Category: Litigation Practice

Ashley and Another v Sussex Police (1): QBD 19 Dec 2008

The court considered the terms under which copies of the Moonstone report could be redacted and disclosed.

Judges:

Eady J

Citations:

[2008] EWHC 3152 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
See Also – Ashley and Another v Sussex Police (2) QBD 19-Dec-2008
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 June 2022; Ref: scu.279945

Lichter and Schwarz (a Partnership) v Rubin: ChD 13 Mar 2008

The claimant sought an interim order for the disclosure by the defendant of his assets, anticipating a further application for a freezing order. The defendant objected.
Held: In order to found such an application, the claimant need establish only that there was a reasonable possibility, based on credible evidence, that a freezing injunction would be applied for.

Judges:

Henderson J

Citations:

Times 18-Apr-2008

Jurisdiction:

England and Wales

Litigation Practice

Updated: 28 June 2022; Ref: scu.268784

Raja v Van Hoogstraten and others: CA 23 Sep 2005

Misdirected letter from court.

Citations:

[2005] EWCA Civ 1180

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Litigation Practice

Updated: 28 June 2022; Ref: scu.231187

Papanicola v Humphrys and Others: ChD 14 Mar 2005

The bankrupt had continued to run his restaurant for a year, by having another company collect his receipts for him. The trustee had obtained a declaration that the sum was held in trust for the bankrupt’s estate. The director of the company who had collected the fund had not attended on the first hearing, and had had the declaration set aside. The trustee appealed.
Held: The appeal succeeded. It as inherent in the power to revisit a court order that it should only be done if there was a change of circumstances. The director had not given any sufficient explanation as to why he had not attended the first hearing, and therefore the original order was re-einstated.

Judges:

Laddie J

Citations:

Times 28-Apr-2005

Jurisdiction:

England and Wales

Citing:

Cited – In re a Debtor (No 32 SD 1991) ChD 1993
. .
Cited – In Re A Debtor (No 32 of 1993) ChD 1-Mar-1994
A voluntary arrangement can be offered where only one creditor may stay bankruptcy proceedings. Rejection of less than the full amount by a petitioning creditor was not necessarily unreasonable. . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Litigation Practice

Updated: 27 June 2022; Ref: scu.226000

Whishaw v Stephens (on appeal from In re Gulbenkian’s Settlement) (No 1): HL 31 Oct 1968

Parties disputed the effect of clauses describing the beneficiaries of a trust.
Held: The clause did not make sense as it stood. In a fixed non-charitable trust (as opposed to a discretionary trust) the court must be able to draw up a list of beneficiaries before a trust can be recognised. The modern approach of a court is not to reject any part of a legal document as meaningless without first trying hard to give it a sensible meaning.

Judges:

Lord Upjohn, Lord Reid, Lord Hodson, Lord Guest, Lord Donovan

Citations:

[1970] AC 508, [1968] UKHL 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Gisborne v Gisborne HL 1877
An absolute owner of property can settle his affairs in such a way and on such terms as would relieve his trustees from the responsibility to exercise the degrees of care and prudence which would otherwise be inferred. When a power has been . .

Cited by:

Cited – Hunt and Another v McLaren and others ChD 4-Oct-2006
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably . .
Cited – Re Tuck’s Settlement Trusts CA 1-Nov-1977
By his will, Sir Adolph Tuck sought to ensure that his successors should be Jewish, and stated that the arbitrators of this must be the Chief Rabbi of his community. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Trusts

Updated: 27 June 2022; Ref: scu.220238

University of Oxford and others v Broughton and others: QBD 10 Nov 2004

The claimants sought injunctions to protect themselves against the activities of animal rights protesters, including an order preventing them coming with a wide area around the village.
Held: The orders made were justified with the additional requirement that the defendants should not photograph the claimants.

Judges:

Grigson J

Citations:

[2004] EWHC 2543 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Monsanto Plc v Tilly and Others CA 30-Nov-1999
A group carried out direct action in protesting against GM crops by pulling up the plants. The group’s media liaison officer, while not actually pulling up plants himself, ‘reconnoitred the site the day before. He met the press at a prearranged . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – Director of Public Prosecutions v Dziurzynski QBD 28-Jun-2002
The defendant was an animal rights protester who had been accused under the Act of harassing the company and its employees.
Held: The act was intended to be used to protect individuals, and not companies. Two incidents were alleged, but no . .
Cited – Thomas v News Group Newspapers Ltd and Simon Hughes CA 18-Jul-2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant.
Held: Repeated newspaper stories . .
Cited – Regina v Mann CACD 6-Apr-2000
The defendant having pleaded guilty to an offence under the Act, involving repeated calls to the staff of a residential home, and having been sentenced, was also made subject to a restraining order that he should not ‘contact or communicate with any . .
Cited – M. Michaels (Furriers) Limited v Askew and Others CA 25-Jun-1983
The court heard an appeal against injunctions granted in an animal rights protest context against named Defendants on their own behalf and on behalf of other members of an unincorporated association.
Held: Appeal denied. Care had to be taken . .
Cited – Burris v Azadani CA 27-Jul-1995
The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases.
Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory . .

Cited by:

See Also – University of Oxford v Broughton and others QBD 26-May-2006
. .
See Also – University of Oxford and others v Broughton and others CA 15-Aug-2006
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.219935

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank.
Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have obtained a freezing order, to take care that funds of a person whose account has been frozen pursuant to that order should not be dissipated in breach of that order. I would not be deterred by the apparent absence of any express or deliberate assumption of responsibility on the part of the Bank since I would hold that the law ought to decide that such responsibility should be imposed and that that, in accordance with Phelps, is sufficient. I do not believe that the absence of an express assumption of responsibility should be fatal to the conclusion reached by relying on the first approach. I further conclude, applying the third (incremental) approach, that the imposition of such a duty of care is not to impose on banks liabilities different in kind from the sort of liabilities to which banks have become used at the hands of their customers and others for many years.’

Judges:

Lord Justice Peter Gibson Lord Justice Longmore Mr Justice Lindsay

Citations:

[2004] EWCA Civ 1555, [2005] 1 WLR 2082

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Commissioners of Customs and Excise v Barclays Bank Plc ComC 3-Feb-2004
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . .
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – White and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
Cited – Mareva Compania Naviera SA v International Bulkcarriers SA CA 1-Feb-1975
An ex parte order was sought by the plaintiff to restrain the defendant dispersing his assets.
Held: The court granted the ad personam order requested making use of the jurisdiction given to it by the 1925 Act: ‘A mandamus or an injunction may . .
Cited – Al-Kandari v J R Brown and Co CA 1988
A solicitor had undertaken to look after certain passports, but failed to do so. The husband had twice previously kidnapped his children whose custody was an issue before the court. Once the husband regained the passports, he again fled with the . .
Cited – Nippon Yusen Kaisha v Karageorgis CA 1975
The plaintiff company had chartered a ship to the defendants. A large sum was now claimed for hire, and a string prima facie case made out. The charterers could not be found but there was evidence of funds at a bank in London. An ex parte . .
Cited – Z Ltd v A-Z and AA-LL CA 1982
The plaintiffs, an overseas company with an office in London had been defrauded here. They sought and obtained Mareva injunctions against defendants and against six clearing banks. The banks sought clarification of their duties.
Held: The . .
Cited – Candler v Crane Christmas and Co CA 15-Dec-1950
Though the accounts of the company in which the plaintiff had invested had been carelessly prepared and gave a wholly misleading picture of the state of the company, the plaintiff could not recover damages. A false statement, carelessly, as . .
Cited – Z Bank v DI ChD 1994
A company in contempt of court may have acted with a greater or lesser degree of culpability and the court has a discretion to impose punishment commensurate with that culpability, although some penalty is likely to be appropriate unless the . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Williams and Another v Natural Life Health Foods Ltd and Another HL 30-Apr-1998
A company director was not personally reliable in negligence for bad advice given by him as director unless it could clearly be shown that he had willingly accepted such personal responsibility. A special relationship involving an assumption of . .
Cited – Reeman and Reeman v Department of Transport; West Marine Surveyors and Consultants and Richard Primrose Ltd CA 26-Mar-1997
The purchaser of a fishing boat had relied on an incorrect safety certificate in respect of the vessel. He sought to claim in negligence.
Held: The object of the statutory scheme pursuant to which the certificate had been issued was to promote . .
Cited – Business Computers International Ltd v Registrar of Companies ChD 1988
A winding up petition was served at an address which was not that of the plaintiff’s registered office, and nobody appeared at the hearing. A winding up order was made against the plaintiff company, which now sued the solicitors who had misserved . .
Cited – Dean v Allin and Watts (a Firm) CA 23-May-2001
An unsophisticated lender running the business of a car mechanic wanted to lend money to borrowers on the security of real property owned by an associate of the borrowers. The borrowers instructed the defendant solicitors to give effect to this . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .

Cited by:

Appeal from – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Banking, Negligence

Updated: 27 June 2022; Ref: scu.219675

Khalid Ali Ismail Turkey v Adnan Mohammed Awadh, Aziza Khalid Ali Ismail Turki: CA 26 Oct 2004

The claimant asserted that he had taken a transfer of the house from his daughter and son in law. They said the transfer had been procured by misrepresentation and undue influence. The claimant now sought a stay of an order for payment of costs pending the appeal against the county court judge’s order.

Judges:

Sir Christopher Staughton

Citations:

[2004] EWCA Civ 1471

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Turkey v Awadh and Another CA 8-Mar-2005
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.219661

Al-Khatib v Masry and others: CA 5 Oct 2004

The parties had been involved in protracted and bitter family disputes. After a previous appeal they had been invited to refer their disputes to mediation.
Held: At that time, mediation within the Appeal Court was managed by commercial mediators. No attempt had been made to supervise the mediation, and it had failed. There is no good reason why the court should not maintain some supervisory role. The court noted that the mediation had been resumed and been successful.
Thorpe LJ observed: ‘there is no case, however conflicted, which is not potentially open to successful mediation, even if mediation has not been attempted or has failed during the trial process’

Judges:

Thorpe LJ

Citations:

[2004] EWCA Civ 1353, Times 21-Oct-2004, [2005] 1 FLR 381

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Application for leave – Al-Khatib v Masry and others CA 26-Jun-2002
Application for leave to appeal against ancillary relief order. . .
Appeal from – Al-Khatib v Masry FD 2002
The court heard an application for an ancillary relief order in divorce proceedings.
Held: General reputation prevailing in the community, and the mere opinions, inferences or beliefs of witnesses, are inadmissible in proof of material facts. . .

Cited by:

Cited – AI v MT FD 30-Jan-2013
The parties had asked the court to apply rabbinical law in resolving their matrimonial proceedings, applying by consent the result of a rabbinical arbitration.
Held: The court could not accept an ouster of its jurisdiction over children of the . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 27 June 2022; Ref: scu.219133

Sankoh, Re: CA 27 Sep 2000

The claimant appealed against a refusal to issue a writ oif habeas corpus on behalf of the Sierra Leonean revolutionary leader, Foday Sankoh, who had been detained in Sierra Leone while UK forces were supporting the national government there, and in circumstances where they had been involved in his transfer between detention centres. He relied on O’Brien and argued that a statement by Mr Peter Hain MP, a minister in the Foreign Office, made in response to a demand that Sankoh be released in return for certain hostages, demonstrated sufficiently arguable on-going control for the writ to run. Mr Hain had said that the UK government would not negotiate with hostage takers and that it would not trade Mr Sankoh’s freedom. On the basis of that statement, it was argued that the British government was in a position to trade Mr Sankoh for the hostages. This assertion was directly confronted by the evidence of the Foreign and Commonwealth Office that Mr Sankoh was not under the custody or control of the British government and that there was no agreement between the UK and Sierra Leone under which the British government could require the release or ‘delivery up’ of Mr Sankoh.
Held: The appeal failed. The appellant had not established that the Secretary of State had control over Mr Sankoh’s detention.
Laws LJ said: ‘It seems to me, moreover, looking at the matter more broadly, that unless Mr Sankoh is actually in the custody of the United Kingdom authorities, the applicant’s case must be that the British Government should be required by this court to attempt to persuade Sierra Leone either to identify his whereabouts or to deliver him up. But that involves the proposition that the court should dictate to the executive government steps that it should take in the course of executing Government foreign policy: a hopeless proposition.’

Judges:

Ward, Waller, Laws LJJ

Citations:

[2000] EWCA Civ 386

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Secretary of State for Home Affairs v O’Brien HL 1923
The Crown has no right of appeal against the grant of a discharge of a prisoner on a writ of habeas corpus.
The Home Secrtary appealed against the issue of a writ of habeas corpus against him in respect of a prisoner held in Mountjoy prison in . .

Cited by:

Cited – Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah SC 31-Oct-2012
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice, Constitutional

Updated: 27 June 2022; Ref: scu.218692

Regency Rolls Ltd and Another v Carnall: CA 16 Oct 2000

The court considered what was meant by ‘act promptly’ in the Rule.
Held: Dictionary definitions were considered by both Arden LJ and Simon Brown LJ – ‘with alacrity’ or ‘all reasonable celerity in the circumstances’. The court no longer has a broad discretion whether to grant such an application: all three of the conditions listed in CPR r 39.3(5) must be satisfied before it can be invoked to enable the court to set aside an order. In all the circumstances, 4 weeks was held to be too long a delay by Simon Brown LJ and Rix LJ. Arden LJ expressed grave doubt but found it unnecessary to decide the point.

Judges:

Simon Brown LJ

Citations:

[2000] EWCA Civ 379

Links:

Bailii

Statutes:

Civil Procedure Rules 39.3

Jurisdiction:

England and Wales

Cited by:

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 . .
Cited – Forcelux Ltd v Binnie CA 21-Oct-2009
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr . .
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 . .
Cited – WXY v Gewanter and Another QBD 30-May-2012
The claimant had obtained an injunction to restrain publication of what was private information. The third defendant now applied to set aside the judgment, saying that their application for an adjournment had been wrongly refused. He said that he . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Civil Procedure Rules

Updated: 27 June 2022; Ref: scu.218696

Coli Shipping (UK) Ltd v Andrea Merzario Ltd: CA 4 Dec 2001

Application for leave to appeal: ‘ it is always a consideration that this court will bear strongly in mind as to whether the amount in issue justifies the considerable costs – and, for that matter, the considerable occupation of court time – that are involved in a contested appeal.’

Citations:

[2001] EWCA Civ 1872

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Litigation Practice

Updated: 27 June 2022; Ref: scu.218604

Halifax Plc v Chandler: CA 13 Nov 2001

The claimant had sought payment of a substantial shortfall debt from the defendant after repossessing and selling the defendant’s home. It compromised that debt, and was paid, but now sought to re-open the compromise on the basis of an alleged misrepresentation by the defendant as to his means. A world-wide asset freezing order had been granted. The defendant applied for further funds to be released from the sums frozen.
Held: The appeal failed. The defendant had not shown that his position had changed since the order had been made. However the court dounted that the original order had been correctly granted, and was concerned that an order should not prevent dealings in the ordinary course of business.

Judges:

Chadwick LJ, Clarke LJ

Citations:

[2001] EWCA Civ 1750

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Tinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
Cited – Iraqi Ministry of Defence and Others v Arcepey Shipping Co SA, The Angel Bell 1980
The court considered whether a defendant should be allowed to pay his debts as they fell due despite an asset freezing order.
Held: The Mareva jurisdiction should not ‘improve the position of claimants’. Rather, it should prevent the injustice . .
Cited – Sundt Wrigley Co Ltd v Wrigley CA 23-Jun-1993
In an asset freezing order, where the defendant seeks leave to discharge liabilities, the nature of the plaintiff’s interest makes a difference. The court distinguished between cases where the plaintiff has a proprietary claim in the frozen assets . .

Cited by:

Cited – Raja v Van Hoogstraten and others ChD 5-Apr-2006
Application to discharge asset freezing order.
Held: The defendant had displayed a readiness to do what was necessary to avoid compliance with court orders. The application (and others) were dismissed. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218522

Hanley v Stage and Catwalk Ltd (T/A Acorn Studios) and others: CA 7 Nov 2001

Citations:

[2001] EWCA Civ 1739

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for Trade and Industry v Paulin ChD 13-May-2005
The director sought to appeal an order disqualifying him form acting as a company director.
Held: The disqualification proceedings were properly charactised as insolvency proceedings and therefore there was no requirement for permission to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218524

Multicultural Media Centre for the Millennium Ltd v Millennium Commission: CA 19 Oct 2001

Where a court was faced with a situation where both parties wished to proceed, but one wanted to put in an affidavit which the other had not had chance to examine, it became impossible for that judge to proceed fairly. A winding up order made under such circumstances was set aside. The case was remitted to another judge of the Chancery Division.

Judges:

Lord Justice Judge, Lord Justice Chadwick and Lord Justice Jonathan Parker

Citations:

Times 16-Nov-2001, [2001] EWCA Civ 1687

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Re Multicultural Media Centre for the Millenium Ltd CA 22-Mar-2001
. .
See Also – Millennium Commission v Multicultural Media Centre for the Millennium CA 13-Jun-2002
. .

Cited by:

See Also – Re Multicultural Media Centre for the Millenium Ltd CA 22-Mar-2001
. .
See Also – Millennium Commission v Multicultural Media Centre for the Millennium CA 13-Jun-2002
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insolvency

Updated: 27 June 2022; Ref: scu.218449

Watson v Cleveland Police: CA 12 Oct 2001

The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full.
Held: The judge had directed the jury correctly. However as to damages, the award of exemplary damages was exessive, and was reduced.

Citations:

[2001] EWCA Civ 1547

Links:

Bailii

Statutes:

Criminal Procedure Act 1865 6

Jurisdiction:

England and Wales

Citing:

Cited – Clifford v Clifford 1961
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Regina v Sweet Escott QBD 1971
There are limits as to what may be put to a witness by way of cross-examination as to credit. Lawton J said: ‘What, then, is the principle upon which the judge should draw the line? It seems to me that it is this. Since the purpose of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218480

Collins v CPS Fuels Ltd: CA 9 Oct 2001

Appeal against dismissal of claim for damages on basis that it was an abuse being a second attempt to litigate a matter already decided.

Judges:

Judge, Jonathan Parker LJJ, Bodey J

Citations:

[2002] CP Rep 6, [2001] EWCA Civ 1597

Links:

Bailii

Statutes:

Civil Procedure Rules 3.4(2)(b)

Jurisdiction:

England and Wales

Litigation Practice, Civil Procedure Rules

Updated: 27 June 2022; Ref: scu.218408

Ropaigealach v Allied Irish Bank Plc: CA 29 Aug 2001

Use of charging orders to enforce payment of costs orders.

Citations:

[2001] EWCA Civ 1381

Links:

Bailii

Statutes:

Charging Orders Act 1979 1(5)

Jurisdiction:

England and Wales

Cited by:

See Also – Ropaigealach v Allied Irish Bank Plc CA 12-Nov-2001
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218368

Watchtower Investments Ltd v Payne and Another: CA 20 Jul 2001

Amendment of judges order on handing down

Citations:

[2001] EWCA Civ 1261

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Watchtower Investments Ltd v Payne and Another CA 20-Jul-2001
The mortgagor borrowed funds against the charge, and part of the condition of the loan was that any arrears on the first charge must be discharged. The total amount of the loan was calculated to include sufficient to discharge the arrears on the . .

Cited by:

See Also – Watchtower Investments Ltd v Payne and Another CA 20-Jul-2001
The mortgagor borrowed funds against the charge, and part of the condition of the loan was that any arrears on the first charge must be discharged. The total amount of the loan was calculated to include sufficient to discharge the arrears on the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218353

Lloyds Bank v Cassidy: CA 26 Jul 2002

Application for leave to appeal – adjourned

Citations:

[2002] EWCA Civ 1324

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Lloyds Bank Plc and others v Cassidy CA 8-Nov-2002
. .

Cited by:

See Also – Lloyds Bank Plc and others v Cassidy CA 8-Nov-2002
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.217438

Ferrotex Industrial Ltd and Another v Banque Francaise De L’Orient: CA 30 Aug 2001

The court was asked whether the appellants’ time for providing security for the respondents’ costs of the appeal should be extended following unless orders (made by the court in the usual form) which have not been complied with.

Citations:

[2001] EWCA Civ 1387

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 June 2022; Ref: scu.201318

Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

The claimant appealed refusal to set aside a statutory demand made by the respondent society. The proposed defence had been already been dismissed by the courts.
Held: Such a consideration was very relevant, but not necessarily determinative. The debtor was obliged to proceed quickly, and could not delay his application. He had to demonstrate a gennuine triable issue. And there was no reason why challenges at the stage of the petition should be subject to different tests of substantiality. The court of appeal had given leave to appeal. The earlier decision was not determinative, and the statutory demands could be set aside.

Judges:

Laddie J

Citations:

Times 28-Aug-2003

Statutes:

Insolvency Rules 1986 (1986 No 1925) 6.5(4)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Society of Lloyd’s v Laws and others ComC 24-Apr-2003
. .
Cited – Jaffray and others v Society of Lloyd’s CA 26-Jul-2002
There is no more scope for corporate dishonesty in deceit than in misfeasance, other than by the attribution to a corporate body of the dishonesty of an individual. It was alleged that there was unfairness through inequality of representation: ‘In . .
Cited – Society of Lloyd’s v Jaffray and others QBD 3-Aug-2000
Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insolvency

Updated: 27 June 2022; Ref: scu.186094

V v C: CA 6 Oct 2001

The defendant faced an application for summary judgment and also a criminal investigation and possible criminal proceedings in respect of the same matters. He said that to provide a detailed defence to the claim he would have to give information that would or might assist a prosecution, and that to proceed with summary judgment would require him to ‘buy’ his right not to incriminate himself at the price of having judgment entered against him, or to forgo that right with the attendant risks to the criminal process under way against him.
Held: The privilege against self-incrimination was a privilege against being compelled on pain of punishment to provide evidence or information, and the privilege did not give rise to a defence in civil proceedings or to a right not to plead a defence in civil proceedings. As to whether there should be a stay to avoid prejudice to the summary trial, it was a matter of discretion and the judge’s decision to proceed with the application for summary judgment and to give summary judgment could not be successfully impugned. There is no right to silence in civil proceedings. If a defendant had a positive defence, the criminal law now expected him to raise it at an early stage if there was to be no danger of adverse inferences being drawn or adverse comment made; so that disclosure of a defence in civil proceedings was unlikely to disadvantage a defendant in criminal proceedings. It was legitimate to start from the position that a positive defence was likely to exculpate rather than incriminate; and the judge was entitled to take into account that the defendant had chosen not to provide any answer to the claimant’s allegations. The reasoned judgment would be available to the prosecuting authorities, but it was fanciful to say that it would be used by the prosecutor. The fact of judgment did not take them any further than the assertions in the points of claim. Finally, there was no risk of a potential juror being affected by publicity.

Judges:

Lord Justice Brooke, Lord Justice Waller, Lord Justice Longmore

Citations:

[2001] EWCA Civ 1509

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Paxton v Douglas 1812
‘In no stage of the proceedings in this court can a party be compelled to answer any question, accusing himself, or any one in a series of questions, that has a tendency to (incriminate . . .)’ . .

Cited by:

Cited – Mote v Secretary of State for Work and Pensions and Another CA 14-Dec-2007
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.166652

Medcalf v Mardell, Weatherill and Another: HL 27 Jun 2002

The appellants were barristers against whom wasted costs orders had been made. They appealed. They had made allegations of fraud in pleadings, but without being able to provide evidence to support the allegation. This was itself a breach of the Bar Council Code of Practice.
Held: A barrister must not draft a pleading containing an allegation of fraud unless he has clear instructions to make such allegation and has before him reasonably credible material which, as it stands, establishes a prima facie case of fraud. There was no bar to a party asking for a wasted costs order against opposing counsel. There was no bar to an action in respect of acts outside the strict scope of courtroom advocacy. Nevertheless, fairness must be allowed. There was a risk here of the barristers being unable to defend themselves without being able to produce material protected by their clients’ legal professional privilege. The clients did not release that privilege, and so a court order could not safely be made.
Lord Bingham said: ‘ Paragraph 606(c) (of the Bar Code of Conduct) lays down an important and salutary principle. The parties to contested actions are often at daggers drawn, and the litigious process serves to exacerbate the hostility between them. Such clients are only too ready to make allegations of the most damaging kind against each other. While counsel should never lend his name to such allegations unless instructed to do so, the receipt of instructions is not of itself enough. Counsel is bound to exercise an objective professional judgment whether it is in all the circumstances proper to lend his name to the allegation. As the rule recognises, counsel could not properly judge it proper to make such an allegation unless he had material before him which the judged to be reasonably credible and which appeared to justify the allegation. At the hearing stage, counsel cannot properly make or persist in an allegation which is unsupported by admissible evidence, since if there is not admissible evidence to support the allegation the court cannot be invited to find that it has been proved, and if the court cannot be invited to find that the allegation has been proved the allegation should not be made or should be withdrawn. I would however agree with Wilson J that at the preparatory stage the requirement is not that counsel should necessarily have before him evidence in admissible form but that he should have material of such a character as to lead responsible counsel to conclude that serious allegations could properly be based upon it.’
Lord Steyn said: ‘ This particular professional duty sometimes poses difficult problems for practitioners. Making allegations of dishonesty without adequate grounds for doing so may be improper conduct. Not making allegation of dishonesty where it is proper to make such allegations may amount to dereliction of duty. The barrister must promote and protect fearlessly and by all proper and lawful means his lay clients interests: paragraph 203 of the Code of Conduct. Often the decision will depend on circumstantial evidence. It may sometimes be finely balanced. What the decision should be may be a difficult matter of judgment on which reasonable minds may differ.’

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough and Lord Rodger of Earlsferry

Citations:

Times 28-Jun-2002, Gazette 08-Aug-2002, [2002] UKHL 27, [2002] 3 All ER 731, [2003] 1 AC 120, [2002] NPC 89, [2002] PNLR 43, [2002] 3 WLR 172, [2002] CP Rep 70, [2002] CPLR 647, [2002] 3 Costs LR 428

Links:

House of Lords, Bailii

Statutes:

Supreme Court 1981 51(6)(7) 51(6)(13), Courts and Legal Services Act 1990 4, Bar Code of Conduct 606

Jurisdiction:

England and Wales

Citing:

Approved – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Appeal from – Medcalf v Mardell and Others CA 24-Nov-2000
Counsel who wished to insert an allegation of fraudulent activity, or similar, into an application to amend a notice of appeal, must be sure not only that they have the clear and direct instructions of the clients to do this, but also that they . .
Cited – Myers v Elman HL 1939
The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful.
Held: The . .
See Also – Medcalf v Mardell and others CA 2-Mar-2000
. .

Cited by:

Cited – Fitzhugh Gates (A Firm) v Claudia Louise Elaine Borden Sherman CA 1-Jul-2003
The firm of solicitors challenged a wasted costs order. The order had been made on the basis that they had persisted with a case which the court had told them was misconceived, and had acted despite a conflict of interest. The order had been made . .
Cited – Gleaner Company Ltd and Another v Abrahams PC 14-Jul-2003
Punitive Defamation Damages Order Sustained
(Jamaica) The appellants challenged a substantial award of damages for defamation. They had wrongfully accused a government minister of corruption. There was evidence of substantial financial loss. ‘For nearly sixteen years the defendants, with all . .
Cited – Hussain and Another v Sarkar and Another CA 29-Jan-2010
The claimant sought damages saying that in a traffic accident, the first defendant driver had driven into the rear of their car. The second defendant asked for permission to amend its peading to allege fraud, that the accident had been staged, but . .
Cited – Abbar and Another v Saudi Economic and Development Company (Sedco) Real Estate Ltd and Others ChD 5-Aug-2010
The defendant sought a strike out of the claim in fraud, saying it was an abuse of process, saying that the facts as pleaded were consistent with honest dealing. The claimants said they had been induced to purchase shares.
Held: The request . .
Cited – Jones v Kaney SC 30-Mar-2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action.
Held: The . .
Cited – Media Cat Ltd v Adams and Others PCC 18-Apr-2011
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order.
Held: The court only has jurisdiction to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Litigation Practice

Updated: 27 June 2022; Ref: scu.174122

Best v Charter Medical of England Ltd and Another: CA 26 Oct 2001

The Civil Procedure Rules did not alter the previous practice in defamation actions, that the words to be relied upon should be pleaded in detail, save only in exceptional circumstances. The case had been properly struck out, as disclosing no reasonable cause of action, where the claimant had failed to establish the words used.

Judges:

Lord Justice Peter Gibson, Lord Justice Walker, Lord Justice Keene

Citations:

Times 19-Nov-2001, Gazette 06-Dec-2001, [2001] EWCA Civ 1588

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Affirmed – British Data Management Plc v Boxer Commercial Removals Plc and Another CA 28-Feb-1996
A quia timet action in a defamation case must specify the precise words which are expected to be used. . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 27 June 2022; Ref: scu.166718

Clarke (executor of the will of Francis Bacon, deceased) v Marlborough Fine Art (London) Ltd and Another: ChD 20 Nov 2001

A party will not be allowed to file pleadings which required him to make contradictory statements of truth in a unified claim. The alternative may be for the proceedings to go ahead as separate, non-unified claims. When considering whether there was evidence to support an amendment, the court should apply the same test as for an application for summary judgment or to strike out. Hearsay evidence now being generally admissible, the requirement to state the source of any hearsay was procedural, and went as to weight, and did not the attribution to be based upon non-hearsay evidence.

Judges:

Patten J

Citations:

Times 04-Dec-2001, Gazette 17-Jan-2002, [2002] 1 WLR 1731

Statutes:

Civil Procedure Rules 38, Civil Evidence Act 1995

Jurisdiction:

England and Wales

Cited by:

Cited – Binks v Securicor Omega Express Ltd CA 16-Jul-2003
The claimant sought damages for personal injury based upon one version of events. The defendant pleaded another, contrary, set of events and objected when the claimant sought to plead an alternative case to apply if the court found the defendants . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Litigation Practice, Evidence

Updated: 27 June 2022; Ref: scu.166944

Roche v Chief Constable of Greater Manchester Police: CA 25 Oct 2005

The claimant’s action for malicious prosecution, false imprisonment and perjury against the police had been decided by the County Court judge, but the defendant said that the judge had failed to deal with an allegation that the claimant had acted recklessly. The judge considered the issues again and gave a second judgment confirming the first.
Held: The defendant’s appeal failed. S70 said that the decision of a county court judge was final as between th eparties. That did not mean that the court of appeal could consider them again, but only that if there was sufficient cause the matter would have to be remitted to te county court. That was not necessary here.

Judges:

Buxton LJ, Sedley LJ, Jonatan Parker LJ

Citations:

Times 10-Nov-2005, [2005] EWCA Civ 1454

Links:

Bailii

Statutes:

County Courts Act 1984 70

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 June 2022; Ref: scu.235825

Schering Corporation v CIPLA Ltd and Another: ChD 10 Nov 2004

The defendants appealed against a refusal to strike out the patent infringement proceedings issued by the claimant, saying the only evidence offered was a letter written by the defendants which was headed ‘without prejudice’.
Held: The essential character of a without prejudice communication was that the writer genuinely intended it to form part of a negotiation. That might arise on the first part of a communication, as it did here. The appeal succeeded.
Laddie J referred to Standrin and said: ‘it seems to me that the Court of Appeal indicated that in determining the nature of correspondence and, in particular, in determining whether or not it is to be treated as bona fide without prejudice, it is necessary to consider all the circumstances. In that case, the common practice of negotiating when a reference to the Land Tribunal was in prospect was one factor which the Court of Appeal took into consideration. But it also took into consideration the fact that the document was headed with the words ‘without prejudice’. As Parker LJ made clear, merely putting those words on a document does not conclusively mean that the document is privileged. However the occurrence of those words may well be an important factor in determining the document’s status.
Behind this, it seems to me, is the following principle.The court has to determine whether or not a communication is bona fide intended to be part of or to promote negotiations. To determine that, the court has to work out what, on a reasonable basis, the intention of the author was and how it would be understood by a reasonable recipient.’

Judges:

Laddie J

Citations:

Times 02-Dec-2004, [2004] EWHC 2587 (Ch), [2005] FSR 25

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Standrin v Yenton Minster Holmes Ltd CA 28-Jun-1991
The parties had exchanged letters asserting an insurance claim. They had been marked without prejudice, and one party now objected to their admission in evidence.
Held: The letters did not have the protection sought. At the time they were . .

Cited by:

Cited – Williams v Hull ChD 19-Nov-2009
The parties had bought a house together, but disputed the shares on which it was held. The appeal was on the basis that a without prejudice letter had been redacte and then wrongly admitted as not in fact without prejudice, an as an unambiguous . .
Cited – Best Buy Co Inc and Another v Worldwide Sales Corp. Espana Sl ChD 8-Jul-2010
The claimant accused the defendant of making threats in connection with trade mark applications. The claimants operated under US trade marks associated with ‘Best Buy’ and sought similar marks in Europe. The defendant company traded under a similar . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice

Updated: 27 June 2022; Ref: scu.220265

Paragon Finance Plc v Noueiri: CA 24 Apr 2001

Application for leave to appeal.

Judges:

Keene LJ

Citations:

[2001] EWCA Civ 603, [2001] 1 WLR 2357

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Harris and others v The Society of Lloyd’s ComC 1-Jul-2008
Refusal of ;lay representation in Commercial Court . .
See Also – Paragon Finance Plc v Noueiri CA 4-Jul-2001
. .
See Also – Noueiri v Paragon Finance Plc (Practice Note) CA 19-Sep-2001
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 27 June 2022; Ref: scu.218124

Colley v Council for Licensed Conveyancers: CA 14 Feb 2001

Directions for lodging of further argument

Judges:

Schiemann, Sedley LJJ

Citations:

[2001] EWCA Civ 259

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Colley v Council for Licensed Conveyancers CA 17-Jul-2001
The applicant had sought to exercise his statutory right of appeal from a decision by his professional body. The judge had considered that leave was necessary under the rules, and granted limited permission. The applicant appealed, saying that his . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice

Updated: 27 June 2022; Ref: scu.217973

Mensah, Application for Permission; Mensah v Royal Berkshire and Battle Hospitals NHS Trust: CA 26 Jan 2001

Citations:

[2001] EWCA Civ 98

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mensah v Royal Berkshire and Battle Hospitals NHS Trust EAT 12-Dec-1997
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Discrimination, Employment

Updated: 27 June 2022; Ref: scu.217945

HM Attorney General v Times Newspaper, Kelsey and Leppard: CA 19 Jan 2001

Previous proceedings had been settled by an undertaking given by the newspaper to refrain from publishing certain material subject to provisos. It later sought a variation, the terms of which were not agreed by the Attorney General. It was then learned that the material was to be published in Russia.
Held: The matter came on as an urgent appeal but would require full argument, and an immediate order was refused.

Judges:

Waller LJ, Robert Walker LJ, Mance LJ

Citations:

[2001] EWCA Civ 38

Links:

Bailii

Jurisdiction:

England and Wales

Media, Litigation Practice

Updated: 27 June 2022; Ref: scu.217935

Mutch v Allen: CA 22 Jan 2001

Defendant’s appeal against part of an order made on a pretrial review. The part of the order appealed against is that by which the judge reversed an order previously made in the action on the case management conference by which the defendant was allowed to put written questions to the claimant’s medical experts under the provisions of CPR Part 35.6

Judges:

Simon Brown, Longmore LJJ

Citations:

[2001] EWCA Civ 76, [2001] PIQR P26, [2001] CPLR 200, [2001] CP Rep 77

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Personal Injury

Updated: 27 June 2022; Ref: scu.217946

Peakviewing (Interactive) Ltd and others v Secretary of State for Culture, Media and Sport: CA 28 Nov 2002

The Secretary of State had refused to grant a certifate as to a file under the 1985 Act thus disallowing certain capital allowances. The Rules said that a decision of the High Court would be final.

Judges:

Kennedy, Jonathan Parker LJJ

Citations:

[2002] EWCA Civ 1864

Links:

Bailii

Statutes:

Films Act 1985 Sch 1, Supreme Court Act 1981 16(1)

Jurisdiction:

England and Wales

Cited by:

Cited – CS v ACS and Another FD 16-Apr-2015
Rule Against Appeal was Ultra Vires
W had applied to have set aside the consent order made on her ancillary relief application accusing the husband of material non-disclosure. She complained that her application to have the order varied had been refused on the ground that her only . .
Lists of cited by and citing cases may be incomplete.

Income Tax, Media, Litigation Practice

Updated: 27 June 2022; Ref: scu.217857

Gwembe Valley Development Company Ltd v Koshy and others: CA 3 Dec 2002

Second application further to amend court order

Citations:

[2002] EWCA Civ 1805

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Gwembe Valley Development Company Ltd v Koshy and Another CA 25-Jul-2001
Application to amend order under slip rule. . .

Cited by:

See Also – DEG-Deutsche Investitions und Entwicklungsgesellschaft mbH v Koshy and Other (No 3); Gwembe Valley Development Co Ltd (in receivership) v Same (No 3) CA 28-Jul-2003
The company sought to recover damages from a director who had acted dishonestly, by concealing a financial interest in a different company which had made loans to the claimant company. He replied that the claim was out of time. At first instance the . .
See Also – Gwembe Valley Development Company Ltd v Koshy and Another CA 25-Jul-2001
Application to amend order under slip rule. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.217895

Beckingham v Hodgens: CA 4 Dec 2002

Renewed application for leave to appeal – refused – appeal against finding on facts.

Citations:

[2002] EWCA Civ 1901

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Beckingham v Hodgens ChD 2002
Copyright in music – custom amd practice within the industry. . .

Cited by:

Leave to appeal – Hodgens v Beckingham CA 19-Feb-2003
The defendant appealed a finding of infringement in a music copyright work, ‘Young at Heart’, based on a claim of joint authorship. The claimant had delayed his claim for many years, but now sought only rights to future royalties.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.217888

Coppard v Customs and Excise: CA 5 Nov 2002

Application for leave to appeal out of time – granted.

Citations:

[2002] EWCA Civ 1697

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Grant of leave – Coppard v The Commissioners of Customs and Excise, Lord Chancellor intervening CA 9-Apr-2003
The judge, a circuit judge who had been appointed a judge of the TCC, had adjudicated on the claimant’s case in the High Court in the false belief that the appointment allowed him to do so.
Held: The judge had not wilfully closed his eyes to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.217806

Barings Bank Plc and Another v Coopers and Lybrand (A Firm) and others: CA 18 Jul 2002

Application was made to set aside a leave to appeal in a case where the liquidators of the collapsed bank brought professional negligence claims against its auditors.
Held: The power to set aside leave is only to be exercised where some decisive authority has been overlooked so that the appeal is bound to fail, or where the court has been misled.

Judges:

Laws LJ, Jonathan Parker LJ

Citations:

[2002] EWCA Civ 1155

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Litigation Practice

Updated: 23 June 2022; Ref: scu.217359

ABCI v Banque Franco Tunisienne and others: CA 5 Jul 2002

Renewed application for leave to appeal.

Citations:

[2002] EWCA Civ 1117

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice, Arbitration

Updated: 23 June 2022; Ref: scu.217338

Whitehead and Another v Household Mortgage Corporation Plc: CA 27 May 2002

Renewed application for leave to appeal.

Citations:

[2002] EWCA Civ 912

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Application for leave – Household Mortgage Corporation plc v Whitehead and Another CA 14-Nov-2002
The mortgage lender had proved in the voluntary arrangement as an unsecured creditor. It had valued the security as less than the debt, and accepted a dividend on the portion remaining unsecured. It now sought to enforce the security. It was argued . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.217255

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.

Judges:

Peter Gibson, Jonathan Parker, Longmore LJJ

Citations:

[2002] EWCA Civ 759

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Nathan v Smilovitch and Another CA 1-Mar-2002
Application for leave to appeal. . .
Cited – The Iran Nabuvat CA 1990
The full Court of Appeal will not interfere with an order of a Single Lord Justice granting leave unless the applicant can show a factor not considered by the Lord Justice which would have the effect of rendering the appeal in respect of which leave . .
Cited – 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 . .

Cited by:

See Also – Nathan v Smilovitch CA 8-Nov-2002
. .
Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Cited – Otkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.217203

Jones v Williams: CA 27 May 2002

Judges:

Buxton LJ

Citations:

[2002] EWCA Civ 897

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – St Albans Girls School and Another v Neary CA 12-Nov-2009
The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now itself appealed, saying that the employment judge had wrongly had felt obliged to have . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.217186

Olatawura v Abiloye: CA 14 Mar 2002

Appeal from strike out of claim for failure to pay sum into court.

Judges:

Pill, Longmore LJJ

Citations:

[2002] EWCA Civ 364, [2002] All ER (D) 253 (Jul)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Olakunle O Olatawura v Alexander O Abiloye CA 17-Jul-2002
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25.
Held: . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.216969

Barron, Regina (on the Application of) v Surrey County Council: CA 18 Jan 2002

Directions for a hearing before a full three man court of appeal after finding that the point at issue was an important issue relating to access to the court of appeal in representative public law proceedings where the claim is brought by one person on behalf of herself and others who are involved in the same issue.

Judges:

Brook, Mance LJJ

Citations:

[2002] EWCA Civ 53

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Litigation Practice

Updated: 23 June 2022; Ref: scu.216679

Green v Vickers Defence Systems and Others: CA 12 Jun 2002

The deceased died after commencing a claim for personal injuries for mesothelioma. The action had been compromised with an agreement for a provisional consent order. After his death, his widow sought to claim on the basis as settled.
Held: Having settled the action on the basis that if the deceased developed the disease, he would be compensated on a full liability basis, it was not now open to the company to go back on that agreement. The parties could have formed an agreement which left open such questions, but they had not done so.

Judges:

Ward, Clarke, Collins LJJ

Citations:

Times 01-Jul-2002, Gazette 01-Aug-2002, [2002] EWCA Civ 904

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Distinguished – Hurditch v Sheffield Health Authority CA 1989
The plaintiff claimed for exposure to asbestosis. The parties could not agree as to his prognosis, and he claimed provisional damages. A written offer for provisional damages was made and accepted. The plaintiff requested judgment lodging a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice, Damages

Updated: 23 June 2022; Ref: scu.174125