 2 All ER 842, [1968] 2 WLR 1459

Jurisdiction:

England and Wales

Cited by:

Cited – London Borough of Hackney v Driscoll CA 16-Jul-2003
The defendant sought to set aside judgment entered in his absence.
Held: The right of a defendant to have set aside a judgment where he had not known of the proceedings did not necessarily apply where, as here, he had attended one hearing, but . .
Cited – Hitachi Sales UK Limited v Matsui Osk Lines Ltd CA 1986
The court considered the effect of non-compliance with the following order: ‘Unless the Defendants do serve within 14 days the Further and Better particulars of the Points of Defence . . the Points of Defence be struck out, and the Plaintiffs be at . .
Cited – Frederic J Whyte and Partners (a Firm) v IAF Properties Limited CA 5-Nov-1996
The plaintiff had failed to comply with an ‘unless’ order.
Held: It was a clear requirement that the party should be known to have been aware of the content of an unless order. The order as drafted was fatally irregular and should be set . .
Cited – Nelson and Another v Clearsprings (Management) Ltd CA 22-Sep-2006
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.185816

Judges:

Lady Justice Andrews

Citations:

[2021] EWCA Civ 42

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.657295

The plaintiff had failed to comply with an ‘unless’ order.
Held: It was a clear requirement that the party should be known to have been aware of the content of an unless order. The order as drafted was fatally irregular and should be set aside.

Citations:

[1996] EWCA Civ 881

Jurisdiction:

England and Wales

Citing:

Cited – Hitachi Sales UK Limited v Matsui Osk Lines Ltd CA 1986
The court considered the effect of non-compliance with the following order: ‘Unless the Defendants do serve within 14 days the Further and Better particulars of the Points of Defence . . the Points of Defence be struck out, and the Plaintiffs be at . .
Cited – White v Weston CA 1968
A county court summons was purportedly served on the defendant at a previous address and he did not receive it.
Held: The court treated the case as one in which the defendant had not been duly served with process. Judgment was given against . .
Cited – Practice Note CA 1986
The Court of Appeal emphasised that an order that prescribes unpleasant consequences unless a particular act is done is an order that ‘requires a person to do an act’ within the meaning of RSC Ord. 42,r.2.
(2) Rule 2(1) requires that (subject . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.140748

Application for court’s sanction to execution of a transfer to satisfy earlier order.

Judges:

Falk J

Citations:

[2019] EWHC 174 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.639270

Documents had been disclosed in error in related proceedings, and the appellants now challenged refusal of an order that their use within the current proceedings should be restrained.

Judges:

Longmore, Moore-Bick, Gloster LJJ

Citations:

[2014] EWCA Civ 1129, [2015] 1 WLR 797, [2014] CP Rep 45

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kadhim v Housing Benefit Board, London Borough of Brent CA 20-Dec-2000
A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court: ‘The . .

Cited by:

Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.535456

An application was made under Part 3.1(7) to vary an earlier final order made by the judge after a trial, on the application of the wife of one of the defendants whose potential interest in funds subject to the judge’s order had been overlooked by him when making it, in her absence.
Held: The application was allowed. The court acknowedged his mistake, and said: ‘ this is in my view a good example of why exceptionally the court should retain a power to review a final order.’ Peter Smith J said: ‘It seems to me that with respect to the authors of the White Book and the submissions of Mr Spearman QC there is nothing in the Court of Appeal decisions which suggests that the rule should be cut down so as to be completely inapplicable to any final order. The wording of the rule is very wide. It seems to me it was intended by the draftsman to confer the extremely wide supervisory powers in the Civil Procedure regime that existed elsewhere in insolvency courts as set out above. That is not to say that a final order can be set aside by a Judge willy nilly. It is a matter of discretion to be exercised according to the particular circumstances of the case. That in my mind is all that the Court of Appeal Judges to which I have referred say when they support Patten J’s judgment. They say in effect as regards final orders it would be hardly ever appropriate to set aside a final order. They do not say ‘never’.’

Judges:

Peter Smith J

Citations:

[2010] EWHC 3275 (Ch)

Statutes:

Civil Procedure Rules 3.1(7)

Jurisdiction:

England and Wales

Citing:

See Also – Independent Trustee Services Ltd v GP Noble Trustees Ltd and Others ChD 26-Jan-2009
Application to vary a freezing order made on a without notice application.
Held: Lewison J set out the proper approach at para. 6 by setting out the four questions which should be addressed: ‘(1) does the claimant have an arguable proprietary . .

Cited by:

Cited – Kojima v HSBC Bank Plc ChD 22-Mar-2011
The defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in . .
Appeal from – Independent Trustee Services Ltd v GP Noble Trustees Ltd and Others CA 28-Feb-2012
Lloyd LJ said: ‘a transferee of the legal title to property under a disposition made in breach of trust, or a successor in title to such a person, does not have the beneficial title to the property, which remains held on the original trusts, unless . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.427291

Hearing for cause to be shown as to why the case should not be struck out for non-payment of fees.

Judges:

Arnold J

Citations:

[2009] EWHC 1195 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.346864

Application under Part 31 of the Civil Procedure Rules for pre-action disclosure.

Judges:

Akenhead J

Citations:

[2009] EWHC 250 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 18 July 2022; Ref: scu.291787

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 not therefore amount to legal proceedings which would be capable of supporting the sort of relief claimed. The injunction should not have been granted and would not be restored. Additionally the state of Bolivia was entitled to state immunity under the 1978 Act.

Judges:

Lord Justice Tuckey, Lord Justice Lawrence Collins and Lord Justice Stanley Burnton

Citations:

[2008] EWCA Civ 880

Links:

Bailii, Times

Statutes:

Arbitration (International Investment Disputes) Act 1966, Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 (SI 1997 No 302), State Immunity Act 1978

Jurisdiction:

England and Wales

Citing:

Appeal from – ETI Euro Telecom International Nv v Republic of Bolivia and Another Comc 11-Jul-2008
The claimant had lost its investment in a company in Bolivia when the company was nationalised. There were international arbitration proceedings, and the claimant obtained an order freezing balances in a bank in London to support enforcing any . .
Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – Credit Suisse Fides Trust SA v Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm) CA 11-Jun-1997
The claimant brought proceedings in Switzerland (a party to the Lugano Convention) against the defendant who was domiciled in England, alleging that he had conspired with one of the claimant’s employees to misappropriate some US$ 21 million. It was . .
Cited – Bristol Airport Plc and Another v Powdrill and Others CA 21-Dec-1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to . .
Cited – Kensington International Ltd v Republic of Congo CA 7-Nov-2007
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves.
Held: The appeal failed. The public . .
Cited – Starlight Shipping Co and Another v Tai Ping Insurance Co Ltd., Hubei Branch and Another ComC 1-Aug-2007
In an application for an interim anti-suit injunction, Cooke J said: ‘Damages would, for all the reasons given in the authorities, be an inadequate remedy for breach of such a clause since its very nature requires the parties to have their disputes . .
Cited – Motorola Credit Corporation v Uzan and Others CA 26-Jun-2002
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: . .
Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Cited – Verlander v Devon Waste Management and Another CA 27-Jun-2007
Auld LJ commented on the analysis in Stephens of the need for a judge to decide the evidence before him: ‘Perhaps I can, without damage to that analysis, summarise it by reducing it to two main propositions. First, a judge should only resort to the . .
Cited – Commission v AMI Semiconductor Belgium (Anciennement Alcatel Microelectronics) (Law Governing The Institutions) ECJ 17-Mar-2005
Europa Arbitration clause – Designation of the Court of First Instance – Jurisdiction of the Court of Justice – Parties in liquidation – Capacity to be parties to legal proceedings – Council Regulation (EC) No . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.271141

The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means.

Judges:

Sir Anthony Clarke MR, Longmore LJ, Lawrence Collins LJ

Citations:

[2008] EWCA Civ 876, [2008] CP Rep 42, [2009] ILPr 9, [2009] 2 WLR 699, [2008] 2 CLC 126, [2008] BPIR 1524, [2009] Bus LR 246, [2009] 1 Lloyd’s Rep 42

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
Appeal from – Masri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .

Cited by:

See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See Also – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See Also – Masri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See Also – Masri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See Also – Masri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See Also – Masri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 July 2022; Ref: scu.271143

Judges:

Grenfell J

Citations:

[2006] EWHC 2025 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.244511

The court was asked for what period (if any) a claimant patient is entitled to receive the interest which had accrued on a payment made into court which had been accepted on his or her behalf before subsequently receiving the approval of the Court.

Judges:

Silber J

Citations:

[2006] EWHC 3153 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.247985

The parties had disputed the terms of an insurance policy. The House considered whether it could hear the case once the dispute had been settled.
Held: There was no remaining dispute for the House to settle. Viscount Simon LC said: ‘My Lords, in my opinion, the House should decline to hear this appeal on the ground that there is no issue before us to be decided between the parties. I do not think that it would be a proper exercise of the authority which this House possesses to hear appeals if it occupies time in this case in deciding an academic question, the answer to which cannot affect the respondent in any way. If the House undertook to do so, it would not be deciding an existing list between the parties who are before it, but would merely be expressing its view on a legal conundrum which the appellants hope to get decided in their favour without in any way affecting the position between the parties.
What is sometimes called a ‘friendly action’ is not necessarily open to this objection, either in the first court or on appeal, for the respective parties in such an action are arguing for different results and the winner gains something which he would not gain if he lost, but the objection here is that, if the appeal fails, the respondent gains nothing at all from his success. . .
I think it is an essential quality of an appeal fit to be disposed of by this House that there should exist between the parties a matter in actual controversy which the House undertakes to decide as a living issue.’

Judges:

Viscount Simon LC

Citations:

[1944] AC 111

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 – 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: 17 July 2022; Ref: scu.223321

The court was asked to construe whether the phrase ‘theatre or other place of public entertainment’ included a funfair.
Held: for the ejusdem generis rule to apply, there had to be at least two specific words in the list before the more general word or phrase. In this case the phrase did include a funfair though it was not of the same kind as theatres.

Citations:

[1944] 1 All ER 344

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.198836

The court looked to whether a decision of a superior court was binding when the point had not been argued: ‘In my judgment the authorities clearly establish that even where a decision of a point of law in a particular sense was essential to an earlier decision of a superior court, but that superior court merely assumed the correctness of the law on a particular issue, a judge in a later case is not bound to hold that the law is decided in that sense’.

Judges:

Browne-Wilkinson, VC

Citations:

[1990] Ch 1

Jurisdiction:

England and Wales

Cited by:

Cited – Jones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 17 July 2022; Ref: scu.199246

The court considered the practice of appointing a substitute defendant against whom damages could be awarded, ie to get around crown immunity.

Citations:

[1944] 2 All ER 21, [1944] KB 750

Jurisdiction:

England and Wales

Cited by:

Appeal from – Adams v Naylor HL 1946
The House disapproved of the practice of appointing a nominee defendant in tort actions against whom damages could be awarded as opposed to a party with crown immunity. The House refused to entertain a claim against a nominated army officer arising . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 17 July 2022; Ref: scu.180525

Consequential Orders

Judges:

Walker J

Citations:

[2019] EWHC 1826 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.640077

Application for extension of time to set aside or vary a freezing order and search order originally made ex parte.

Judges:

Falk J

Citations:

[2019] EWHC 1430 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.639274

Reserved judgment on the Claimant’s Application to have permission to rely upon neurosurgical evidence and for directions in consequence, including an increase to the Claimant’s previously budgeted costs.

Citations:

[2018] EWHC 3276 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.630781

The claimant applied to continue the injunction and freezing injunction originally granted and the second and third defendants applied to set aside those injunctions on the grounds of material non-disclosure.

Judges:

Salter QC

Citations:

[2014] EWHC 4329 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.542499

Judges:

Dobbs J

Citations:

[2009] EWHC 760 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 17 July 2022; Ref: scu.341526

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 beyond the pleadings had been given before proceedings began as required under the protocol, nor had any translation been provided to him as a French speaker. He now appealed judgment in default, and applied to bring evidence.
Held: The reasons given for non-attendance were capable of belief. Moreover other correspondence after proceedings were commenced referred to a much lesser sum than that for which judgment was entered. Judgment was set aside.

Judges:

LLoyd LJ

Citations:

[2008] EWCA Civ 754

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Re Edwards’ Will Trusts CA 1982
Proceedings came to trial but the Defendant only had extremely short notice of the hearing, and did not attend. Under RSC Order 35 rule 2 there was a seven day time limit for the application. Instead of applying under the rule, the Defendant . .
Cited – Tennero Ltd v Arnold QBD 6-Jul-2006
The court considered an application for permission to appeal. The Defendant had not attended the trial, but had applied by letter for an adjournment, which was refused. The trial proceeded and resulted in an order against the Defendant. He applied . .
Cited – David v Charlemagne CA 1996
The rule in Ladd v Marshall did not apply on an appeal from the refusal of an application to set aside a default judgment, the additional evidence being sought to be introduced only on appeal, not on the original application, because there had been . .
Cited – Estate Acquisition and Development Ltd v Wiltshire and Another CA 4-May-2006
The defendants appealed a decision that they had no sufficient reason for not attending court on the day of the trial.
Held: The fact that the defendants had a continuing commercial relationship with the claimants was not enough to justify an . .
Cited – Brazil v Brazil CA 31-Jul-2002
The defendant appealed against an order for rectification of the registered title to land he occupied, and for which he had had a possessory title. The order had been made in his absence.
Held: A ‘good reason’ for non attendance at a hearing . .
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. . .
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 v Meer Care and Desai (A Firm) and others ChD 22-May-2006
. .
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 . .

Cited by:

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: 17 July 2022; Ref: scu.270584

Appeal against order discontinuing action for failure to comply with unless order.

Citations:

[2006] EWCA 2638 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 15 July 2022; Ref: scu.245952

Judges:

Andrew Smith J

Citations:

[2006] EWHC 916 (QB)

Links:

Bailii

Statutes:

Evidence (Proceedings in Other Jurisdictions) Act, 1975

Jurisdiction:

England and Wales

Litigation Practice

Updated: 15 July 2022; Ref: scu.241786

Failure to comply with unless order for payment of interim costs award.

Judges:

Tugendhat J

Citations:

[2006] EWHC 632 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 15 July 2022; Ref: scu.240119

Gibbs J: ‘The question whether the remedy which the person to whom the duty is owed may obtain against the person who has violated the duty is proprietary or personal may sometimes be one of some difficulty. In some cases the fiduciary has been declared a trustee of the property which he has gained by his breach; in others he has been called upon to account for his profits and sometimes the distinction between the two remedies has not, it appears, been kept clearly in mind.’

Judges:

Gibbs J

Citations:

(1975) 132 CLR 373

Jurisdiction:

England and Wales

Cited by:

Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 July 2022; Ref: scu.230343

Application for permission to appeal from refusal of leave to bring judicial review.

Judges:

Laws LJ

Citations:

[2001] EWCA Civ 122

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Bow County Court, Ex Parte Pelling CA 17-Dec-1999
Access to the court given to a McKenzie Friend should normally be given in matters in open court, but when it came to matters being heard in chambers, the judge had discretion as to who he would hear. The right is in any event that of the litigant, . .
Cited – Storer v British Gas plc CA 25-Feb-2000
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the . .
See Also – Pelling, Regina (On the Application of) v Bow County Court Admn 19-Oct-2000
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 July 2022; Ref: scu.217951

The court considered the practicalities of disclosure of documents in the context of the increasing use of electronic storage of documents.

Citations:

[2009] EWHC B41 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 15 July 2022; Ref: scu.402523

Renewed application by defendant for permission to appeal against order allowing appeal against an order striking out the claim for failure to provide a schedule of damages with supporting documents.

Citations:

[2008] EWCA Civ 492

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 15 July 2022; Ref: scu.267900

Further case management in substantial case after additional pleadings.

Judges:

Henderson J

Citations:

[2008] EWHC 991 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Walbrook Trustee (Jersey) Ltd and others v Fattal and others CA 11-Mar-2008
Applications between consortium members as to management of apartment block.
Lawrence Collins LJ said: ‘ . . an appellate court should not interfere with case management decisions by a judge who has applied the correct principles and who has . .
See Also – Walbrook Trustees (Jersey) Ltd and others v Fattal and others ChD 29-Nov-2007
. .

Cited by:

Appeal from – Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others CA 8-Apr-2009
The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process.
Held: The appeal against the stay succeeded. The new case had been flagged up . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 14 July 2022; Ref: scu.267555

The defendant underwriters sought the striking out the action brought against them by the claimant shipowners on the grounds of abuse of process and/or delay. The underlying incident had occurred in 1997.

Judges:

David Steel J

Citations:

[2008] EWHC 811 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 14 July 2022; Ref: scu.267089