Application by the police to delay service of a Cafcass report which was prepared on time by Cafcass and should have been served by now.
[2018] EWHC 1100 (Fam)
England and Wales
Updated: 24 April 2022; Ref: scu.618407
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the antigens of a hepatitis virus was patented with a priority date of 22 December 1978 but was conceded to have been obvious by 21 December 1979.
Held: The claim for a DNA patent was too broad; no new principle was shown, and other means were available of achieving the technical effect claimed. The question of whether an invention was obvious should be treated with appropriate respect by an appellate court, and specific findings of fact, even by the most meticulous judge, are inherently an incomplete statement of the impression which was made upon him by the primary evidence. Where the application of a legal standard such as negligence or obviousness involves no question of principle but is simply a matter of degree, an appellate court should be very cautious in differing from the judge’s evaluation. Disclosure must enable the invention to be performed to the full extent of the monopoly claimed.
Lord Hoffmann discussed a court of appeal reversing a decision of the first court: ‘The need for appellate caution in reversing the trial judge’s evaluation of the facts is based upon much more solid grounds than professional courtesy. It is because specific findings of fact, even by the most meticulous judge, are inherently an incomplete statement of the impression which was made upon him by the primary evidence. His express findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualifications and nuance (as Renan said, la verite est dans une nuance), of which time and language do not permit exact expression, but which may play an important part in the judge’s overall evaluation.’ and ‘Where the application of a legal standard such as negligence or obviousness involves no question of principle but is simply a matter of degree, an appellate court should be very cautious in differing from the judge’s evaluation.’
Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn of Hadley, Lord Hoffmann
Times 01-Nov-1996, [1997] RPC 1, [1996] UKHL 18, (1997) 38 BMLR 149
England and Wales
Appeal from – Biogen Inc v Medeva Plc CA 28-Nov-1994
The description in a patent application’s specification must be of an invention. . .
Cited – Allmanna Svenska Electriska A/B v The Burntisland Shipbuilding Co Ltd 1952
The question whether an the invention was obvious was ‘a kind of jury question’. As such, an appellate court should be reluctant to disturb it. If it was so obvious, the patent was invalid. . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Cited – Asahi Kasei Kogyo KK’s Application HL 1991
The House considered a case involving the issue of enablement of a particular peptide in a patent application.
Held: On the assumed facts that there had been a prior disclosure of the same invention neither the disclosed information nor common . .
Cited – Seb SAa v Societe De’Longhi Spa CA 4-Jul-2003
The claimant’s action for patent infringement had been dismissed on the basis that the patent was invalid for obviousness.
Held: There was material before the judge on which he could properly conclude as he did on the presence of common . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC) HL 28-Nov-2000
Copyright Claim: Was it Copied, and How Much?
The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
Cited – Hoff and others v Atherton CA 19-Nov-2004
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an independent solicitor to see the testatrix and ensure that . .
Cited – Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2) CA 11-Nov-1999
The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties.
Held: A film was protected as a . .
Cited – Harding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
Cited – Sherrington v Sherrington CA 22-Mar-2005
The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had remarried, and the will was challenged by his . .
Cited – Parker v Synder, Siddons, Price CA 1-Nov-2005
Application for leave to appeal, and to adduce further evidence. The claim alleged that the defendants had purchased his company for a nominal down payment, but then run the company down.
Held: The appeal against the refusal to admit new . .
Cited – Robin Sharp and Malcolm Bryson v Grace Collin Adam and Emma Adam and others CA 28-Apr-2006
The testator suffered secondary progressive multiple sclerosis. It was said that he did not have testamentary capacity. He had lost the power of speech but communicated by a speech board. The solicitor had followed appropriate standards in attesting . .
Applied – Angiotech Pharmaceuticals and Another v Conor Medsystems Inc CA 16-Jan-2007
The appellants challenged a finding that their patent for a vascular stent failed for obviousness.
Held: To overcome a judge’s finding in such a case some error of principle had to be shown. No such error was shown and the appeal failed. . .
Cited – Pozzoli Spa v BDMO Sa and Another CA 22-Jun-2007
The patentee had invented a method for storing CDs. The patentee sought leave to appeal a finding that its patent was invalid, and if successful, to appeal a finding that the defendant’s apparatus was not infringing.
Held: The application for . .
Cited – Gaines-Cooper v HM Revenue and Customs ChD 13-Nov-2007
The parties disputed the domicile of the tax-payer. He had a domicile of origin in the UK, but asserted that he had acquired a domicile of choice in the Seychelles. The Special Commissioners had allowed, in assessing the domicile at any time, of . .
Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Applied – Generics (UK) Ltd and others v H Lundbeck A/S (Costs) PatC 27-Jun-2007
The parties disputed the patentability of an anti-depressant drug Citalopram (Prozac).
Held: the claims were invalid for insufficiency. . .
Cited – H Lundbeck A/S v Generics (UK) Ltd and others CA 10-Apr-2008
The court heard an appeal against a finding that a patent for a chemical compound was invalid for insufficiency.
Held: The appeal succeeded.
Enough information to ‘work the invention’ meant in order to make the product. . .
Cited – Generics (UK) Ltd and others v H Lundbeck A/S HL 25-Feb-2009
Patent properly granted
The House considered the patentability of a chemical product, citalopram made up of two enantiomers, as opposed to the process of its creation, questioning whether it could be new or was insufficient within the 1977 Act.
Held: The appeal . .
Cited – Charania v Harbour Estates Ltd CA 27-Oct-2009
The defendant appealed against the award of the estate agent’s fees, acting under a sole agency agreement. The agreement had been terminated. A buyer who had seen the property first under the agency later returned and negotiated a purchase.
Cited – Cooper and Others v Fanmailuk.Com Ltd and Another CA 17-Dec-2009
F claimed to be the beneficial owner of shares registered in the names of the claimants. The appellants challenged a finding that the shares were held on trust for F, and the implication that the first appellant had presented a dishonest claim.
Cited – Lucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .
Cited – Regeneron Pharmaceuticals Inc v Kymab Ltd SC 24-Jun-2020
SC Kymab Ltd (‘Kymab’) alleges that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. The . .
Cited – Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another SC 14-Nov-2018
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four . .
Cited – Actavis Group PTC EHF and Others v ICOS Corporation and Another SC 27-Mar-2019
The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not . .
Cited – Shanks v Unilever Plc and Others SC 23-Oct-2019
The claimant appealed from refusal of statutory compensation under the 1977 Act. He had invented a form of pump which was used by his employers, the respondents in the management of diabetes management.
Held: The appeal succeeded: ‘the correct . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 April 2022; Ref: scu.78407
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been decided per incuriam.
Held: It was not for the Court of Appeal to direct a judge to ignore a decision of the House of Lords. The Young case gave guidance to be followed where conflicting decisions existed. ‘The bad conduct of the Plaintiff himself may also enter into the matter, where he has provoked the libel, or where perhaps he has libelled the defendant in reply. What is awarded is thus a figure which cannot be arrived at by any purely objective computation. This is what is meant when the damages in defamation are described as being ‘at large”. Rookes v Barnard was correct. The defendants having calculated that they would receive more from extra sales than they might have to pay in damages, it was open to the court to award exemplary damages. If, but only if, the sum awarded by way of compensation was inadequate to punish the defendant, the jury might mark their disapproval of his conduct by awarding a larger sum. The award of exemplary damages always remains discretionary. Compensatory and exemplary damages are ‘as incompatible as oil and vinegar’
Lord Hailsham considered the role of guidance on levels of damages from the court of appeal: ‘The first, and paramount consideration in my mind is that the jury is, where either party desires it, the only legal and constitutional tribunal for deciding libel damages including the award of damages. I do not think the judiciary at any level should substitute itself for a jury, unless the award is so manifestly too large . . that no sensible jury properly directed could have reached the conclusion . . The point is that the law makes the jury and not the judiciary the constitutional tribunal, and if Parliament had wished the roles to be reversed in any way, Parliament would have said so at the time of the Administration of Justice (Miscellaneous Provisions) Act 1933 . . It may very well be that, on the whole, judges, and the legal profession in general, would be less generous than juries in the award of damages for defamation. But I know of no principle of reason which would entitle judges, whether of appeal or at first instance, to consider that their own sense of the proprieties is more reasonable than that of a jury, or which would entitle them to arrogate to themselves a constitutional status in this matter which Parliament has deliberately withheld from them, for aught we know, on the very ground that juries can be expected to be more generous on such matter than judges.’
Lord Morris of Borth-y-Gest said: ‘I do not think that the word ‘calculated’ was used to denote some precise balancing process. The situation contemplated is where someone faces up to the possibility of having to pay damages for doing something which may be held to have been wrong but where nevertheless he deliberately carries out his plan because he thinks that it will work out satisfactorily for him.’
Otherwise Broome v Cassell and Co Ltd
Lord Hailsham of St Marylebone LC, Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Wilberforce, Lord Diplock and Lord Kilbrandon
[1972] 2 WLR 645, [1972] AC 1027, [1972] UKHL 3
Administration of Justice (Miscellaneous Provisions) Act 1933
England and Wales
Correct – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
Court of Appeal must follow Own Decisions
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
Cited – E Hulton and Co v Jones HL 1910
An article was written by a correspondent of an English newspaper reporting that at a large and well attended motor vehicle show in France there on the terraces was ‘Artemus Jones with a woman not his wife who must be you know – the other thing.’ . .
Cited – Australian Consolidated Press Limited v Uren PC 24-Jul-1967
The Board declined to interfere with the decision of the High Court of Australia not to review its jurisprudence on exemplary damages: ‘[I]n a sphere of law where its policy calls for decision and where its policy in a particular country is . .
Cited – Uren v John Fairfax and Sons Pty Ltd 2-Jun-1966
(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to . .
Cited – Ley v Hamilton HL 1935
The House approved awards of punitive or exemplary damages. Lord Atkin said: said that damages awards for defamation were not arrived at ‘by determining the ‘real’ damage and adding to that a sum by way of vindictive or punitive damages. It is . .
Cited – Manson v Associated Newspapers Ltd 1965
Widgery J said: ‘Of course, a newspaper is always published for profit. It is the purpose of a newspaper to make money and build up circulation. You must not go away with the idea that because of that any libel in a newspaper is a libel for which . .
Cited – Broadway Approvals Ltd v Odhams Press Ltd (No 2) CA 1965
A company’s mind is not to be assessed on the totality of knowledge of its employees. Malice was not to be established by forensic imagination however eloquently and subtly expressed.
Russell LJ said: ‘the law of libel seems to have . .
Cited – Mafo v Adams CA 1969
The plaintiff tenant was tricked out of the occupancy of the flat he was living in by a blatant fraud perpetrated by the defendant landlord. He sued for damages for fraud, and was awarded compensation for the inconvenience and discomfort. In a case . .
Cited – Fielding v Variety Incorporated CA 1967
. .
Cited – Practice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
Appeal from – Cassell and Co Ltd v Broome and Another CA 24-Mar-1971
. .
Cited – Hulton and Co v Jones HL 6-Dec-1909
The defendant newspaper published an article describing the attendance at a motor race at Dieppe. It described the antics, intending to refer to a fictitious person, of one Artemus Jones, and said of him that he was ‘with a woman who is not his . .
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
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 – Godfrey v Demon Internet Limited (2) QBD 23-Apr-1999
Evidence of Reputation Admissible but Limited
The plaintiff had brought an action for damages for defamation. The defendant wished to amend its defence to include allegations that the plaintiff had courted litigation by his action.
Held: A judge assessing damages should be able see the . .
Cited – Design Progression Limited v Thurloe Properties Limited ChD 25-Feb-2004
The tenant applied for a licence to assign. The landlord failed to reply, anticipating that delay would allow it to generate a better lease renewal.
Held: The delay was unreasonable and a breach of the landlord’s statutory duty, and was an act . .
Applied – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.
Cited – George Galloway MP v Telegraph Group Ltd QBD 2-Dec-2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly . .
Cited – Borders (UK) Ltd and others v Commissioner of Police of the Metropolis and Another CA 3-Mar-2005
The second defendant had received large numbers of stolen books and sold them from his stall. An application for compensation was made at his trial. Compensatory and exemplary damages were sought, but the court had to consider how to estimate the . .
Cited – Merson v Cartwright, The Attorney General PC 13-Oct-2005
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – A v Bottrill PC 9-Jul-2002
PC (New Zealand) The defendant was a pathologist who carried out cervical smears. His actions were found to be negligent.
Held: The Board considered whether it would be correct to require an additional . .
Cited – Rowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – Smith v ADVFN Plc and others QBD 25-Jul-2008
The claimant had brought multiple actions in defamation against anonymous posters on an online forum. The claimant sought to lift the stay which had been imposed because of the number of actions. The claimant had not yet paid outstanding costs . .
Cited – Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others ChD 19-Oct-2007
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement.
Held: In an action for breach . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
Cited – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
Cited – Thornton v Telegraph Media Group Ltd QBD 16-Jun-2010
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of.
Held: The application for summary judgment succeeded. The . .
Cited – Brugger v Medic-Aid Ltd PatC 1996
The defendant had admitted copying B’s drawings and designs for the creation of a nebulizer. To assist its election on damages, B sought preparation of details of the sales including costs and sale prices. When B also sought statutory damages, M . .
See Also – Cassell and Co Ltd v Broome (No 2) HL 24-Feb-1972
Their Lordships varied an order for costs already made by the House in circumstances where the parties had not had a fair opportunity to address argument on the point. As the ultimate court of appeal, the House has power to correct any injustice . .
Cited – Wright v Gregson and Others QBD 1-Jul-2010
The defendant denied that the words complained of were bore the defamatory meaning alleged, and asked the court to rule accordingly and to strike out he claim. He complained of comments about his intentions for the use of money raised for charitable . .
Cited – Lawrence and Another v Fen Tigers Ltd and Others QBD 4-Mar-2011
The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Cairns v Modi CA 31-Oct-2012
Three appeals against the levels of damages awards were heard together, and the court considered the principles to be applied.
Held: In assessing compensation following a libel, the essential question was how much loss and damage did the . .
Cited – Haney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
Cited – Dhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Cited – Turley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .
Cited – Lachaux v Independent Print Ltd and Another SC 12-Jun-2019
Need to Show Damage Increased by 2013 Act
The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act.
Held: The appeal . .
Cited – Simon and Others v Lyder and Another PC 29-Jul-2019
(Trinidad and Tobago) The Board was asked as to the well-known conundrum in the common law of defamation, namely the extent to which (if at all) two or more different statements made upon different occasions by the same defendant may be aggregated . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 April 2022; Ref: scu.174047
A later publication by the same defendant can be used to identify the plaintiff in an earlier publication. If the defendant did intend to refer to the plaintiff, it may be enough if the recipient understood it as referring to the plaintiff regardless of how unreasonable or extraordinary it may have been for the recipient to do so.
Lord Denning MR said: ‘whether one or more causes of action are to be included in one verdict or judgment will depend upon the exercise of the trial Judge’s judicial discretion.’ It is the practice of the English courts in defamation actions to favour a single award of damages, even where there is more than one cause of action.
The court should in interpreting a passage, look to the meaning which the ordinary and reasonable reader would give it on a first reading.
Lord Denning considered the use of evidence as to the meaning: ‘Many read the article. In England Sir Peter Scott did so. He said that the words ‘One is a wealthy benefactor of the Liberal party’ conveyed to him Mr. Jack Hayward. They did likewise to a Mrs. Cowper who gave evidence. In the Bahamas Mr. Hayward’s daughter and son-in-law read it and thought it referred to him. But the most telling evidence came from Mr. Hayward himself. He said that in the Bahamas, after the article, the telephone never stopped ringing, day or night, either at home or at the office. He set it out in a contemporary letter from the Bahamas: ‘The telephone has hardly stopped ringing since I returned and reporters from virtually every newspaper have been on the line.’ The most striking incident was that: . . ‘
Sir George Baker said: ‘There are few civil actions in which nothing new emerges in the course of the hearing.’
Sir Stanley Rees answered an argument that it was not open in law in any circumstances to rely upon a subsequent publication in order to provide evidence of a defamatory meaning or of identification in an earlier article. Counsel referred the court hearing that argument to a number of authorities, in which an original publication was of innocent material which only became defamatory upon the publication of subsequent material, submitting that the principle derived from the cited cases was that a writer of innocent matter could not, by reason of facts which came into existence subsequent to the original innocent publication, become liable in damages for libel because the subsequent material attributed a defamatory meaning to the innocent publication, saying: ‘The question we have to consider is whether that well-established principle applies to a case such as the instant one when (1) the original publication is defamatory; (2) when the second publication relied upon explicitly identifies the person defamed; and (3) it is published by the same party who published the original libel.’
The learned judge held that it was open to find that, as from the second publication, the plaintiff had been publicly named as the person referred to in the first article, which was defamatory.
Sir George Baker, Lord Denning MR, Sir Stanley Rees
[1982] 1 QB 47, [1981] 3 All ER 45
England and Wales
Cited – Wright v Gregson and Others QBD 1-Jul-2010
The defendant denied that the words complained of were bore the defamatory meaning alleged, and asked the court to rule accordingly and to strike out he claim. He complained of comments about his intentions for the use of money raised for charitable . .
Cited – Watkins v Woolas QBD 5-Nov-2010
The petitioner said that in the course of the election campaign, the respondent Labour candidate had used illegal practices in the form of deliberately misleading and racially inflammatory material.
Held: The claim succeeded, and the election . .
Cited – Lewis v Commissioner of Police of The Metropolis and Others (Rev 1) QBD 31-Mar-2011
The defendant sought a ruling on the meaning of the words but using section 69(4) of the 1981 Act. The claimant solicitor was acting in complaints as to the unlawful interception of celebrity voicemails by agents of the press. There had been debate . .
Cited – Economou v De Freitas QBD 27-Jul-2016
Failed action for defamation on rape allegations
The claimant had been accused by the defendant’s daughter of rape. He was never charged but sought to prosecute her alleging intent to pervert the course of justice. She later killed herself. The defendant sought to have the inquest extended to . .
Cited – Simon and Others v Lyder and Another PC 29-Jul-2019
(Trinidad and Tobago) The Board was asked as to the well-known conundrum in the common law of defamation, namely the extent to which (if at all) two or more different statements made upon different occasions by the same defendant may be aggregated . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 April 2022; Ref: scu.420204
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his own name. The father sought a conveyance of the two properties purchased into his own name, saying th eproperties were held on trust for him. The order was made upon the Lord Ordinary preferring the father’s evidence. The son’s appeal to the Inner House succeeded on the basis that the Lord Ordinary had gone ‘plainly wrong’. The father now appealed, saying that it wass not open to the Inner House to reverse such a finding.
Held: The appeal succeeded. Of the eight matters which concerned the Inner House, only four were significant and each had been considered by the lower court. Nor had the Inner House looked at the evidence as a whole. The essential issues in the case were ones of credibility of the witnesses. There were stark conflicts, and it was a matter for judge’s assessment of the witnesses. Hamilton had been misapplied.
Lord Neuberger, President, Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Hughes
[2013] UKSC 58, [2013] 1 WLR 2477, [2013] WLR(D) 323, 2013 GWD 25-471, 2013 SLT 1212, UKSC 2012/0112
Bailii, WLRD, Bailii Summary, SC Summary, SC
Scotland
Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
See Also – McGraddie v McGraddie and Another SCS 3-Nov-2009
The parties, father and his and and his wife, disputed whether advances of money had been by way of a gift from the father or otherwise, and accordingly whether property purchased in the son’s own name was to be transferred to the father.
See Also – McGraddie v McGraddie and Another SCS 7-May-2010
Consequential opinion as to remedies. . .
Appeal from – McGraddie v McGraddie and Another SCS 13-Mar-2012
. .
Cited – Clarke v Edinburgh and District Tramways Co HL 1919
The House considered the ability of an appellate court to reconsider the facts.
Held: The privileges enjoyed by a trial judge extend not only to questions of credibility.
Lord Shaw said that the judge enjoys ‘those advantages, sometimes . .
Cited – Yuill v Yuill CA 1944
Appellate Court’s Caution in Reassessing Facts
The Court of Appeal was invited to reverse the decision of the judge at first instance to accept the evidence of the petitioner (no evidence having been called by the respondent).
Held: The court considered the caution needed when overturning . .
Cited – Thomson v Kvaerner Govan Limited HL 31-Jul-2003
The defendant appealed reversal on appeal of the award of damages aganst them. The pursuer had been working within the hull of a ship, and the plank on which he was standing had snapped, causing him to fall. The plank should have been of sufficient . .
Cited – Hamilton and others v Allied Domecq Plc (Scotland) HL 11-Jul-2007
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it . .
Cited – Anderson v City of Bessemer City, North Carolina 19-Mar-1985
United States Supreme Court – The court explained some considerations for the deference to be given by an appellate court to findings of fact made by a lower court: ‘The rationale for deference to the original finder of fact is not limited to the . .
Cited – Housen v Nikolaisen 28-Mar-2002
Supreme Court of Canada – Torts – Motor vehicles – Highways – Negligence – Liability of rural municipality for failing to post warning signs on local access road — Passenger sustaining injuries in motor vehicle accident on rural road — Trial judge . .
Cited – Re B (A Child) (Care Proceedings: Threshold Criteria) SC 12-Jun-2013
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of . .
Cited – Brownlee’s Executrix v Brownlee 1908
A party claiming that a property transfer was by way of gift has the onus of displcing the presumption in law against donation. . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited – McGraddie v McGraddie and Another SCS 13-Mar-2012
The defender appealed against rejection of his assertion that monies paid to him by his father was by way of gift.
Held: His appeal succeeded. The Lord Ordinary’s conclusions were ‘plainly wrong’ when he stated that he did not find any of the . .
Cited – Henderson v Foxworth Investments Limited and Another SC 2-Jul-2014
It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator.
Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for . .
Cited – Carlyle (Scotland) v Royal Bank of Scotland Plc SC 11-Mar-2015
Assessing Whether 1st Judge was Plainly Wrong
The Court was asked whether, on an objective assessment of a what a developer and the bank had said to each other, the bank intended to enter into a legally binding promise to advance sums in the future to fund not only the developers purchase of . .
Cited – Perry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
Cited – Walsh v The Council of The Borough of Kirklees QBD 5-Mar-2019
No demonstrable error of assessment – no appeal
The claimant cyclist appealed from refusal of damages after being thrown from her bike on hitting a pothole in the road. The court had found it unproven that the pothole was dangerous.
Held: The evidence had been difficult. The court noted . .
Cited – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
Cited – Stocker v Stocker SC 3-Apr-2019
The parties had been married and divorced. Mrs S told M S’s new partner on Facebook that he had tried to strangle her and made other allegations. Mrs S now appealed from a finding that she had defamed him. Lord Kerr restated the approach to meaning . .
Cited – Simon and Others v Lyder and Another PC 29-Jul-2019
(Trinidad and Tobago) The Board was asked as to the well-known conundrum in the common law of defamation, namely the extent to which (if at all) two or more different statements made upon different occasions by the same defendant may be aggregated . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 April 2022; Ref: scu.514220
The claimant, who had held a vigil outside a local abortion clinic said that a Public Spaces Protection Order made by the defendant to restrict the activities of the protesters was unlawful. She now sought a protective costs order.
Held: The claimant had failed sufficiently to identify the possibly substantial financial resources of a backing organisation, and the protective costs order was refused.
Holman J
[2018] EWHC 1302 (Admin)
England and Wales
Updated: 23 April 2022; Ref: scu.618103
Applications brought by the claimants under section 41 of the County Courts Act 1984 for orders transferring their claims from the Central London County Court to the High Court. Such applications are usually straightforward; indeed, they are usually dealt with by consent. But these raise issues concerning the interplay of sections 41 and 42 of the CCA 1984 and the correct interpretation of CPR r 30.3(3). They also touch more generally on the relationship between judges of the High Court and the County Court.
Davison M
[2018] EWHC 1297 (QB)
England and Wales
Updated: 22 April 2022; Ref: scu.617222
Post judgment application for time to pay.
The Honourable Mr. Justice Marcus Smith
[2018] EWHC 1232 (Ch)
England and Wales
Updated: 22 April 2022; Ref: scu.616905
Judgment on costs and costs management for second wave of
Mirror Newspapers Hacking Litigation
Marsh CM
[2018] EWHC 1244 (Ch)
England and Wales
Updated: 22 April 2022; Ref: scu.616904
Morgan J
[2018] EWHC 1228 (Ch)
England and Wales
Updated: 22 April 2022; Ref: scu.616897
The defendant in this defamnation action sought disclosure from a third party, the claimant’s former employers. In a notorious child murder she said she had been blamed by the defendant for not seeking the child’s placement in care. She said that her requests for this had been turned down by the LA.
Tugendhat J
[2011] EWHC 296 (QB)
England and Wales
Updated: 22 April 2022; Ref: scu.429737
Application to set aside orders made for registration for enforcement of foreign judgment and associated asset freezing order.
AndrewHenshaw QC HHJ
[2018] EWHC 1084 (Comm)
England and Wales
Updated: 20 April 2022; Ref: scu.614945
Picken J
[2018] EWHC 1019 (Comm)
England and Wales
Updated: 20 April 2022; Ref: scu.614941
Incorrect disclosure of non-redacted material in closed hearing.
Irwin LJ, Green J
[2018] EWHC 977 (Admin)
England and Wales
See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
See Also – Belhaj and Another v Straw and Others QBD 21-Jul-2017
The claimant sought a declaration that the acts of the defendants had contributed to his unlawful rendition into US custody during the Iraq War, and that such actions were criminal. The Defendants applied for a declaration that these are proceedings . .
See Also – Belhaj and Another v Director of Public Prosecutions Admn 1-Dec-2017
The claimants alleged that the defendants had been involved in their unlawful rendition in 2004 from Thailand to Libya, in particular now challenging by judicial review the decision not to prosecute certain senior British Officers. . .
See Also – Belhaj and Another v Director of Public Prosecutions and Others (1) Admn 15-Mar-2018
A claim that the DPP erred in her decision not to prosecute for alleged involvement in the unlawful rendition of the Claimants to Libya. . .
See Also – Belhaj and Others v Director of Public Prosecutions and Others (2) Admn 15-Mar-2018
Second judgment on the scope of privilege to which we have both contributed – inadvertent disclosure . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 April 2022; Ref: scu.614973
The court was asked as to the proper construction of a consent order and, therefore, whether a cross claim upon which the Appellant relied has been preserved.
[2018] EWCA Civ 1032
England and Wales
Updated: 20 April 2022; Ref: scu.614920
Appeal in respect of an order made for cross-examination of the appellant in relation to assets he owns or controls, with a view to ensuring the effectiveness of a worldwide freezing order made against him.
[2018] EWCA Civ 819
England and Wales
Updated: 20 April 2022; Ref: scu.614901
Application to set aside judgment entered in default. The case raises issues as to when a non-party can be said to be ‘directly affected’ by a judgment or order for the purposes of CPR 40.9, which provides: ‘A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.’
Longmore, McCombe, Newey LJJ
[2018] EWCA Civ 879, [2018] WLR(D) 246
England and Wales
Updated: 20 April 2022; Ref: scu.614904
The claimants sought to appeal from a refusal of judicial review of a decision to issue search warrants. The court was now asked to consider whether this was a criminal matter so as to disallow any such appeal under the 1981 Act.
Held: The matter now under consideration could not be said to be free standing of the criminal matters, and no appeal could be brought.
[2018] EWCA Civ 815
Senior Courts Act 1981 18(1)(a)
England and Wales
Updated: 20 April 2022; Ref: scu.614895
Appeal from order striking out the claim as an abuse of process, being an attempt to relitigate a matter.
Lord Justice Chadwick
[2002] EWCA Civ 368
England and Wales
Updated: 20 April 2022; Ref: scu.170024
Earl of Selborne LC: ‘When no defence has been put in, then, by Order XXIX, rule 10 of the Rules of 1875, the plaintiff may set down the action or motion for judgment, ‘and such judgment shall be given as upon the statement of claim the Court shall consider the plaintiff to be entitled to.’ and ‘This means that the Court is to exercise some judgment in the case: it does not necessarily follow the prayer, but gives the plaintiff the relief to which, on the allegations in his statement of claim, he appears to be entitled; and if a defence has been put in, though irregularly, I think the Court would do right in attending to what it contains. If it were found to contain nothing, which, if provided, would be material by way of defence, the Court would disregard it. If, on the other hand, it discloses a substantial ground of defence, the Court will not take the circuitous course of giving a judgment without regard to it, and obliging the defendant to apply, under rule 14, to have that judgment set aside on terms, but will take steps to have the case properly tried on the merits.’ Cotton LJ: ‘I think it is the duty of a Judge, when an action comes before him on motion for decree in default of pleading, to look at everything the knowledge of which may enable him to do justice between the parties. The Plaintiff was entitled to move under Order XXIX, rule 10, but, especially having regard to rule 14, I do not think that where a defence has actually been put in, rule 10 can be construed as obliging the Court to pay no attention to it, because it was put in after time and without leave.’
Earl of Selborne LC, Cotton LJ
(1884) 26 Ch D 66
Rules of the Supreme Court 1875
England and Wales
Cited – Anson (Trading As Party Planners) v Trump CA 7-Apr-1998
The defendant had asked the claimant to organise a substantial party. The account was more than anticipated, and the defendant refused to pay the full amount claimed. She sought leave to appeal judgment in default. The defendant had filed a defence . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 April 2022; Ref: scu.220244
Guidance was given for pre-trial preparation and presentation of skeleton arguments in the Chancery under the new procedures. The court must be given a summary of the case at the start, and core bundles of documents prepared.
Times 24-May-1999
England and Wales
Updated: 20 April 2022; Ref: scu.89466
[2017] EWHC 2889 (Ch)
England and Wales
See Also – Koza Ltd and Another v Akcil and Others CA 18-Oct-2017
Appeal as to jurisdiction in dispute over control of English registered company based in Turkey. . .
See Also – Koza Ltd and Another v Akcil and Others ChD 21-Dec-2016
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 26-Feb-2018
Application to add party out of jurisdiction and for service . .
See Also – Koza Ltd and Another v Akcil and Others ChD 19-Jun-2018
Struggle for control of company . .
See Also – Koza Ltd and Another v Akcil and Others CA 23-May-2019
Whether proposed payments would be in breach of undertakings given as to dealing with assets in impending litigation. . .
See Also – Akcil and Others v Koza Ltd and Another SC 29-Jul-2019
The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 April 2022; Ref: scu.599637
Application to add party out of jurisdiction and for service
Richard Spearman QC sitting as a deputy High Court judge
[2018] EWHC 384 (Ch), [2018] WLR(D) 153
England and Wales
See Also – Koza Ltd and Another v Akcil and Others CA 18-Oct-2017
Appeal as to jurisdiction in dispute over control of English registered company based in Turkey. . .
See Also – Koza Ltd and Another v Akcil and Others ChD 21-Dec-2016
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 16-Nov-2017
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 19-Jun-2018
Struggle for control of company . .
See Also – Koza Ltd and Another v Akcil and Others CA 23-May-2019
Whether proposed payments would be in breach of undertakings given as to dealing with assets in impending litigation. . .
See Also – Akcil and Others v Koza Ltd and Another SC 29-Jul-2019
The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 April 2022; Ref: scu.605834
Whether proposed payments would be in breach of undertakings given as to dealing with assets in impending litigation.
[2019] EWCA Civ 891
England and Wales
See Also – Koza Ltd and Another v Akcil and Others CA 18-Oct-2017
Appeal as to jurisdiction in dispute over control of English registered company based in Turkey. . .
See Also – Koza Ltd and Another v Akcil and Others ChD 21-Dec-2016
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 16-Nov-2017
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 26-Feb-2018
Application to add party out of jurisdiction and for service . .
Appeal from – Koza Ltd and Another v Akcil and Others ChD 19-Jun-2018
Struggle for control of company . .
Appeal from – Koza Ltd and Another v Akcil and Others CA 23-May-2019
Whether proposed payments would be in breach of undertakings given as to dealing with assets in impending litigation. . .
Appeal from – Koza Ltd and Another v Akcil and Others CA 23-May-2019
Whether proposed payments would be in breach of undertakings given as to dealing with assets in impending litigation. . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 April 2022; Ref: scu.637978
Arrestments were used in the hands of A . . Company of all sums due by them to B. A . . Company were due a sum on an account to B’s firm of B . . Company, and they intimated the arrestment to them. Notwithstanding this, B . . Company sued A . . Company for the debt, and obtained a decree, upon which they gave a charge to A . . Company. Subsequent to the date of the decree, but prior to the date of the charge, the arrester of new used arrestments in the hands of A . . Company of all sums due by them to B as sole partner of B . . Company. A . . Company brought a suspension and consigned the sum due to B . . Company. B . . Company maintained that the arrestments were ineffectual in respect that B’s wife was also a partner in the firm of B . . Company. They produced a contract of copartnery purporting to show this, and they offered to prove that it was so. The Court, without allowing any inquiry, suspended The Charge Simpliciter, on the ground that the arrestee was entitled to be kept safe.
Lord Kincairney, Ordinary
[1898] SLR 35 – 441
Scotland
Updated: 17 April 2022; Ref: scu.612166
[2014] EWHC B2 (COP)
England and Wales
See Also – Committal for Contempt of Court (Practice Guidance) COP 3-May-2013
The court gave guidance on the practice to be followed on applications for committal for contempt of court in the Court of Protection, particularly as to the requirements for decisions to be made in public. . .
See Also – Practice Guidance (Transparency In The Court of Protection) CoP 16-Jan-2014
. .
See Also – Practice Guidance (Transparency In The Family Courts) FD 16-Jan-2014
The court gave guidance on the new practice in publishing judgments by default, and for arrangements for anonymisation of appropriate parties. . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 April 2022; Ref: scu.521130
The petitioners in a combined section 459 and contributories’ winding up petition sought interim relief akin to an ordinary freezing order but which was designed specifically to prevent the assets of the company from dissipation, and similar relief against certain of the company’s subsidiaries. Counsel for the respondents submitted that the application for that interim relief was fatally flawed (under Ravenhart) because the petition did not assert any cause of action for restitution or other monetary payment, but rather an order for the purchase of the petitioner’s shares by one or more of the respondents, or alternatively an order for compulsory winding up. The continuation of relief against the subsidiaries was abandoned by consent.
Held: The court rejected counsel’s submissions based upon Premier Electronics. It expressly adopted Pumfrey J’s. conclusion that a section 459 petition asserted a sufficient cause of action against the company to justify Mareva relief, that an interim order preventing the dissipation of the company’s assets pending the hearing of the petition was well within the court’s jurisdiction as a means of preserving the effectiveness of any order which might be made upon the hearing of the petition.
Etherton J
[2004] 2 BCLC 376, [2004] EWHC 76 (Ch)
England and Wales
Cited – HM Revenue and Customs v Egleton and others ChD 19-Sep-2006
The claimants had applied for the winding up of a company for very substantial sums of VAT due to it. Anticipating that hearing, it now sought restraining orders against the director defendants, alleging that there had been a carousel or missing . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 April 2022; Ref: scu.245161
‘application by the claimant, the Bank, for a mandatory injunction requiring the defendant, Mr Ablyazov, to surrender himself to the tipstaff and to file a full and proper disclosure affidavit of assets and also for an order that, unless he does so, his defence to the several actions brought against him in this court shall be struck out and the Bank will be entitled to enter judgment against him.’
Teare J
[2012] EWHC 455 (Comm)
England and Wales
Updated: 15 April 2022; Ref: scu.452304
Court can award costs where solicitors negligence results in costs to client.
Times 09-Jul-1993
Courts and Legal Services Act 1990 4
England and Wales
Updated: 15 April 2022; Ref: scu.84705
There is no general rule that failure of lawyer should always be left with the client.
Times 07-Mar-1996
England and Wales
Updated: 15 April 2022; Ref: scu.84670
Failure to find caution for expenses
[2018] ScotCS CSIH – 27
Scotland
Updated: 14 April 2022; Ref: scu.609362
supplemental judgment
Hildyard J
[2018] EWHC 792 (Ch)
England and Wales
Updated: 13 April 2022; Ref: scu.609077
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine.
Nicklin J
[2019] QB 344, [2018] EWHC 67 (QB) (Rev 3
Contempt of Court Act 1981 11, Data Protection Act 1998, General Data Protection Regulation 2016/679
England and Wales
Cited – Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .
See Also – NT 1 and Another v Google Llc QBD 15-Feb-2018
The claimants sought injunctions to restrain the defendant search engine from listing details of historic convictions. They now sought anonymisation of the proceedings pending trial, and the court considered the form of that anonymisation. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.603728
Reasons for grant of interim non-disclosure order.
[2018] EWHC 214 (QB)
England and Wales
Updated: 13 April 2022; Ref: scu.604809
Application by the claimant for an interim payment pursuant to Part 25 of the Civil Procedure Rules in respect of its claim for damages against the defendant. The defendant opposes the application on the ground that the court can’t be satisfied that if the matter went to trial, Triuva would obtain judgment for a substantial amount of money. If, and to the extent that the claimant succeeds, GTC seeks to pass on the application to the third party.
Mrs Justice O’Farrell
[2017] EWHC 275 (TCC)
England and Wales
Updated: 13 April 2022; Ref: scu.599739
The claimant sought an injunction expressed to be against unknown persons.
Held: Morgan J expressed a degree of concern about orders having this effect, but concluded that (particularly in light of the South Cambridgeshire decision) this procedure was now open to claimants in cases outside section 187B of the Town and Country Planning Act 1990: ‘ I was concerned at the idea that the court might be asked to grant a quia timet injunction against persons who had not yet committed the acts which the injunction would prevent them from doing but yet they would be defined as defendants as Persons Unknown who have committed such acts. For example, the First Defendants are defined as Persons Unknown entering or remaining on specified areas of land but when the proceedings were issued and the ex parte injunctions were granted, no one had entered on the specified land as a trespasser (subject to the possibility that there might have been a trespass on Site 1). Proceeding in this way would seem to produce the result that at the time when the court made its order there were no persons within the defined category of Persons Unknown. How then, later, did some persons come within that category and become subject to the court’s order? Did they become parties by their unilateral action which was action forbidden by the court’s order?’
Morgan J
[2017] EWHC 2945 (Ch)
England and Wales
Cited – South Cambridgeshire District Council v Gammell CA 2005
The Council had taken out an injunction under section 187B of the 1990 Act to prevent unknown persons placing caravans on certain lands. The defendants acted in breach of those injunctions, and the Council requested their committal for contempt. The . .
Cited – Vastint Leeds Bv v Persons Unknown ChD 24-Sep-2018
The claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.601822
Refusal of leave to appeal after failure to complay with requirement of payment into court.
Patten LJ
[2017] EWCA Civ 1830
England and Wales
Updated: 13 April 2022; Ref: scu.599425
Appeal from refusal of order for disclosure of claimant’s ‘Credit Process Guide’ in claim of professional negligence.
Nugee J
[2013] EWHC 4538 (Ch)
England and Wales
Updated: 13 April 2022; Ref: scu.592403
application for pre-action disclosure
Application for pre-action disclosure in dispute between genealogical research companies.
Dingemans J
[2017] EWHC 1277 (QB)
England and Wales
Updated: 13 April 2022; Ref: scu.584203
Judgment on an application by the Claimants to extend the life of an extended civil restraint order.
[2017] EWHC 887 (Ch)
England and Wales
Updated: 13 April 2022; Ref: scu.581968
The proceedings were a nullity, the plaintiff having died before proceedings were commenced.
Held: There was no power to substitute another plaintiff such as the deceased’s legal personal representatives to get around the nullity.
(1866) LR 2 Exch 54, 36 LJEx 15
England and Wales
Cited – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.571918
However imminent and certain is an expected change in the law improving a party’s position a stay for the purpose is not allowed.
Times 02-Feb-1998
England and Wales
Updated: 13 April 2022; Ref: scu.89137
Lord Jessel MR said: ‘Now it is true that it is not the practice of the Court, and was not the practice of the Court of Chancery, to decide as to future rights, but to wait until the event has happened, unless a present right depends on the decisions, or there are some other special circumstances to satisfy the Court that it is desirable at once to decide on the future rights. But where all the parties who in any event will be entitled to the property are of age and are ready to argue the case, the reason of the rule departs, and it becomes a bare technicality. The reason of the rule is this, that the Court will not decide on future rights, because until the event happens it does not know who may be interested in arguing the question, and therefore may be shutting out parties who, when the event happens, may be entitled to succeed, but where they are all of age, and every possible party is represented before the Court, as I said before, utility seems to say that there should be a power to determine their rights, as is the case in Scotland and in many other countries.’
Jessel MR
[1882] 21 ChD
England and Wales
Cited – Re JS (Disposal of Body) FD 10-Nov-2016
Child’s Wish for post-mortem cryonic Preservation
JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.571415
Ord 16, rr. 2 and 11 Ord 16, r 2, provided that, where an action had been commenced in the name of a wrong plaintiff, the court might, if satisfied that it had been so commenced through bona fide mistake and that it was necessary for the determination of the real matter in dispute so to do, order any other person to be substituted. Ord. 16, r. 11, provided that no cause or matter should be defeated by reason of the misjoinder or nonjoinder of parties and that the court might in any cause or matter deal with the matter in controversy so far as regarded the rights and interests of the parties actually before it, and also that the court might at any stage of the proceedings order that the names of any persons improperly joined as plaintiffs or defendants be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined be added.
Held: A non-existent person cannot sue.
Russell J said that rule 2 meant that, where an action had been commenced between two living parties by a living plaintiff and that plaintiff turned out afterwards to be the wrong person, the court could substitute another for him. ‘But it does not justify the court, in creating a plaintiff in an action for the first time’ and the ‘parties’ referred to in rule 11 were living persons, and that that rule did not carry the plaintiff any further. The Rules of 1883 had made no change in the position, which was still as it had been under the Act of 1852.
Russell J
[1920] 2 Ch 24, [1920] All ER 419
England and Wales
Cited – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.571919
The process of testing whether a new cause of action was proposed by an amendment of pleadings to bring into question application of the Limitation Acts, was conducted by asking at what level of abstraction was it claimed that there were one or two causes. Is a different duty relied upon, the nature and extent of the breach, and what is the group of material facts relied upon.
Times 02-Mar-2001, Gazette 20-Apr-2001
England and Wales
Appeal from – Savings and Investment Bank Ltd (in Liquidation) v Fincken CA 6-Nov-2001
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have . .
See Also – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.89031
The applicant, defendant in the main proceedings, sought an injunction to restrain the solicitors from acting for the claimant and from making any use of documents which had come into their privileged possession whilst acting for him.
Beatson J
[2011] EWHC 2649 (Comm), [2012] PNLR 4
England and Wales
Cited – 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 . .
Cited – Ablitt v Mills and Reeve (A Firm) and Another ChD 24-Oct-1995
A solicitor receiving privileged documents where there had been an obvious, error should return them. The defendant solicitors who, on their client’s instructions, reviewed privileged information sent to them in error by counsel for the other party, . .
Cited – Koch Shipping Inc v Richards Butler (a Firm) CA 22-Jul-2002
The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant . .
Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .
Cited – English and American Insurance Co Ltd and Others v Herbert Smith ChD 1987
Where documents with the benefit of legal professional privilege come into the hands of the opposing side, the court should be ready to grant an injunction to prevent their misuse. . .
Cited – S v Switzerland ECHR 28-Nov-1991
Access to legal advice on a private and confidential basis is a fundamental principle not lightly to be interfered with. Fair trial rights may require communications with lawyers to be protected, and that confidential communications between lawyers . .
Cited – David Lee and Co (Lincoln) Ltd v Coward Chance ChD 1991
The liquidator of two companies brought actions asserting fraud, including by a firm of solicitors as to a faudulent breach of trust. Two firms which had been previously involved on differing sides, merged. The defendants sought an order to prevent . .
Cited – Re a firm a solicitors CA 20-Jun-1991
Where a conflict of interest in a firm of solicitors acting is suggested, the proper approach ‘is to consider whether a reasonable man informed of the facts might reasonably anticipate such a danger.’ Where a Chinese Wall is proposed, ‘Save in a . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 April 2022; Ref: scu.445644
The Plaintiffs had filed evidence of the contents of without prejudice negotiations in order to resist an application by the Defendants to strike out the action for want of prosecution. The question was whether they were entitled to rely on such evidence or whether they were precluded from doing by reason of the fact that the negotiations were without prejudice.
Held: The court considered that reliance upon such without prejudice communications did not infringe, in those particular circumstances, the public policy in favour of exclusion.
Hirst LJ described these circumstances as a ‘narrow context’. To admit it would not infringe the public policy in favour of exclusion, concluding: ‘Consequently I am unable to see how exposure to the course of negotiations in this narrow context is in any way harmful to either side. If the application succeeds, the action will be at an end. If it fails, and the case proceeds to trial, the material will not be available to the trial judge and he will not be in any way embarrassed.
For the above reasons I accept Mr. Bloom’s submissions, which seem to me to have particular force in relation to reliance upon an alleged estoppel . . It seems to me to be manifest that a plaintiff must be entitled to rely for this purpose on any relevant statements in the without prejudice correspondence to demonstrate either conduct or an implied intimation by the defendant that he is willing for the case to proceed.’
Hirst, Mann and Balcombe LJJ
[1993] 1 WLR 354, [1993] 2 All ER 567, [1993] 2 EGLR 239
England and Wales
Cited – Ravenscroft v Canal and River Trust ChD 14-Sep-2016
Special Circumstances to appoint McKenzie Friend
An application was made to have a nominated person appointed as McKenzie friend and as advocate for the claimant. The claimant’s narrow boat had been seized by the defendant for non payment of licence fees and for not having a Pleasure Boat . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.569655
Lopes LJ said: ‘It appears to us contrary to all rules of evidence, and opposed to natural justice, that the evidence of one party should be received as evidence against another party, without the latter having an opportunity of testing its truthfulness by cross-examination.’
Lopes LJ
[1894] P 248
Cited – Chilton v Saga Holidays Plc CA 3-Dec-1984
At a trial under the small claims procedure, the registrar had declined to allow the defendant company to dross examine the plaintiff, and the counr court judge had held that decision to be well within the registrar’s discertion under the rules, on . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.568890
Appeal against the order refusing to set aside an extension of time for service of the claim form
Roth J
[2016] EWHC 1390 (Ch)
England and Wales
Updated: 12 April 2022; Ref: scu.565555
Application for interim injunctions to suport litigation in Israel between two Israeli parties.
Snowden J
[2015] EWHC 3357 (Ch)
Civil Jurisdiction and Judgments Act 1982 25
England and Wales
Updated: 12 April 2022; Ref: scu.555020
The claimant was a litigant in person who said that he had misunderstood the relevant provision of the CPR.
Maurice Kay LJ said: ‘I accept that there may be facts and circumstances in relation to a litigant in person which may go to an assessment of promptness but, in my judgment they will only operate close to the margins. An opponent to a litigant in person is entitled to assume finality without expecting excessive indulgence to be extended to the litigant in person. It seems to me that, on any view, the fact that a litigant in person ‘did not really understand’ or ‘did not appreciate’ the procedural courses open to him for months does not entitle him to extra indulgence.’
Maurice Kay VP, Munby, Lewisn LJJ
[2012] EWCA Civ 1289
England and Wales
See Also – Tinkler and Another v Elliott CA 7-Jul-2011
Application for leave to appeal. Litigant in person failing to understand CPR. Leave granted. . .
Appeal from – Tinkler and Another v Elliott QBD 15-Mar-2012
The defendant, subject to a civil restraint order, sought leave to appeal against judgment entered against him in his absence. . .
Cited – McGrath v Independent Print Ltd QBD 26-Jul-2013
The claimant alleged defamation in an article on the defendant’s web-site discussing a failure of his earlier defamation action. He now sought directions for a jury trial. . .
See Also – Tinkler and Another v Elliott CA 7-May-2014
The defendant appealed against permission given to the claimant to bring allegations of contempt of court. The claimant was acting in person. . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.464784
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 the Irish Free State. He had been arrested in London and interned in Ireland, but the appellant had given assurances to the House of Commons that he could request and cahieve his return.
Held: The appeal was dismissed on jurisdictional grounds.
A writ of Habeas Corpus is perhaps the most important writ known to the constitutional law of England affording as it does a swift and imperative remedy in all cases of illegal restraint or confinement. It is of immemorial antiquity, an instance of its use occurring in the thirty third year of Edward I. It has through the ages been jealously maintained by the courts of law as a check upon the illegal usurpation of power by the executive at the cost of liege.
Lord Atkinson said that a writ of habeas corpus: ‘operates with coercive force upon the Home Secretary to compel him to produce in Court the body of the respondent. If the Executive of the Free State adhere to the arrangement made with him he can with its aid discharge the obligation thus placed upon him. If the Irish Executive should fail to help him he would be placed in a very serious position. Unless this Executive breaks what has been styled its bargain with the Home Secretary he had, in effect, the respondent under his power and control. It would be rather unfair to this Executive to assume gratuitously beforehand that it would not keep the bargain made with it, simply because that bargain was not enforceable at law.’
Lord Birkenhead, Lord Atkinson
[1923] AC 603
England and Wales
Appeal from – Regina v Secretary of State for Home Affairs, Ex parte O’Brien CA 1923
Mr O’Brien had been arrested in London under regulation 14B of the Restoration of Order in Ireland Regulations 1920 and deported to Ireland there to be interned until further order. A writ of habeas corpus was sought as against the governor of . .
Cited – The Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
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 . .
Distinguished – Zabrovsky v The General Officer Commanding Palestine PC 4-Dec-1946
Mr Zabrovsky’s son, Arie Ben Eliezer, a Palestinian citizen, was detained under emergency powers regulations. He was issued with an order requiring him to leave Palestine. He was then transported to a military detention camp in Eritrea. At the time, . .
Cited – Ex parte Mwenya CA 1959
A writ of habeas corpus might issue to Northern Rhodesia.
Such a writ of should only be issued where it can be regarded as ‘proper and efficient’ to do so. However, it remains ‘the most efficient protection yet developed for the liberty of the . .
Cited – 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 . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.470605
It is undesirable that different judges of the same division should speak with different voices. A judge of first instance ought usually follow the decision of another judge of the same court unless there are substantial reasons for believing that the initial judgment was wrong.
Wilberforce J
[1961] Ch 507, [1961] 2 All ER 413
England and Wales
Cited – Howard v Howard-Lawson Bt CA 18-Jan-2012
The parties disputed the effect of a names and arms clause in a will.
Held: The gift did not fail. ‘The submission that the testator would have been concerned to have the heir take up and use the Howard name as soon as possible is in my . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.450441
The appellant challenged a costs order. It owned property on which grew certain trees. A neighbour complained of the incursion of roots, and began an action. The Council, having removed the trees said that it should not have been ordered to pay the costs of a quia timet injunction.
Patten LJ, with whom Longmore and Rafferty LJJ agreed, formulated a stringent test:
‘The court has an undoubted jurisdiction to grant injunctive relief on a quia timet basis when that is necessary in order to prevent a threatened or apprehended act of nuisance. But because this kind of relief ordinarily involves an interference with the rights and property of the defendant and may (as in this case) take a mandatory form requiring positive action and expenditure, the practice of the court has necessarily been to proceed with caution and to require to be satisfied that the risk of actual damage occurring is both imminent and real. That is particularly so when, as in this case, the injunction sought is a permanent injunction at trial rather than an interlocutory order granted on American Cyanamid principles having regard to the balance of convenience. A permanent injunction can only be granted if the claimant has proved at the trial that there will be an actual infringement of his rights unless the injunction is granted.’
Longmore, Patten, Rafferty LJJ
[2012] EWCA Civ 56, [2012] 1 WLR 2375
England and Wales
Cited – Network Rail Infrastructure Ltd v Williams and Another CA 3-Jul-2018
Japanese Knotweed escape is nuisance
The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in . .
Cited – Vastint Leeds Bv v Persons Unknown ChD 24-Sep-2018
The claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.450533
Rasolutions and differences when a bar in one action, shall be a bar in another
[1572] EngR 137, (1572-1616) 6 Co Rep 7, (1572) 77 ER 263
England and Wales
Updated: 12 April 2022; Ref: scu.432103
Application to discharge freezing order.
David Steel J
[2010] EWHC 784 (Comm)
England and Wales
See Also – Yukos Capital Sarl v OJSC Rosneft Oil Company ComC 14-Jun-2011
Determination of preliminary issues in application to enforce arbitration awards. . .
See Also – Yukos Capital Sarl v OJSC Rosneft Oil Company CA 27-Jun-2012
The court was asked to enforce an award of a foreign court, but the claimant objected to admission of evidence as to the procedures underlying the obtaining of the judgment which might go to show unfairness.
Held: International comity and the . .
See Also – Yukos Capital Sarl v OJSC Rosneft Oil Company ComC 3-Jul-2014
Preliminary questions relating to the entitlement of the Claimant to recover interest on principal sums awarded in four awards by arbitration tribunals with a Russian seat. . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.408677
Saunders excepted to a judgment in a quod ei deforceat in the Grand Sessions protestando to follow in nature of a writ of entry in the post the tenant vouoht the demandant counterpleaded that it was out of the line, and after adjournment there to another term on demurrer, judgment peremptory was given, which per Jones pro defendant in the error is well on 8 H. 7, 7, per Vavisor, 11 H. 4, 22, peremptory, Br. 9 and 10, for albeit in an assize the party can vouch none but the party named in the writ, yet however when this is counterpleaded it’s peremptory, which the Court agreed after verdict, but this being after demurrer, adjornatur.
[1685] EngR 3792, (1685) 2 Keb 553, (1685) 84 ER 347 (D)
England and Wales
Updated: 12 April 2022; Ref: scu.400567
In an action upon the case Mr Wynne moved on affidavit that the defendant did not know the plaintiff that the attorney for the plaintiff might give an account who his client was, and where he lived, But the Court refused it, saying it had never
been done but in a qui tam
[1795] EngR 603, (1795) 2 Str 705, (1795) 93 ER 796 (C)
England and Wales
Updated: 12 April 2022; Ref: scu.352948
[1789] EngR 805, (1789-1817) 2 Ves Jun Supp 331, (1789) 34 ER 1119 (A)
England and Wales
Updated: 12 April 2022; Ref: scu.366436
Trover lies for an undivided part of a chattel. A power of attorney, though coupled with an interest, is instantly revoked by the death of the grantor, and an act afterwards bona fide done uuder it, by the grantee, before notice of the death of the grantor, is a nullity. If a plaintiff suing in trover as administrator is so described on the face of the declaration, and makes a profert an curia of the letters of administration, it is unnecessary, on not guilty pleaded, to produce them at the trial, although the cause of action accrued after the death of the intestate. The official letter of the commander of a convoy to the Admiralty, at the end of the voyage, seems good evidence of the facts therein stated respecting the ships under convoy.
[1815] EngR 1145, (1815) 4 Camp 272, (1815) 171 ER 87
England and Wales
Cited – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.336955
In ordering further and better particulars, the court will not compel the plaintiff to give particulars of payments made by the defendant.
[1853] EngR 718, (1853) 13 CB 847, (1853) 138 ER 1436
England and Wales
Updated: 12 April 2022; Ref: scu.294704
[1840] EngR 588, (1840) 11 Ad and E 941, (1840) 113 ER 672
England and Wales
Updated: 12 April 2022; Ref: scu.310014
On the hearing of a cause, in which the question intended to be brought-up for decision depended on the form of the pleadings, and the House, after argument, was of opinion that the pleadings would not allow that question to be properly decided, time was given to allow an arrangement between the parties, by which the pleadings might be altered for that purpose.
[1854] EngR 299, (1854) 4 HLC 1088, (1854) 10 ER 788
England and Wales
Updated: 12 April 2022; Ref: scu.293156
When it is referred back to a Master to rerview his report, he is at liberty to receive further evidence. A Master having found a certain sum due from certain parties, those parties took two exceptions to the Master’s report, by the first of which they submitted that the Master ought not to have so found and certified as he had found and certified ; and by the other of which they submitted that he ought either to have found nothing due from them, or that a certain sum, and no more, was due from them ; and they, at the same time, presented a petition praying a reference back to the Master to review his report, with certain directions as to particular items of account. The Vice-Chancellor made one order on the petition and the exceptions by which he merely allowed the exceptions, and referred it back to the Master to review his report. Held, That, under this order, the only inquiry which the Master could make was, whether anything, or a sum not exceeding the sum mentioned in the second exception, was due.
[1838] EngR 835, (1838) 3 My and Cr 645, (1838) 40 ER 1075
England and Wales
Updated: 12 April 2022; Ref: scu.312841
[1860] EngR 1196, (1860) 6 H and N 160, (1860) 158 ER 66
Updated: 12 April 2022; Ref: scu.286035
The plaintiffs were trustees of an occupational pension scheme. It began professional negligence proceedings to recover an expected surplus paid to the employer by the solicitors whose advice had been acted on. The anticipated costs were disproportionate, so the case was assigned with the consent of the court to beneficiaries who sued under legal aid. They then applied to the court to be substituted as plaintiffs.
Held: The application failed. The trustees had not failed in the performance of their duty to protect the trust estate by declining to continue the action and the applicants had no cause of action against the solicitors since they had no legal or equitable property in the subject-matter of the action. They were simply beneficiaries of any property recovered by the trustees. The trust estate would probably be liable for costs if the action failed and there was nothing in the rules of court to justify handing over the conduct of the action against the third party and accordingly he had no jurisdiction to make the orders sought.
Baker QC J
[1995] 1 WLR 1405
England and Wales
Cited – Roberts v Gill and Co and Another CA 15-Jul-2008
The claimant sought damages in negligence against solicitors who had advised the executors in an estate of which he was a beneficiary. He now sought to amend his claim to make a claim in his personal and in derivative capacities. Sums had been paid . .
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.279804
Lord Jauncey of Tullichettle said: ‘Where there are concurrent findings of fact in the courts below generally this House will interfere with those findings only where it can be shown that both courts were clearly wrong. It is nothing to the point that this House might on the evidence have reached a different conclusion, The principle does not depend upon the advantage possessed by the judge of first instance of seeing and hearing the witnesses – that advantage will already have been reflected in the decision of the lower appellate court to confirm the findings of the judge.’
Lord Jauncey of Tullichettle
1990 SC (HL) 63
Scotland
Cited – Hicks v Chief Constable of the South Yorkshire Police HL 5-Mar-1992
The plaintiffs sought damages after watching television scenes of the football match at Hillsborough at which their two daughters died after disorder.
Held: Neither the risk of future injury nor anxiety at the prospect of future injury is . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.272832
The plaintiff, as a beneficiary under a will, sued the executors of the will and the trustees of a settlement made by him.
Held: The court directed that the other beneficiaries of the trust should be joined as defendants to avoid multiplicity of action.
Kay J
(1887) 16 LT 471
England and Wales
Cited – Roberts v Gill and Co and Another CA 15-Jul-2008
The claimant sought damages in negligence against solicitors who had advised the executors in an estate of which he was a beneficiary. He now sought to amend his claim to make a claim in his personal and in derivative capacities. Sums had been paid . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.279801
Wall J
[2000] 2 FCR 193
England and Wales
Cited – X and Y, Re Bundles FD 22-Aug-2008
The court considered the continuing failure of parties to follow the requirements as to preparation of court bundles, and particularly in urgent applications: ‘This continuing failure by the professions to comply with their obligations is simply . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.272842
Lord O’Hagan appeared to consider it sufficient that the evidence in rebuttal of a presumption in, whatever its nature, should be clear.
(1874) LR VII HL 53
England and Wales
Cited – Frear v Frear and Another CA 2-Dec-2008
Claim for interest in land
The claimant asserted an interest in the house in his mother’s estate and claimed against the personal representatives. He had lived in the house with his mother. He had previously assisted in the purchase of an earlier family home after being . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.278402
The plaintiff mine-owner having had a contract that the neighbouring land owner would not refill its reservoir which would result in its workings being flooded, and that contract having expired, now sought an injunction to prevent the reservoir from being refilled.
Held: The injunction could be granted in anticipation of the threatened action of refilling the reservoir.
Lord Hanworth MR said: When the Court has before it evidence sufficient to establish that an injury will be done if there is no intervention by the Court – it will act at once, and protect the rights of the party who is in fear, and thus supply the need of what has been termed protective justice. It is a very old principle. Sir E. Coke, 2nd Institute, p. 299, says 242 that ‘preventing justice excelleth punishing justice,’ and quotes Bracton’s advice: ‘Et hoc faciat tempestive, ne per negligentiam damnum incurrat, quia melius est in tempore occurrere quam post causam vulneratam remedium quaerere.’ (roughly: ‘it is better to restrain in time than to seek a remedy after the injury has been inflicted.’)
And
‘A quia timet action is not based upon hypothetical facts for the decision of an abstract question. When the court has before it evidence sufficient to establish that an injury will be done if there is no intervention by the court – it will act at once, and protect the rights of the party who is in fear, and thus supply the need of what has been termed protective justice. It is a very old principle. . . . in the smallpox hospital case . . . Chitty J said that where it is certain that injury will arise, the court will at once interfere by injunction; and called attention to the words of Lord Eldon . . .: ‘extreme probability of irreparable injury’ and of Lord Brougham . . . from these authorities it appears that the action of the court in a quia timet action is one rather of procedure when it has become seized of facts which require its intervention. It takes the facts as they must appear to practical men; but it does require facts, and not mere suggestion.’
Lord Hanworth MR
[1927] WN 30, [1928] Ch 235
England and Wales
Appeal from – Graigola Merthyr Co Ltd v Swansea Corporation (No 2) 1928
The plaintiffs owned two collieries, worked as one. The defendant owned an adjacent reservoir, constructed in pursuance of a special Act, incorporating sections from the Waterworks Clauses Act 1847. Wanting to take their seams under the reservoir, . .
Earlier proceedings – Graigola Merthyr Co Ltd v Swansea Corporation 1926
In cases involving expert evidence only two experts are to be heard on each side, unless the judge is satisfied that by reason of special circumstances justice cannot be done without hearing further expert evidence. This rule does not exclude either . .
Cited – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’) 1993
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following:
1. Expert evidence presented to the Court should be, and should be seen to be, the . .
Cited – Anglo Group Plc, Winther Brown and Co Ltd v Winter Brown and Co Ltd, BML (Office Computers) Ltd, Anglo Group Plc, BML (Office Computers) Ltd TCC 8-Mar-2000
Contract – Contract for provision of computer services – purchaser contract with finance company – duty of co-operation to be implied in computer contracts – practice – responsibilities of expert witnesses generally – whether computer company liable . .
Appeal from – Graigola Merthyr Co Ltd v Swansea Corporation HL 1929
The Act of 1893 provided that a successful defendant should be entitled to costs as between solicitor and client in an action in respect of ‘any act done in the pursuance, or execution, or intended execution of any Act of Parliament or of any public . .
Cited – Vastint Leeds Bv v Persons Unknown ChD 24-Sep-2018
The claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.269655
The process of execution in respect of a Crown debt prevailed over the transfer of the personal estate of a bankrupt to an official assignee which took place earlier on the same day. Significantly, the Court’s judgment added that even if the transfer to the assignee, by virtue of his appointment, was also a judicial act, and should therefore be taken, equally with the execution, to date from the beginning of the day so that the two acts were concurrent, nevertheless ‘it has never been disputed . . but that the Crown in such case has priority over the subject.’
Coleridge J
(1854) 9 Ex.628
England and Wales
Applied – Wright v Mills 1859
A judgment was signed when the Court’s offices opened at 11 am but the defendant had died at 9.30 the same morning. The Court held that the judgment was regular, applying the rule that judicial acts, being acts of the Crown, have precedence over . .
Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.267518
Application for leave by person subject to vexatious litigant order to commence proceedings against her former husband.
[2006] EWHC 2727 (Admin)
England and Wales
Updated: 12 April 2022; Ref: scu.246355
Megarry V-C said that the mere failure to use the expression ‘without prejudice’ is not decisive of whether the letter is such. The question is whether the letters were written in an attempt to compromise actual or pending litigation and, if so, whether it can be inferred from their terms and their whole context that they contained an offer in settlement for which the party who made the offer can claim privilege which prevents the acknowledgments from being relied upon for the purposes of the Act.
Megarry V-C said: ‘From the authorities put before me by Mr Prescott, it seems plain that the courts favour the protection of discussions which take place between actual or prospective litigants with a view to avoiding the expense and burden of litigation, and are very ready to hold that discussions made with this purpose are inadmissible in evidence. Men ought to be able to attempt to ‘buy their peace’ without prejudicing their positions if the attempt fails and hostilities break out or continue. The mere failure to use the expression ‘without prejudice’ does not conclude the matter. The question is whether there is an attempt to compromise actual or impending litigation, and whether from the circumstances the court can infer that the attempt was in fact to be covered by the ‘without prejudice’ doctrine.’
Megarry V-C
[1978] RPC 287
England and Wales
Cited – Bradford and Bingley Plc v Rashid HL 12-Jul-2006
Disapplication of Without Prejudice Rules
The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Cited – Brunel University and Another v Webster and Vaseghi CA 22-May-2007
The parties had been involved in long standing disputes about the procedures in the respondents complaints of race discrimination. The claims had been dismissed, but the Vice-Chancellor then wrote publicly of unfounded unwarranted and excessive . .
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.
Updated: 12 April 2022; Ref: scu.243129
Roderick Evans J
[1971] 1 WLR 1197
England and Wales
Applied – TSP Group Ltd v Globemark (UK) Ltd QBD 2-Nov-2005
The claimant interpleader appealed summary dismissal of its claim.
Held: The appeal was upheld. Despite the Civil Procedure Rules, the old case law on interpleader retained value. Although under the new rules, the precise formulation of an . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.235502
Challenge to new rules on vexatious litigants.
Sullivan J
[2006] EWHC 504 (Admin), [2006] 2 All ER 993
England and Wales
Updated: 12 April 2022; Ref: scu.239254
The court rejected a submission that Mr Justice Vinelott’s view as to the scope of the word ‘document’ was restricted to questions of discovery under the rules of court. He applied the extended meaning of a document described to the question of whether the deliberate deletion of information stored on the disc of an office computer was a contemptuous breach of an order restraining a solicitor from destroying or altering any documents relating to a conveyancing transaction.
Hoffmann J
[1992] 32 RVR 198
England and Wales
Cited – Derby and Co Ltd And Others v Weldon And Others (No 9) ChD 25-Jul-1990
The court considered the application of rules relating to the discovery of documents to material held on computer: ‘the database of a computer, so far as it contained information capable of being retrieved and converted into readable form, and . .
Cited – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.235716
The claimant claimed harassment. The judge dismissed his claim as being utterly implausible. He appealed.
Held: The limits of the new tort of harassment were not clearly set. In such circumstances it would be wrong to dismiss a case depriving the claimant of a hearing even though, as the judge decided the claim was inherently implausible.
Eady J
Times 01-Dec-2004
England and Wales
Updated: 12 April 2022; Ref: scu.220260
Contract – Contract for provision of computer services – purchaser contract with finance company – duty of co-operation to be implied in computer contracts – practice – responsibilities of expert witnesses generally – whether computer company liable to purchaser – whether purchaser liable to finance company.
The parties disputed the delivery and quality of a computer system. The buyer complained of many defects and eventually sought to reject the system.
Held: Anglo’s claim succeeded. The court provided updated Ikarian Reefer guidelines for expert witnesses. The court criticised one expert witness for failing to keep separate his role as negotiator and witness. It is normally inappropriate to seek to combine the two.
The court gave Ikarian Reefer guidelines updated to comply with the CPR:
‘1.An expert witness should at all stages in the procedure, on the basis of the evidence as he understands it, provide independent assistance to the court and the parties by way of objective unbiased opinion in relation to matters within his expertise. This applies as much to the initial meetings of experts as to evidence at trial. An expert witness should never assume the role of an advocate.
2. The expert’s evidence should normally be confined to technical matters on which the court will be assisted by receiving an explanation, or to evidence of common professional practice. The expert witness should not give evidence or opinions as to what the expert himself would have done in similar circumstances or otherwise seek to usurp the role of the judge.
3.He should co-operate with the expert of the other party or parties in attempting to narrow the technical issues in dispute at the earliest possible stage of the procedure and to eliminate or place in context any peripheral issues. He should co-operate with the other expert(s) in attending without prejudice meetings as necessary and in seeking to find areas of agreement and to define precisely arrears of disagreement to be set out in the joint statement of experts ordered by the court.
4.The expert evidence presented to the court should be, and be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of the litigation.
5.An expert witness should state the facts or assumptions upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded opinion.
6.An expert witness should make it clear when a particular question or issue falls outside his expertise.
7.Where an expert is of the opinion that his conclusions are based on inadequate factual information he should say so explicitly.
8.An expert should be ready to reconsider his opinion, and if appropriate, to change his mind when he has received new information or has considered the opinion of the other expert . He should do so at the earliest opportunity.’
Toulmin QC J
[2000] EWHC Technology 127, (2000) 144 Sol Jo LB 197
Supply of Goods and Services Act 1982 9
England and Wales
Clarified – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’) 1993
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following:
1. Expert evidence presented to the Court should be, and should be seen to be, the . .
Cited – Graigola Merthyr Co Ltd v Swansea Corporation CA 1928
The plaintiff mine-owner having had a contract that the neighbouring land owner would not refill its reservoir which would result in its workings being flooded, and that contract having expired, now sought an injunction to prevent the reservoir from . .
Cited – Edwin John Stevens v R J Gullis and David Pile CA 27-Jul-1999
The new Civil Procedure Rules underline the existing duty which an expert owes to the Court as well as to the party which he represents. . .
Cited – Tradition (UK) Ltd, Tradition Bond Brokers Limited, Howard, Harland v Cantor Fitzgerald International ChD 15-Apr-1999
When deciding whether a copying of a computer program was substantial, the test was not whether the program would run without that code. It had to be looked at as a whole allowing for the skill and labour which had gone into different sections of . .
Cited – Cala Homes (South) Ltd and others v Alfred McAlpine Homes East Ltd ChD 6-Jul-1995
The plaintiff alleged that the defendant had copied its house designs after a senior employee involved in creating the designs left and eventually came to work for the defendant. The plaintiff alleged that the copying was flagrant allowing . .
Cited – Cullinane v British ‘Rema’ Manufacturing Co Ltd CA 1954
The court considered the possibility of a claim in breach of contract for damages for both capital loss and loss of profit.
Lord Evershed MR said: ‘It seems to me, as a matter of principle, that the full claim of damages in the form in which . .
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Cited – Anglia Television v Oliver Reed CA 1971
The television company had agreed with the actor defendant for him to appear in a production. He breached the contract. The company sought both loss of profits and for the expense incurred. The issue before the Court of Appeal was whether such . .
Cited – Lep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services HL 1973
The obligation of a guarantor under a contract ‘is not an obligation himself to pay a sum of money to the creditor, but an obligation to see to it that another person, the debtor, does something.’ When a repudiatory breach is accepted by the injured . .
Cited – Branwhite v Worcester Works Finance Ltd HL 1969
A dealer may for some ad hoc purpose be the agent of a finance company. In relation to a purchase of a motor vehicle through a motor dealer, where the prospective purchaser completes an application for hire purchase in the office of the motor . .
Cited – Lease Management Services Ltd v Purnell Secretarial Services Ltd CA 1-Apr-1994
A leasing company adopting the style of a like supplier had to adopt that supplier’s representations. . .
Cited – Sovereign Finance v Silver Crest 1997
. .
Cited – Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd HL 1-Jul-1914
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.201803
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a different result.
Held: A judge who realised he had made an error before the judgment was perfected had a clear obligation to correct it. Under the Act there is an obligation to perform a two stage test. The judge had been correct to re-examine his draft judgment. A judge could correct an error.
May LJ said of the expression ‘exceptional circumstances’: ‘that expression by itself is no more than a relatively uninformative label. It is not profitable to debate what it means in isolation from the facts of a particular case’
Peter Gibson LJ said: ‘With one possible qualification it is in my judgment incontrovertible that until the order of a judge has been sealed he retains the ability to recall the order he has made even if he has given reasons for that order by a judgment handed down or orally delivered . . Such judicial tergiversation is in general not to be encouraged, but circumstances may arise in which it is necessary for the judge to have the courage to recall his order. If . . the judge realises that he has made an error, how can he be true to his judicial oath other than by correcting that error so long as it lies within his power to do so? No doubt that will happen only in exceptional circumstances, but I have serious misgivings about elevating that correct description of the circumstances when that occurs as exceptional into some sort of criterion for what is required . . ‘
and ‘No doubt that will happen only in exceptional circumstances, but I have serious misgivings about elevating that correct description of the circumstances when that occurs as an exception into some sort of criteria for what is required for the recalling of an order before it is sealed.’
Lord Justice Peter Gibson , May LJ
[2003] EWCA Civ 1820, Times 20-Jan-2004, [2003] WTLR 529
Inheritance (Provision for Family and Dependents) Act 1975 1(1)
England and Wales
Cited – Practice Statement (Supreme Court: Judgments) LCJ 23-Apr-1998
Sets out new arrangements under which judgments in the High Court and Court of Appeal are to be handed down. Copies available to parties first in order to spot need for corrections. . .
Cited – Practice Statement (Supreme Court: Judgments) (No 2) LCJ 2-Dec-1998
Reserved judgments handed down should be marked as such when subject to revision, and could be copied and published freely and without charge once the embargo on copies delivered to parties had been lifted. . .
Cited – Stewart v Engel, BDO Stoy Hayward CA 17-May-2000
A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against . .
Cited – Daniels v Thompson CA 18-Mar-2004
The executor brought an action against the solicitor who had advised his client in connection with the transfer of her house in which she was to continue to live, saying he should have advised her that the gift would not protect her from Inheritance . .
Cited – Gravgaard v Aldridge and Brownlee (A Firm) CA 9-Dec-2004
After the court had sent its draft judgment to the parties, counsel on each side had written to the court making fresh submissions.
Held: Contentious matters should only be allowed to be re-opened in very limited circumstances once a draft . .
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 . .
Cited – Hutchinson v Metropolitan Police Commissioner and Another QBD 27-Jul-2005
The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees.
Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had . .
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 11-Nov-2005
Ultraframe asked the judge to re-open his ‘in the round’ decision on costs.
Held: The decision questioned was not a draft, but a concluded judgment. The judge said that he had not made such a ‘palpable error’ in his order as to give him . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
Cited – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Cited – McKeown v British Horseracing Authority Admn 12-Mar-2010
The judge had been asked to revise his draft judgment. The court set out the circumstances under which a draft judgment might be amended and why in this case he had rejected the request save as to clerical errors. . .
Cited – Garland v Morris and Another ChD 11-Jan-2007
The claimant sought additional provision from her father’s estate. She said that the will failed to make reasonable provsion for her, bearing in mind her extreme financial needs. She was a single mother of three.
Held: The claim failed. . .
Cited – Re L and B (Children) SC 20-Feb-2013
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in . .
Cited – TZ v General Medical Council Admn 17-Apr-2015
Appeal against decision of a Fitness to Practise Panel holding that the Appellant’s fitness to practise as a medical practitioner was impaired by reason of his misconduct. It directed that his name be erased from the Medical Register under section . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.188902
The court gave directions revising the arrangements for the disposal of the actions referred to.
Times 16-Oct-2003
England and Wales
Updated: 12 April 2022; Ref: scu.187016
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal Authority’s claim for royalties alleging breaches of article 4 was struck out because the matters complained of had been the subject of a previous decision by the Commission – the question as to whether articles 4(b) and (c) were of direct effect so as to permit Banks to litigate them in this court would have had to be referred to the European Court if it had been necessary to decide this point – Banks’ claim for damages against Secretary of State was not sustainable in any event.
Tuckey J
[1997] Eu LR 610
See Also – H J Banks and Co Ltd and Others v British Coal Corporation QBD 10-Aug-1994
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made. . .
At ECJ – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .
Cited – HJ Banks and Co Ltd v The Coal Authority and Secretary of State for Trade and Industry ECJ 20-Sep-2001
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .
Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.186611
The plaintiffs brought an action on behalf of themselves and all other holders of promissory notes issued by a Nigerian Bank to restrain the trustee of the noteholders’ trust deed, from publishing details as to the votes cast at a meeting of noteholders.
Held: The figures indicated such a difference of opinion as to preclude a common grievance and relief beneficial to all noteholders. He ordered that the action might not be continued in a representative capacity.
Hirst J
[1988] BCLC 640
England and Wales
Cited – Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others ChD 13-Mar-2003
The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members.
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.179757
ECJ Competition – Procedure for interim relief – Intervention – Confidentiality – Interim measures.
T-7/93
European
See also – Langnese-Iglo and Scholler Lebensmittel v Commission ECFI 8-May-1992
ECJ Where both granting a suspension of operation of a Commission decision prescribing interim measures relating to competition and refusing to grant such suspension would in practice have the effect of depriving . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.172635
Stuart-Smith LJ rationalised the possible conflict between Part 24 and the practice direction to Part 24 in its original form by saying that the correct view of the effect of the practice direction is to be gleaned from the heading to the paragraph which reads ‘the court’s approach’. It indicates no more than examples of situations where it could be right to give summary judgment in favour of one party or the other.
Stuart-Smith and Buxton LJJ and Rattee J
[1999] EWCA Civ 1917
England and Wales
Cited – Swain v Hillman CA 21-Oct-1999
Strike out – Realistic Not Fanciful Chance Needed
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.146832
The claimant sought rescission of a consent order for specific performance made in an earlier action. The purchasers had not complied simply with the order, but had sought to bring back certain parts of the original contract.
Held: Once an order for specific performance has been made, the matter of how the contract is to be performed lies with the court, not the parties. The consent order itself referred back to the contract, and the remaining conditions still applied. The consent order should not be rescinded on these grounds. The seller had refused to complete without delivering a deed of rectification, nevertheless that would not in the circumstances pose any practical problem.
Lord Justice Laws, Lord Justice Mummery, Sir Anthony Evans
[2001] EWCA Civ 1220
Land Registration Act 1925 110(2)
England and Wales
Cited – Singh v Nazeer 1979
Once an order for specific performance has been made by the court, the parties have put it into the hands of the court as to how the contract is to be carried out. The provisions of the order regulate how the contract is to be carried out. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.159907
Appeal against injunction in nuisance to stop keeping breeding kennels. The neighbour had begun keeping the kennels, and the neighbour complained to the local Environmental Health office. Abatement notices were served, and the neighbour respondent was granted an interim injunction by the district judge in the County Court. At first instance the judge had then found the noise to have been an actionable nuisance, but also that it had been abated to a limited extent after service of the abatement notices.
Chadwick LJ said that:
‘On the basis of the judge’s finding that the previous nuisance had ceased at the end of May 1996 the injunction which he granted on 7th January 1997 was quia timet. It was an injunction granted, not to restrain anything that the defendants were doing (then or at the commencement of the proceedings on 20th June 1996), but to restrain something which (as the plaintiff alleged) they were threatening or intending to do. Such an injunction should not, ordinarily, be granted unless the plaintiff can show a strong probability that, unless restrained, the defendant will do something which will cause the plaintiff irreparable harm – that is to say, harm which, if it occurs, cannot be reversed or restrained by an immediate interlocutory injunction and cannot be adequately compensated by an award for damages. There will be cases in which the court can be satisfied that, if the defendant does what he is threatening to do, there is so strong a probability of an actionable nuisance that it is proper to restrain the act in advance rather than leave the plaintiff to seek an immediate injunction once the nuisance has commenced. ‘Preventing justice excelleth punishing justice’ — see Graigola Merthyr Co Ltd v Swansea Corporation [1928] Ch 235 at page 242. But, short of that, the court ought not to interfere to restrain a threatened action in circumstances in which it is satisfied that it can do complete justice by appropriate orders made if and when the threat of nuisance materialises into actual nuisance (see Attorney-General v Nottingham Corporation [1904] 1 Ch 673 at page 677) . . In the present case, therefore, I am persuaded that the judge approached the question whether or not to grant a permanent injunction on the wrong basis. He should have asked himself whether there was a strong probability that, unless restrained by injunction, the defendants would act in breach of the Abatement Notice served on 22nd April 1996. That notice itself prohibited the causing of a nuisance. Further he should have asked himself whether, if the defendants did act in contravention of that notice, the damage suffered by the plaintiff would be so grave and irreparable that, notwithstanding the grant of an immediate interlocutory injunction (at that stage) to restrain further occurrence of the acts complained of, a remedy in damages would be inadequate. Had the judge approached the question on that basis, I am satisfied that he could not have reached the conclusion that the grant of a permanent injunction quia timet was appropriate in the circumstances of this case.’
Chadwick LJ
[1998] EWCA Civ 511
Environmental Protection Act 1990
England and Wales
Cited – Robinson v Kilvert CA 1889
The Covenant for quiet enjoyment is broken in the case of interference by the lessor, or those lawfully claiming under him, not only with the title to, or possession of land, but also with the lawful enjoyment of the premises for the purposes for . .
Cited – Network Rail Infrastructure Ltd v Williams and Another CA 3-Jul-2018
Japanese Knotweed escape is nuisance
The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in . .
Cited – Vastint Leeds Bv v Persons Unknown ChD 24-Sep-2018
The claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.143989
[1998] EWCA Civ 1728
England and Wales
Appeal from – Global Container Lines Ltd v Bonyad Shipping QBD 14-Jul-1998
Where companies had amalgamated and one had been a party to litigation, it was possible for the court to order the retrospective substitution of the new company even though the original party had disappeared in law. . .
See Also – Global Container Lines ltd v State Black Sea Shipping and Ors ComC 11-Sep-1997
Agreement for exclusive selling rights over vessel – authority of president of parent company to enter into ratification- whether terms (relating to period etc) sufficiently certain to be enforceable. Repudiation – interlocutory instruction . .
See Also – Global Container Lines Limited v State Black Sea Shipping Company; Amber Seatrade SA and Clifton Navigation SA CA 16-Dec-1997
. .
See Also – Global Container Lines Limited v State Black Sea Shipping Company; Amber Seatrade SA and Clifton Navigation SA CA 16-Dec-1997
. .
See Also – Global Container Lines ltd v State Black Sea Shipping and Ors ComC 11-Sep-1997
Agreement for exclusive selling rights over vessel – authority of president of parent company to enter into ratification- whether terms (relating to period etc) sufficiently certain to be enforceable. Repudiation – interlocutory instruction . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.145207
As with other without notice applications, the court insists on full and complete disclosure by the applicant of everything which might affect the decision whether or not to grant the order. There is a high obligation upon such an applicant to put everything relevant before the Judge, whether it may help or hinder his cause.
[1999] EWCA Civ 581
England and Wales
Updated: 12 April 2022; Ref: scu.145496
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of the respective financial standing of the parties and the importance of the subject matter of the case.
Mr Justice Hooper
Times 12-Nov-1999, [1999] EWHC Admin 811
See Also – Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne QBD 8-Jun-2000
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would . .
See Also – O’Byrne v Secretary of State for Environment, Transport and Regions and Another CA 17-Apr-2001
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority . .
See Also – Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne HL 14-Nov-2002
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.140075
The defendant applied for leave to appeal against a refusal to allow a hearing date to be vacated. The judge had refused on the basis of an earlier ‘hostile’ order that no further applications for adjournment should be granted. The judge had been unaware of the context of that order, and had failed properly to allow for the fact that the court’s time was already overbooked. The issue of prejudice was the predominant one, and it was a case in which leave should be granted, and the hearing date be vacated.
[1997] EWCA Civ 2348
England and Wales
Updated: 12 April 2022; Ref: scu.142746
The applicant sought leave to appeal against an order striking out her action as a frivolous and vexatious attempt to relitigate matters already decided against her. The application was to be adjourned to allow her to amend the application to appeal against the correct order, to allow her to take advice on the form of proceedings, and to proceed inter partes.
Lord Justice Simon Morritt, Lord Justice Phillips
[1996] EWCA Civ 590
England and Wales
Updated: 12 April 2022; Ref: scu.140457
The defendant sought leave to appeal against an order disallowing his use of a stretch of the River Wye for his boat which he wanted to use as a floating restaurant. The claimants were an angling association who claimed that his use infringed a deed granting them angling rights. The judge had found that though there was a navigation right, the use was a substantial interference with the fishery, and was not for the purpose of navigation. Judgment had eventually been obtained by default.
Held: The judge may have applied the wrong test when refusing an adjournment ‘in considering whether there was an arguable defence before deciding whether to grant an adjournment, when the purpose of seeking the adjournment was to have time to seek and put before the court the material to suggest that there was an arguable defence. ‘ Did the defendant have an arguable defence? The answer was yes, and the judgment was set aside.
[1997] EWCA Civ 987
England and Wales
Cited – Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The ‘Saudi Eagle’ CA 1986
The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.141383
CS This was a preliminary issue concerned with whether a valid and enforceable guarantee had been entered into. The judgment is concerned with the correct test for determing what surrounding circumstances are admissible when construing a deed, the operation of the parole evidence rule and what constitutes linked transactions for the purpose of determining whether an agreement was supported by consideration.
Unreported, 28 April 1998
Updated: 12 April 2022; Ref: scu.136101
Purle QC
[2011] EWHC 3714 (Ch)
England and Wales
See Also – Thursfield v Thursfield (Re Delay) ChD 6-Dec-2011
. .
See Also – Thursfield v Thursfield ChD 6-Dec-2011
. .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.515344
Whilst litigants in person should be allowed the assistance of a McKenzie friend, the duties of the friend should not normally include representation and advocacy. Nevertheless, each case should be viewed separately, and applications for permission should be attended to, even if only granted in exceptional circumstances. The litigant should understand that this is an indulgence by the court.
Neuberger J
Times 13-Aug-2001, Gazette 13-Sep-2001
England and Wales
Cited – McKenzie v McKenzie CA 10-Jul-1970
Mr McKenzie was a litigant in person who wished to be assisted by a young Australian barrister, gratuitously, in the conduct of his case by sitting beside the husband in Court and prompting him. The hearing was in open Court . The friend’s conduct . .
Cited – Sonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham CA 15-Oct-2004
The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.136176
There had been an agreement for a lease of a property on a commercial estate yet to be built. The parties disagreed when the tenant was to be obliged to take the lease. The proposed landlord sought summary judgment.
Held: The court had all the evidence before it now which would be available at a full hearing, and ‘The position is, in my view, sufficiently clear on the material that I have to enable me to conclude that on the points in dispute the defendant has no defence.’ Judgment accordingly.
Mann J
[2013] EWHC 47 (Ch)
England and Wales
Cited – BBC Worldwide Ltd v Bee Load Ltd (T/A Archangel Ltd.) ComC 8-Feb-2007
The parties had contracted for the exploitation of recordings of live music performances held by the claimant. Summary judgment was sought.
Held: Where, as here, the court was already in possession of all the evidence which might be presented . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 April 2022; Ref: scu.470476
Practice on incapacity of the judge during a trial.
McKinnon J
[1929] 45 TLR 186
England and Wales
Distinguished – Coleshill v Manchester Corporation 1928
During the trial, the judge, Mr Justice Fraser had died and the case had been continued by Mr Justice Acton ‘at the urgent request of the parties’ with earlier witnesses not being recalled but the new judge having recourse to the transcripts.
Cited – The Forest Lake 1968
The presiding judge sitting with two elder brethren of Trinity House, was compelled to retire due to ill health in the middle of the case. The president Sir Jocelyn Simon ordered, in the circumstances, that the action be heard de novo and Mr Justice . .
Cited – Hitch, Regina (on the Application of) v Commissioners for the Special Purposes of the Income Tax Acts Admn 4-Mar-2005
Before the appeal had been concluded under section 45(3), one of the two commissioners was incapacitated. The taxpayer appealed the refusal of a de novo hearing and the replacement of the tax commissioner.
Held: The reconstitution of the panel . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 April 2022; Ref: scu.223886