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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Litigation Practice - From: 1993 To: 1993

This page lists 156 cases, and was prepared on 02 April 2018.

 
Alliance and Leicester Building Society v Edgestop [1994] 2 EGLR 229; [1993] 1 WLR 1462
1993
ChD
Mummery J
Torts - Other, Litigation Practice
The court refused to allow the defendants to amend their defence so as to rely upon the second limb of the definition of fault in the 1945 Act as grounds for reducing a claim for deceit.
Law Reform (Contributory Negligence) Act 1945

 
Nottingham Building Society v Eurodynamics Systems plc Times, 02 May 2003; [1993] FSR 468
1993

Chadwick J
Litigation Practice
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the better the chances of avoiding injustice. The court might still grant an injunction where the chances of success are lower, but the possible prejudice is greater.
The court set out what was meant by the test for the 'balance of convenience': "In my view the principles to be applied are these. First, this being an interlocutory matter, the overriding consideration is which course is likely to involve the least risk of injustice if it turns out to be 'wrong' in the sense described by Hoffmann J. [as he then was].
Secondly, in considering whether to grant a mandatory injunction, the court must keep in mind that an order which requires a party to take some positive step at an interlocutory stage, may well carry a greater risk of injustice if it turns out to have been wrongly made than an order which merely prohibits action, thereby preserving the status quo.
Thirdly, it is legitimate, where a mandatory injunction is sought, to consider whether the court does feel a high degree of assurance that the plaintiff will be able to establish his right at a trial. That is because the greater the degree of assurance the plaintiff will ultimately establish his right, the less will be the risk of injustice if the injunction is granted.
But, finally, even where the court is unable to feel any high degree of assurance that the plaintiff will establish his right, there may still be circumstances in which it is appropriate to grant a mandatory injunction at an interlocutory stage. Those circumstances will exist where the risk of injustice if this injunction is refused sufficiently outweigh the risk of injustice if it is granted."
1 Citers


 
Costellow v Somerset County Council [1993] 1 WLR 256; [1993] 1 All ER 952
1993
CA
Sir Thomas Bingham MR
Litigation Practice
The court asked whether it was appropriate to allow an extension of time to file an appeal: "Save in special cases or exceptional circumstances it can rarely be appropriate on an overall assessment of what justice requires to deny the plaintiff an extension where the denial will stifle his action because of a procedural default, which even if unjustifiable, had caused the defendant no prejudice for which he cannot be compensated by an order for costs." Time problems arise at the intersection of two principles, both salutary, neither absolute: ". . The first principle is that the rules of court and the associated rules of practice, devised in the public interest to promote the expeditious dispatch of litigation, must be observed. The prescribed time limits are not targets to be aimed at or expressions of pious hope but requirements to be met . ." and the second: " . . a plaintiff should not in the ordinary way be denied an adjudication of his claim on its merits because of a procedural default, unless the default causes prejudice to his opponent for which an award of costs cannot compensate."
1 Citers


 
CHC Software Care v Hopkins and Wood [1993] FSR 241
1993

Mummery J
Litigation Practice
The jurisdiction to require discovery of documents from a third party is not restricted to seeking information from an innocent third party. The third party may himself be one of the wrongdoers.
1 Cites

1 Citers


 
In re S (A Minor) (Independent Representation) [1993] Fam 263; [1993] 2 FLR 437
1993
CA
Sir Thomas Bingham MR
Children, Litigation Practice
Sir Thomas Bingham MR said: "Different children have differing levels of understanding at the same age. And understanding is not absolute. It has to be assessed relatively to the issues in the proceedings. Where any sound judgment on these issues calls for insight and imagination which only maturity and experience can bring, both the court and the solicitor will be slow to conclude that the child's understanding is sufficient." and "The 1989 Act enables and requires a judicious balance to be struck between two considerations. First is the principle, to be honoured and respected, that children are human beings in their own right with individual minds and wills, views and emotions, which should command serious attention. A child's wishes are not to be discounted or dismissed simply because he is a child. He should be free to express them and decision-makers should listen. Second is the fact that a child is, after all, a child. The reason why the law is particularly solicitous in protecting the interests of children is because they are liable to be vulnerable and impressionable, lacking the maturity to weigh the longer term against the shorter, lacking the insight to know how they will react and the imagination to know how others will react in certain situations, lacking the experience to measure the probable against the possible. Everything of course depends on the individual child in his actual situation. For purposes of the Act, a babe in arms and a sturdy teenager on the verge of adulthood are both children, but their positions are quite different: for one the second consideration will be dominant, for the other the first principle will come into its own. The process or growing up is, as Lord Scarman pointed out in Gillick ...[1986] AC 112 at p 186B [1986] 1 FLR 224 at p250H), a continuous one. The judge has to do his best, on the evidence before him, to assess the understanding of the individual child in the context of the proceedings in which he seeks to participa
Family Proceedings Rules 1991 9.2A(6) - Children Act 1989
1 Citers


 
Okotcha v Voest Alpine Intertrading GmbH [1993] BCLC 474
1993
CA
Bingham LJ
Costs, Litigation Practice
When deciding whether to order security for costs, the possibility or probability that the plaintiff company will be deterred from pursuing its claim is not the sole deciding factor.
1 Citers



 
 National Justice Compania Naviera S A v Prudential Assurance Company Ltd ("The Ikarian Reefer"); 1993 - [1993] 2 Lloyd's Rep 68
 
Vernon v Bosley (1) Unreported 1993; [1998] PIQR 146
1993
QBD
Sedley J
Litigation Practice
The court discussed the extent to which a judge had control over the admission of otherwise admissible evidence: "A point comes at which literal admissibility has to yield to the constraints of proportionality . . such proportionality may in any one case depend on issues of remoteness, fairness, usefulness, the ratio of cost benefit in terms of time or money and other things besides."
1 Citers


 
Regina v International Stock Exchange, ex parte Else (1982) Ltd [1993] QB 534
1993
CA
Sir Thomas Bingham MR
European, Litigation Practice
The court gave guidance on the circumstances under which questions should be referred to the European Court of Justice.
1 Citers



 
 Rolph v Zolan; CA 1993 - [1993] 1 WLR 1305
 
Cheltenham and Gloucester Building Society v Ricketts [1993] 4 All ER 276
1993
CA
Neill LJ, Gibson LJ
Litigation Practice
The court set out the principles to be applied when considering cross undertakings in damages: "(1) Save in special cases an undertaking as to damages is the price which the person asking for an interlocutory injunction has to pay for its grant. The court cannot compel an applicant to give an undertaking but it can refuse to grant an injunction unless he does. (2) The undertaking, though described as an undertaking as to damages, does not found any cause of action. It does, however, enable the party enjoined to apply to the court for compensation if it is subsequently established that the interlocutory injunction should not have been granted. (3) The undertaking is not given to any party enjoined but to the court. (4) In a case where it is determined that the injunction should not have been granted the undertaking is likely to be enforced, though the court retains a discretion not to do so." Although if a defendant successfully applied for such an injunction to be discharged, the court would normally make an order for an enquiry as to damages, the making of such an order was a matter of discretion and not of right.
1 Citers


 
Aiglon Limited and another v Gau Shan Co Limited [1993] BCLC 1321
1993
ChD
Hirst J
Litigation Practice, Arbitration, Insolvency
The defendants had obtained world-wide Mareva injunctions in support of substantive proceedings by way of their counterclaim to enforce an arbitration award against the plaintiffs under section 26 against two companies, Aiglon Limited and L'Aiglon SA (a Swiss company). Held: There was no basis under section 26 for enforcement of the arbitration award against SA, but the question arose whether any other basis for a freezing order against SA existed, having regard to the fact that the defendants' only contractual entitlement was against Limited. There were two bases. It was well arguable that a transfer of assets from Limited to SA fell foul of section 423 of the Insolvency Act 1986, thereby giving the defendants a direct cause of action against SA as victims of the transaction. Second, since an administrator or liquidator of Limited (if appointed) could apply to set aside the relevant transaction under section 238 of the Insolvency Act 1986 with the consequence that SA would hold the assets transferred as trustee for Limited, the case fell within the Chabra jurisdiction since it was arguable that SA held assets beneficially belonging to Limited, against which the defendants had a good cause of action. It mattered not that Limited's arguable beneficial interest in assets transferred to SA was contingent both upon the appointment of an administrator or liquidator of Limited, and the successful pursuit by the officeholder of a claim under section 238.
Arbitration Act 1950 26 - Insolvency Act 1986 423
1 Citers



 
 National Westminster Bank v Daniel; CA 1993 - [1993] 1 WLR 1453
 
Paragon v Thakerer [1993] 1 All ER 400
1993


Trusts, Torts - Other, Litigation Practice
A claim for fraudulent or intentional breach of trust/fiduciary duty is a different cause of action from a claim for breach of trust/fiduciary duty generally and must be separately and distinctly pleaded.
1 Citers



 
 Low v Secretary of State for Wales; 1993 - (1993) COD 393

 
 Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited; 1993 - (1993) COD 274
 
Sears Plc v Sears Roebuck and Co and others [1993] RPC 385
1993

Lindsay J
Intellectual Property, Litigation Practice
The court granted an Order against the plaintiff requiring it not to proceed with its case before the Trade Mark Registry until the determination of their High Court action. Lindsay J said: "the court should look to the two matters broadly and ask whether the matters are substantially the same."
1 Citers


 
Lillicrap v Nalder [1993] 1 WLR 94
1993
CA
Dillon, Russell, Farquharson LJJ
Litigation Practice, Legal Professions
A property developer sued his solicitor for negligent advice on the purchase of a property. The solicitor wished to rely on previous retainers, in which the developer had ignored advice, so as to challenge the developer's assertions that, with proper advice, the developer would not have purchased the property. Held:
Dillon LJ, adopted the formulation of the scope of waiver set out by May J at first instance: "A client who sues his solicitor invites the court to adjudicate the dispute and thereby, in my judgment, waives privilege and confidence to the extent that is necessary to enable the court to do so fully and fairly in accordance with the law including the law of evidence. I suspect that at the fringes each case will depend on its own facts. Normally the waiver will extend to facts and documents material to the cause of action upon which the plaintiff sues and the defendant's proper defence to that cause of action. The bringing of a claim for negligence in relation to a particular retainer will normally be a waiver of privilege and confidence for facts and documents relating to that retainer, but not without more for those relating to other discrete retainers" Dillon LJ then added: "The waiver can only extend to matters which are relevant to an issue in the proceedings and, privilege apart, admissible in evidence. There is no waiver for a roving search into anything else in which the Solicitor or any other solicitor may have happened to have acted for the clients. But the waiver must go far enough, not merely to entitle the plaintiff to establish his cause of action, but to enable the defendant to establish a defence to the cause of action if he has one. Thus, it would extend to matters under earlier retainers, as in the hypothetical example I have given, which established that the experience of the client, was, to the knowledge of the solicitor, such that the solicitor was not in breach of duty as alleged."
Russell LJ expressed the test: "by bringing civil proceedings against his solicitor, a client impliedly waives privilege in respect of all matters which are relevant to the suit he pursues and, most particularly, where the disclosure of privileged matters is required to enable justice to be done. This is another way of expressing the view that May J expressed in his judgment in the passage to which Dillon LJ has referred."
Farquharson LJ said: "For my part, I would have difficulty in holding that the defendants should, as a matter of principle, be prevented from adducing evidence which is relevant to that issue. A proper interpretation of the waiver in this case is, in my judgment, one that embraces not only the documents and advice arising from the Heligan Manor transaction, but also documents or information otherwise subject to privilege which are relevant to the issues between the parties and it would be unfair to exclude."
1 Citers


 
Re D (Minors) (Conciliation: Disclosure of Information) [1993] Fam 231
1993
CA
Sir Thomas Bingham MR
Children, Litigation Practice
The court considered the privileged status of statements made in proceedings under the Children Act 1989 together with the existence of exceptions to that status. Held: Sir Thomas Bingham MR described the practice in family concilations: "The practice of conciliation has grown and evolved in various ways over the last 10 years, in court and out of court, voluntary or directed, and extends over many parts of the country. Resolution of disputes over children by parents locked in acrimony and controversy has gradually but perceptibly taken over from efforts to preserve the state of the marriage of the parents. Conciliation of parental or matrimonial disputes does not form part of the legal process but as a matter of practice is becoming an important and valuable tool in the procedures of many family courts. This underlines the great importance of the preservation of a cloak over all attempts at settlement of disputes over children. Non-disclosure of the contents of conciliation meetings or correspondence is a thread discernible throughout all in-court and out-of-court conciliation arrangements and proposals.
Conclusion
These practices and expressions of opinion cannot of course be regarded as authoritative statements of the law. But in this field as in others it is undesirable that the law should drift very far away from the best professional practice. The practice described above follows the law in recognising the general inviolability of the privilege protecting statements made in the course of conciliation. But it also recognises the special regard which the law has for the interests of children. In our judgment, the law is that evidence may not be given in proceedings under the Children Act 1989 of statements made by one or other of the parties in the course of meetings held or communications made for the purpose of conciliation save in the very unusual case where a statement is made clearly indicating that the maker has in the past caused or is likely in the future to cause serious harm to the well-being of a child.
We wish in closing to emphasise three points. (1) Even in the rare case which falls within the narrow exception we have defined, the trial judge will still have to exercise a discretion whether or not to admit the evidence. He will admit it only if, in his judgment, the public interest in protecting the interests of the child outweighs the public interest in preserving the confidentiality of attempted conciliation. (2) This judgment is concerned only with privilege properly so called, that is, with a party's right to prevent statements or documents being adduced in evidence in court. It has nothing to do with duties of confidence and does not seek to define the circumstances in which a duty of confidence may be superseded by other public interest considerations: cf. W. v. Egdell [1990] Ch. 359 . (3) We have deliberately stated the law in terms appropriate to cover this case and no other. We have not thought it desirable to attempt any more general statement. If and when cases arise not covered by this ruling, they will have to be decided in the light of their own special circumstances."
1 Citers


 
Family Housing Association (Manchester) Ltd v Michael Hyde and Partners [1993] 1 WLR 354; [1993] 2 All ER 567; [1993] 2 EGLR 239
1993
CA
Hirst, Mann and Balcombe LJJ
Litigation Practice
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.'
1 Citers


 
Practice Direction No 48 Inspection of Witness Statements Gazette, 06 January 1993
6 Jan 1993
QBD

Litigation Practice
Prescribes procedures for inspecting witness statements filed at court.
Rules of the Supreme Court 38-2A

 
Madurasinghe v Penguin Electronics (A Firm) Gazette, 13 January 1993; [1993] 1 WLR 989
13 Jan 1993
CA

Costs, Legal Professions, Litigation Practice
A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction.
County Court Rules 1981 38(24)(6) - Solicitors Act 1974 74

 
Practice Direction No 5 1992 Chancery Division Applications for Summary Judgement Gazette, 20 January 1993
20 Jan 1993
ChD

Litigation Practice
Provisions for listing of summonses for Summary Judgement.

 
Practice Direction Chancery Division Vacations No 6 of 1992 Gazette, 20 January 1993
20 Jan 1993
ChD

Litigation Practice
No distinction between term and vacation in Chancery Masters Lists.

 
Land Securities Plc v Westminster City Council Gazette, 03 February 1993
3 Feb 1993
Chd

Litigation Practice
Other arbitrators awards in other proceedings not admissible for comparables.


 
 New Victoria Hospital v Ryan; EAT 3-Feb-1993 - Gazette, 03 February 1993; [1993] ICR 20
 
Steel v Commissioner of the Metropolitan Police Unreported, 10 February 1993
10 Feb 1993

Beldam, Dillon, and Roch LJJ
Evidence, Litigation Practice
The plaintiffs sued three police officers for malicious prosecution. Specific discovery of documents relating to the previous misconduct of one of these officers was refused. Held: Appeal allowed. Confessions were the only evidence against the plaintiffs, who had served their time afer convictions for robbery which were subsequently quashed. They said the confessions were fabricated. Their appeals were allowed after evidence that officers had improperly procured the conviction of other defendants in similar ways. To succeed the plaintiffs had to prove that prosecutions were unfounded. The officers' state of mind was essential. Documents were sought to be discovered to provide evidence of similar facts in proof of the misconduct the prosecution. Evidence of the officers' dishonesty went beyond discrediting him as a witness. They showed similar conduct in other cases. The judge refused specific discovery saying it was not similar fact evidence. The matters relied on were not concerned to rebut a defence of accident or coincidence. They did not show system, and they had no direct probative value in relation to the issue in the present case. They were merely attacks on credit, and the plaintiffs already possessed ample evidence for this purpose. The appeal was allowed. At discovery the court lookd to potential rather than actual admissibility. "In my view conduct of this kind is so contrary to the expected standard of behaviour of an investigating police officer that, if proved, it is capable of rendering it more probable that the plaintiffs' alleged confession was not made and proving that D/Sgt Day had no sufficient belief in the grounds of and an improper motive for the prosecution of the plaintiffs." For the purpose of specific discovery, it was enough to show "sufficient similarity" (as opposed to a "striking similarity") between the other conduct and the conduct in the present action. He dismissed the "mere propensity" argument in these terms: "I consider the significance of the misconduct alleged went beyond mere propensity. All similar fact evidence relating to misconduct on other occasions could be stigmatised as showing a propensity to behave in that fashion, but the allegations in the present case, if accepted, show that on other occasions D/Sgt Day was prepared to pervert the course of justice in a manner which made it more probable that he did so on the occasion in question."
1 Cites

1 Citers


 
Roche v Church Ind Summary, 15 February 1993
15 Feb 1993
CA

Litigation Practice
In an action the Plaintiff became liable to be struck out for delay. The defendant's solicitors indicated informally a readiness to extend the time for the plaintiff, and this created an estoppel against the defendant which he could not side step. He could be compensated for the delay in costs, and the defendant could not buy out the representation made and estoppel created by offering to pay the costs suffered by the representation.


 
 Khorasandjian v Bush; CA 16-Feb-1993 - Gazette, 21 April 1993; Independent, 17 March 1993; [1993] Fam Law 679; [1993] 3 WLR 476; [1993] QB 727; [1993] 3 All ER 669; [1993] EWCA Civ 18
 
In Re Land and Property Trust Co Plc (No 2) Times, 16 February 1993
16 Feb 1993
CA

Litigation Practice, Insolvency, Company
The judge was wrong to refuse an adjournment when he had insufficient evidence before him properly to make his decision, and when a costs order was sought against the company directors personally in respect of an application for the winding up of a company. The directors had not been party to the early part of the proceedings and when told of the application for costs requested the opportunity to adjourn so that they could prepare a case.

 
Morris and Others v Director of SFO and Others Gazette, 17 February 1993
17 Feb 1993
ChD
Sir Donald Nicholls VC
Litigation Practice
The owner of documents should be joined in an application to SFO to disclose documents obtained by them.
Criminal Justice Act 1987 3 4 5
1 Citers


 
Langnese-Iglo and Scholler Lebensmittel v Commission T-7/93
19 Feb 1993
ECFI

Litigation Practice
ECJ Competition - Procedure for interim relief - Intervention - Confidentiality - Interim measures.
1 Cites


 
National Bank of Sharjah v Dellborg and Others Ind Summary, 22 February 1993
22 Feb 1993
CA
Saville LJ
Litigation Practice
On an ex parte application for a Mareva injunction, the party applying should file an affidavit making proper and fair disclosure of the fact supporting the allegation. Such an affidavit should normally be accompanied by enough documents to make the issues clear, but need not be accompanied by substantial numbers of documents.
1 Citers


 
Regina v British Coal Corporation, Ex Parte Price and Others (No 2) Times, 23 February 1993
23 Feb 1993
QBD

Litigation Practice, Employment
A Court having made a declaration in the course of a hearing, was then functus officio as regards that decision, and could not revisit it at a later hearing. Nor in this case was it possible for the Corporation to approach the court for a declaration in advance that a decision it might want to make would or would not be in contempt.
Coal Industry Nationalisation Act 1946 46

 
Regina v Chief Constable of West Midlands Ex Parte Wiley; Regina v Chief Constable Notts Ex Parte Sunderland Gazette, 24 February 1993
24 Feb 1993
QBD

Litigation Practice
Police were not to use a complaint statements in civil litigation.
1 Citers


 
Fazil-Alizadeh v Nikbin 25 February 1993 (unreported); Court of Appeal (Civil Division) Transcript No 205 of 1993
25 Feb 1993
CA
Simon Brown, Balcombe, Peter Gibson LJJ
Evidence, Litigation Practice
There are powerful policy reasons for admitting in evidence as exceptions to the without prejudice rule only the very clearest of cases. Unless this highly beneficial rule is most scrupulously and jealously protected, it will all too readily become eroded. The taped without prejudice conversation might have been taken to contain an admission by the claimant of the payment of £10,000 although he continued in his pleadings to deny such payment, but that did not come within the exception to the rule.
Simon-Brown LJ said that: "I add only this. There are in my judgment powerful policy reasons for admitting in evidence as exceptions to the without prejudice rule only the very clearest of cases. Unless this highly beneficial rule is most scrupulously and jealously protected, it will all too readily become eroded."
1 Citers


 
Marsh v Marsh Ind Summary, 01 March 1993; Times, 16 February 1993; [1993] 1 W.L.R. 744
1 Mar 1993
CA
Sir Stephen Brown P
Litigation Practice, Family
Appeals under the Family Proceedings Rules had to be read in conjunction with the CCR Order 37 r 6, and the judge hearing the appeal had discretion to substitute his own view for that of the court below. This is different from what applies on appeal to the Court of Appeal. In particular the judge may choose to hear fresh evidence: "No party shall be entitled as of right to adduce further evidence or oral evidence but the judge may in his discretion admit such further or oral evidence as he thinks relevant and just upon such terms as he thinks fit."
Family Proceedings Rules 1991 8.1(2) 8.1(3) 4.23 - County Court Rules 1981 Order 37 Rule 6 - Matrimonial Causes Act 1973
1 Citers


 
Dunn v British Coal Corporation Gazette, 21 April 1993; Independent, 10 March 1993
10 Mar 1993
CA

Litigation Practice, Personal Injury
Medical history disclosure was not limited to injury since the matters revealed could affect earnings losses claim.

 
Short Notice List Qbd Gazette, 10 March 1993
10 Mar 1993
QBD

Litigation Practice
This Practice Direction deals with the introduction of a short notice list in the QBD.

 
Pizzey v Ford Motor Co Ltd Gazette, 05 May 1993; Independent, 10 March 1993; Times, 08 March 1993
10 Mar 1993
CA

Litigation Practice
Reports which had been mistakenly disclosed by a solicitor were admitted in evidence.
1 Citers


 
Charlesworth and Others v Focusmulti Ltd and Others Ind Summary, 15 March 1993
15 Mar 1993
CA
Russell LJ and Hollis J
Litigation Practice
Judgment had been entered by the plaintiff in default of defence, but before the time limit for filing a defence had expired. Such a judgment was fatally flawed, and could not be cured. The judgment had to be set aside without any consideration of the merits.
Rules of the Supreme Court 18-2 2-1
1 Cites

1 Citers


 
Regalbourne Ltd v East Lindsey District Council Times, 16 March 1993
16 Mar 1993
CA

Litigation Practice
When applying to for an extension of time in which to appeal against an order made by a public policy statutory tribunal's decision, it was incorrect to seek to apply in parallel, principles which applied to a striking out.
1 Citers



 
 Macmillan Inc v Bishopsgate Investment Trust Plc; Chd 17-Mar-1993 - Gazette, 17 March 1993

 
 Regina v Secretary of State Home Dept ex parte Wynne; HL 17-Mar-1993 - Gazette, 17 March 1993; [1993] 1 WLR 115; [1993] 1 All ER 574

 
 Polly Peck International Plc v Nadir and Others; CA 17-Mar-1993 - Independent, 31 March 1993; Unreported, 17 March 1993
 
Goymer v Lombard North Central Wheelease Ltd Ind Summary, 22 March 1993
22 Mar 1993
CA

Litigation Practice
Delay may not necessarily be fatal to an application to strike out.
Rules of the Supreme Court 18-19

 
United Dominions Trust Ltd v Shellpoint Trustees Gazette, 02 June 1993; Independent, 14 April 1993; Times, 23 March 1993; [1993] 4 All ER 310 CA
23 Mar 1993
CA

Landlord and Tenant, Litigation Practice
The lessee of a flat charged it to secure the purchase price. He fell into arrears in the payment of service charges which were recoverable as rent. The landlord obtained judgment for the arrears and for costs. The tenant paid the arrears but not the costs, and the landlord acted to take possession for non-payment. The lender applied for relief out of time. It had known of the proceedings since their inception. Held: The term 'lessee' in section 138 of the Act, must be read to include a mortgagee, and having failed to act within the time limits set down, the mortgagee was barred from all relief.
cw Forfeiture relief lease mortgaged lessor repossessing flat - mortgagee failing to apply in time for relief - whether 'lessee' includes 'mortgagee'.
County Courts Act 1984 138(2) 140
1 Cites


 
Ex Parte Applications and Consent Orders: Practice Direction No 1 /1993 Gazette, 24 March 1993
24 Mar 1993
ChD

Litigation Practice
Ex parte applications will in future only be dealt with by the masters (except in emergency) who have had the case allocated to them. If the master is not available on the day, it should be adjourned if possible to the day he is next available. Consent order minutes should be left in Room TM709 and not with the master.


 
 Harwood v Courtaulds Ltd; CA 24-Mar-1993 - Gazette, 24 March 1993

 
 (Unnamed) Service On Overseas Company; CA 24-Mar-1993 - Gazette, 24 March 1993

 
 Republic of India and Others v India Steamship Co Ltd ('The Indian Endurance and The Indian Grace') (No 1); HL 29-Mar-1993 - Gazette, 07 April 1993; Ind Summary, 29 March 1993; [1993] 2 WLR 461; [1993] AC 410; [1993] 1 All ER 998
 
Wilkinson and Anor v Kenny and Anor Ind Summary, 05 April 1993
5 Apr 1993
CA

Litigation Practice
Costs order against a solicitor are not appealable where by law they are left with discretion of the judge.
Supreme Court Act 1981 18(1)(f)

 
Dagnell and Another v J L Freedman and Co and Others Ind Summary, 05 April 1993; Gazette, 23 June 1993; [1993] 1 WLR 388
5 Apr 1993
HL
Lord Browne-Wilkinson
Litigation Practice
The plaintiffs, trustees of the will, sued the solicitors who had prepared it in negligence. They issued the writ some 7 months before the limitation date for their claim, but did not then serve it. They were advised first to make an application to the court (a Beddoe application, see In re Beddoe [1893] 1 Ch 547 (CA)) to safeguard their position as to costs. They issued their application a few weeks before the expiry of the limitation period and some months later obtained an ex parte extension of the validity of the writ, subsequently further extended, in order to cover actual service, which was finally effected some 9 months after limitation expired. In those days a writ was valid for an initial 12 months. The defendant solicitors challenged those extensions and were initially unsuccessful (Hoffmann J) and then succeeded by a majority in this court.Delays arising from the need to make a Beddoe application do not justify a delay in the service of a writ nor an extension of time for service.
Lord Browne-Wilkinson stated that the starting point of any consideration of extension of the period for service must be that a defendant has a right to be sued, if at all, by means of a writ issued within the limitation period and served within the period of its initial validity.
1 Cites


 
CJ Nichols and Associates Ltd v Penningtons Ind Summary, 05 April 1993
5 Apr 1993
ChD

Litigation Practice
Judge may continue to hear a case even if a payment in has been disclosed to him.

 
In Re Harrods (Buenos Aries) Ltd (#3) Gazette, 21 April 1993
21 Apr 1993
ChD

Litigation Practice
A matter is deemed to be concluded for taxation purposes even though the matter might go on to be heard in the European Court of Justice.
Rules of the Supreme Court 62-8-1

 
Roebuck v Mungovin Ind Summary, 26 April 1993
26 Apr 1993
CA

Litigation Practice
The right to dismiss for want of prosecution once lost, will only rarely be regained by a defendant.
1 Cites

1 Citers


 
Lockheed-Arabia v Owen Ind Summary, 03 May 1993
3 May 1993
CA

Litigation Practice
Handwriting experts may refer to a photocopy even though the original is lost.
Criminal Procedure Act 1865 8

 
Regina v West London Magistrates Court, ex parte Kyprianou Times, 03 May 1993
3 May 1993
QBD

Litigation Practice
The papers for an appeal must supply sufficient material to enable the court to assess grounds for costs.
Magistrates CourtsAct 1980 64


 
 Symphony Group Plc v Hodgson; CA 4-May-1993 - Gazette, 16 June 1993; Independent, 14 May 1993; Times, 04 May 1993; [1994] QB 179; [1993] 4 All ER 143; [1993] 3 WLR 830

 
 In Re Solicitors, Ex Parte Peasegood; QBD 6-May-1993 - Times, 06 May 1993; Independent, 06 May 1993
 
Rolph v Zolan Gazette, 16 June 1993; Independent, 19 May 1993; Times, 07 May 1993; [1993] 1 WLR 1305
7 May 1993
CA

Litigation Practice, Litigation Practice, Litigation Practice
Postal service at the last known address within the jurisdiction is valid even though the defendant was known to be abroad. The summons was then posted on to him abroad and was properly served under County Court Rules 1981.
1 Citers


 
Rolph v Zolan Gazette, 16 June 1993; Independent, 19 May 1993; Times, 07 May 1993; [1993] 1 WLR 1305
7 May 1993
CA

Litigation Practice, Litigation Practice, Litigation Practice
Postal service at the last known address within the jurisdiction is valid even though the defendant was known to be abroad. The summons was then posted on to him abroad and was properly served under County Court Rules 1981.
1 Citers


 
Rolph v Zolan Gazette, 16 June 1993; Independent, 19 May 1993; Times, 07 May 1993; [1993] 1 WLR 1305
7 May 1993
CA

Litigation Practice, Litigation Practice, Litigation Practice
Postal service at the last known address within the jurisdiction is valid even though the defendant was known to be abroad. The summons was then posted on to him abroad and was properly served under County Court Rules 1981.
1 Citers


 
Practice Dir 12 Feb '93 - Procedure On Ex Parte Applications Gazette, 12 May 1993
12 May 1993
ChD

Litigation Practice
Changes procedure to provide that Master allocated to case is to hear ex parte applications.


 
 Practice Direction 1 Feb 1993; HL 12-May-1993 - Gazette, 12 May 1993
 
Practice Note: Yorkshire Water Litigation Times, 13 May 1993
13 May 1993
QBD

Litigation Practice
All interlocutory proceedings in YW litigation to be at Bristol QBD.


 
 Guilford Borough Council v Smith; QBD 18-May-1993 - Times, 18 May 1993
 
Practice Direction (Admiralty Court: Practice) Times, 20 May 1993
20 May 1993
AdCt

Litigation Practice
Practice between Commercial Court and Admiralty Court harmonised.

 
Hawes v Chief Constable of Avon and Somerset Constabulary; S v S; S v S Times, 20 May 1993
20 May 1993
CA
Steyn LJ
Litigation Practice
Separate notices of appeal are not required for appeals against orders made in the same proceedings at the same trial or hearing. "There are three notices of appeal before us. Mr Hawes challenges three separate rulings of the judge during the course of the hearing. The fact that it was thought necessary to file three separate notices of appeal seemed curious. Counsel for Mr Hawes explained that the conventional view is that separate notices of appeal are required whenever separate orders are made at the same trial of one action. The understanding is apparently that if there are several rulings on, for example, objections to the admissibility of evidence which result in multiple orders there must be a separate notice of appeal in respect of each order. That view of the requirements of the rules is supported by a note in The Supreme Court Practice, 1993, Volume 1, at paragraph 59/1/1, which appears at page 910 of that volume. It read as follows: 'Where two or more orders have been made by the court or tribunal below then separate notices of appeal will be required in respect of each order.' Such a requirement seems unnecessary and wasteful. There is nothing in the wording of the rule which demands such a practice, and the rules ought to be construed in order to promote economical disposal of cases. There seems no good reason why this procedure should continue. I would hope that the ever vigilant editors of The Supreme Court Practice will find it possible to amend the note in a further supplement in order to make it clear that in respect orders made in one action at one hearing it is only necessary to file one notice of appeal."
1 Citers


 
W F Trustees Ltd v Expo Safety Systems Ltd Times, 24 May 1993
24 May 1993
ChD

Litigation Practice, Evidence
The parole evidence rule is still valuable in respect of assessing the value of written instruments.

 
Chiron v Murex Ind Summary, 24 May 1993
24 May 1993
CA

Litigation Practice
The Court of Appeal will not usually overturn a judge's striking out of a patent action defence.
1 Cites

1 Citers



 
 Giles v Thompson, Devlin v Baslington (Conjoined Appeals); HL 1-Jun-1993 - Gazette, 14 July 1993; Times, 01 June 1993; [1994] 1 AC 142; [1993] UKHL 2; [1993] 3 All ER 321
 
Caribbean Gold Ltd v Alga Shipping Ltd (The Nova Scotia) Gazette, 02 June 1993
2 Jun 1993
QBD

Litigation Practice
The time for service of a writ was extended after an excusable error by solicitors. The writ had been issued but the guidance given had been confusing.
1 Cites

1 Citers


 
Regina v Mid Glamorgan Family Health Services and Another, ex parte Martin Times, 02 June 1993; Gazette, 14 July 1993; Independent, 08 June 1993
2 Jun 1993
QBD

Litigation Practice, Health Professions
The Access to Health Records Act 1990 did not give retrospective rights of access to records which had been created before it was brought into effect.
Access to Health Records Act 1990
1 Citers


 
W v W Times, 04 June 1993
4 Jun 1993
FD

Litigation Practice, Magistrates
Advocates are to be told of precedents which are cited to the Justices by their clerk.

 
Antigua and Barbuda Enterprises Ltd v Attorney General of Antigua and Barbuda Gazette, 09 June 1993; [1993] 1 W LR 1052
9 Jun 1993
PC

Litigation Practice
(Antigua and Barbuda) An action was not to be dismissed under Order 34, rule 11(1)(b) for a failure to apply to set it down.
1 Citers


 
Trill and Another v Sacher and Others Gazette, 16 June 1993
16 Jun 1993
CA

Litigation Practice
A failure to apply to strike out an action within one month of a notice of intention to proceed did not create an estoppel which could prevent a later application to strike out for delay. Whilst all periods of delay could be taken into account, and in this case had been inordinate and inexcusable, there had been no prejudice to the defendant by the delay, and the case could proceed.

 
District Judge's Direction Long Vacation Business 1993 Gazette, 16 June 1993
16 Jun 1993
LCJ

Litigation Practice
This Practice Direction lists the business to which will be accepted during the long vacation.

 
Easton v Ford Motor Co Gazette, 16 June 1993
16 Jun 1993
CA

Litigation Practice
Amendment should be allowed even if great delay if before ready for trial.


 
 Arab Monetary Fund v Hashim and Others (No 8); ChD 17-Jun-1993 - Times, 17 June 1993; [1993] CLY 3134
 
Practice Note (Official Solicitor: Sterilisation) Times, 22 June 1993
22 Jun 1993
FD

Litigation Practice, Children, Health
Practice Note by Official Solicitor setting out the procedure to be followed when considering the sterilisation of a Minor.


 
 Securities and Investments Board v Lloyd-Wright and Another; ChD 23-Jun-1993 - Times, 23 June 1993; [1993] 4 All ER 210
 
Lonhro Plc v Fayed and Others (No 3) Independent, 23 June 1993; Times, 24 June 1993
23 Jun 1993
CA

Litigation Practice
A party's oath sworn on discovery of documents is deemed to be conclusive, and the deponent cannot be cross-examined on it.


 
 Securities and Investments Board v Lloyd-Wright and Another; ChD 23-Jun-1993 - Times, 23 June 1993; [1993] 4 All ER 210

 
 Sundt Wrigley Co Ltd v Wrigley; CA 23-Jun-1993 - Unreported, 23 June 1993
 
Colman v The United Kingdom Times, 11 August 1993; [1993] ECHR 30; 16632/90; [1993] ECHR 30
28 Jun 1993
ECHR

Litigation Practice, Human Rights
The Court of Human Rights may strike out a claim under the convention even after a friendly settlement.
Hudoc Struck out of the list (friendly settlement)
[ Bailii ] - [ Bailii ]
 
Taittinger and Others v Allbev Ltd and Another Independent, 30 June 1993; Times, 28 June 1993; [1993] FSR 641
30 Jun 1993
CA
Peter Gibson LJ
Intellectual Property, Litigation Practice
An injunction was granted to restrain the labelling of a sparkling fruit (Elderflower Champagne) non-alcoholic drink made in Surrey to include the word 'champagne'. The trial judge had held that all the necessary ingredients for a successful passing off action had been made out save for proof of likelihood of substantial damage to the plaintiff. Held: the plaintiff argued that if the defendant continued to call its product "Elderflower Champagne", ". . . the effect would be to demolish the distinctiveness the word champagne, and that would inevitably damage the goodwill of the champagne houses." Peter Gibson LJ: By parity of reasoning it seems to me no less obvious that erosion of the distinctiveness of the name champagne in this country is a form of damage to the goodwill of the business of the champagne houses." and as to CIVC, he said that Sir Robin Cooke "thought the [Champagne] case exemplified the principle that a tendency to impair distinctiveness might lead to an inference of damage to goodwill . . ."
"Like the judge, I do not think the defendants' product would reduce the first plaintiffs' sales in any significant and direct way. But that is not, as it seems to me, the end of the matter. The first plaintiffs' reputation and goodwill in the description Champagne derive not only from the quality of their wine and its glamorous associations, but also from the very singularity and exclusiveness of the description, the absence of any qualifying epithets and imitative descriptions. Any product which is not Champagne but is allowed to describe itself as such must inevitably, in my view, erode the singularity and exclusiveness of the description Champagne and so cause the first plaintiffs damage of an insidious but serious kind. The amount of damage which the defendants' product would cause would of course depend on the size of the defendants' operation. That is not negligible now, and it could become much bigger. But I cannot see, despite the defendants' argument to the contrary, any rational basis upon which, if the defendants' product were allowed to be marketed under its present description, any other fruit cordial diluted with carbonated water could not be similarly marketed so as to incorporate the description champagne. The damage to the first plaintiffs would then be incalculable but severe."
1 Citers


 
Islington London Borough Council v Harridge Times, 30 June 1993
30 Jun 1993
CA

Litigation Practice
An application was deemed to have made even though the solicitor was turned away by county court staff.

 
Walpole v Partridge and Wilson (A Firm) Independent, 23 September 1993; Times, 08 July 1993; [1994] QB 106
8 Jul 1993
CA
Ralph Gibson LJ
Litigation Practice
The plaintiff, who had been convicted before the magistrates, sued the solicitors who had acted for him in connection with a proposed appeal to the Crown Court for failure to lodge such an appeal. The solicitors applied to strike out the action, citing Hunter. Held: It was not an abuse of process to allege negligence against solicitors for not arguing a point. The collateral attack rules were explained and an exception provided for. Ralph Gibson LJ: "to permit a claim to be pursued for causing a plaintiff to lose the power to exercise a right of appeal is not to permit relitigation of the same issue "
1 Citers


 
Crampton v Secretary of State for Health Unreported 9 July 1993; Court of Appeal (Civil Division) Transcript No 824 of 1993
9 Jul 1993
CA

Litigation Practice

1 Citers


 
Filmlab Systems International Ltd and Another v Pennington and Others Times, 09 July 1993; [1994] 4 All ER Ch D 673
9 Jul 1993
ChD
Aldous J
Litigation Practice, Costs, Legal Professions
In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a party's advisers might feel they could no longer act, so that the party could in effect be deprived of the advisers of his choice.
1 Citers


 
Fozal v Gofur Times, 09 July 1993; Ind Summary, 26 July 1993; [1993] CA Transcript 680
9 Jul 1993
CA

Legal Professions, Litigation Practice, Costs
An order for wasted costs against counsel could only be allowed with respect to acts done after 1 October 1991, with the new rules.
Courts and Legal Services Act 1990$ 4
1 Citers


 
Donatab Srl and others v Commission of the European Communities (Rec 1993,p I-3955) (Order) C-64/93; [1993] EUECJ C-64/93
9 Jul 1993
ECJ

European, Commercial, Litigation Practice
ECJ Where the main action to which an application for interim measures attaches is dismissed as inadmissible, the latter application is itself inadmissible.
[ Bailii ]
 
Philex Plc v Golban Times, 09 July 1993
9 Jul 1993
ChD

Litigation Practice
Court can award costs where solicitors negligence results in costs to client.
Courts and Legal Services Act 1990 4

 
Hornagold v Fairclough Building Ltd and Another Gazette, 14 July 1993; Times, 03 June 1993
14 Jul 1993
CA

Litigation Practice
A party must produce some evidence the court in order to succeed in striking out claim.

 
Sundry Workers (Antigua Workers Union) v Antigua Hotel and Tourist Association Gazette, 14 July 1993
14 Jul 1993
PC

Litigation Practice, Commonwealth
The Privy Council has jurisdiction to hear appeal from Antiguan Court of Appeal.

 
In Re A Debtor (No 340 of 1992) Ind Summary, 13 September 1993; Times, 19 July 1993
19 Jul 1993
CA

Litigation Practice
Sheriff's failure to gain access meant that he had failed to execute the writ of fieri facias. Failure to serve writ of fieri facias is not merely a formal defect or irregularity.
Insolvency Act 1986 268(1)(b)


 
 Panayiotou and Others v Sony Music Entertainment (UK) Ltd; ChD 21-Jul-1993 - Independent, 21 July 1993; Gazette, 17 December 1993; Times, 02 August 1993; [1994] Ch 142; [1994] 1 All ER 755; [1994] EMLR 229; [1994] 2 WLR 241
 
Fielding v Rigby Ind Summary, 26 July 1993
26 Jul 1993
CA

Litigation Practice
Service of writ after Plaintiff died and before a personal representative was substituted was an irregularity, not causing nullity of proceedings.

 
M v Home Office and Another; In re M Times, 28 July 1993; Gazette, 13 October 1993; Independent, 28 July 1993; [1994] 1 AC 377; [1993] 3 WLR 43; [1993] UKHL 5; [1993] 3 All ER 537
28 Jul 1993
HL
Lord Woolf, Lord Donaldson of Lymington MR
Litigation Practice, Judicial Review, Contempt of Court, Constitutional
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would not be removed. He was removed in breach of the undertaking, which counsel then did not accept he had given. The judge ordered the return of M to this country. The respondent said the court had no power either of mandamus or in contempt against the Crown. Held: A court can grant a final and or an interim injunction against the Crown, and the Crown and ministers of the Crown, are not immune to contempt proceedings for breach of an injunction.
Section 21 of the 1947 Act did not prevent an injunction being granted in a situation in which it could have been granted prior to the Act and section 31(2) of the Supreme Court Act 1981 gave jurisdiction to the court on applications for judicial review to grant injunctions, including interim injunctions, against ministers and other officers of the Crown. The effect of the 1947 Act was that it is only in those situations where prior to the Act no injunctive relief could be obtained that section 21 prevents an injunction being granted. This was the least that could be expected from legislation intended to make it easier for proceedings to be brought against the Crown.
Lord Templeman said: "My Lords, the argument that there is no power to enforce the law by injunction or contempt proceedings against a minister in his official capacity would, if upheld, establish the proposition that the executive obey the law as a matter of grace and not as a matter of necessity, a proposition which would reverse the result of the Civil War. For the reasons given by my noble and learned friend, Lord Woolf, and on principle, I am satisfied that injunctions and contempt proceedings may be brought against the minister in his official capacity and that in the present case the Home Office for which the Secretary of State was responsible was in contempt."
Lord Templeman criticised "the proposition that the executive obey the law as a matter of grace and not as a matter of necessity [as] a proposition which would reverse the result of the Civil War". The proposition that a member of the executive can actually overrule a decision of the judiciary because he does not agree with that decision is equally remarkable, even if one allows for the fact that the executive's overruling can be judicially reviewed. Indeed, the notion of judicial review in such circumstances is a little quaint, as it can be said with some force that the rule of law would require a judge, almost as a matter of course, to quash the executive decision.
Crown Proceedings Act 1947 21 - Supreme Court Act 1981
1 Cites

1 Citers

[ Bailii ]
 
Mercantile Group (Europe) Ag v Aiyela and Others Independent, 12 August 1993; Times, 04 August 1993; [1994] QB 366
4 Aug 1993
CA
Sir Thomas Bingham MR
Litigation Practice
Interlocutory injunctions including Mareva procedures and orders are available to support the enforcement of a judgment. The purpose of such a jurisdiction is so that the court can "ensure the effective enforcement of its orders". A court may still make an order for disclosure and an injunction after judgment has been entered.
1 Cites

1 Citers


 
Practice Direction (Judge In Chambers In London: Amended Procedure) Times, 06 August 1993
6 Aug 1993
QBD

Litigation Practice
Procedure for judge in chambers list (1983 as amended) re-amended.


 
 Heath v Tang, Stevens v Peacock; CA 11-Aug-1993 - Independent, 14 October 1993; Times, 11 August 1993; [1993] 4 ALL ER 694; [1993] 1 WLR 1421
 
Gulf Bank Ksc v Mitsubishi Heavy Industries Ltd Gazette, 17 November 1993; Ind Summary, 30 August 1993; Times, 24 August 1993
24 Aug 1993
QBD

Litigation Practice, International, Contract
A foreign contract was within the purview of Order 11 of the Rules of the Supreme Court. The presence of an indemnity clause which was expressly subject to UK law made the rest of the contract also subject to UK law. The indemnity clause was still part of the contract despite government decree.

 
Re Rex Williams Leisure Plc (In Administration) Gazette, 01 September 1993
1 Sep 1993
ChD

Litigation Practice
Directors facing disqualification proceedings to give evidence by affidavit.
1 Cites

1 Citers



 
 Macmillan Inc v Bishopsgate Investment Trust Plc; CA 1-Sep-1993 - Times, 17 May 1993; Gazette, 01 September 1993

 
 East Hampshire District Council v Scott and Another; Waverley Borough Council v Scott and Another; CA 6-Sep-1993 - Ind Summary, 06 September 1993
 
Practice Direction - Inter Partes Applications Ind Summary, 06 September 1993
6 Sep 1993
QBD

Litigation Practice
Amends procedures on inter partes applications and Part A Judge in Chambers procedure.

 
Doyle v Robinson Ind Summary, 18 October 1993; Ind Summary, 06 September 1993
6 Sep 1993
CA

Litigation Practice, Damages
An applicant to strike out his opponent's case need not show financial calculations where there was long delay and the issues were simple.

 
De Pina v Bukas Icg Gazette, 08 September 1993
8 Sep 1993
QBD

Litigation Practice
Expiration of period for Application for extension of service period; need not mention expiry of limitation.


 
 Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc; CA 30-Sep-1993 - Times, 30 September 1993; Independent, 08 October 1993; Gazette, 08 December 1993

 
 Lonhro Plc and Others v Fayed and Others (No 5); CA 6-Oct-1993 - Gazette, 06 October 1993; Gazette, 29 September 1993; [1993] 1 WLR 1489
 
Societe D'Informatique Service Realisation Org v Ampersand Software Bv Gazette, 06 October 1993
6 Oct 1993
CA

Litigation Practice
Court to register foreign judgment despite pending appeal for fraud.

 
Regina v Horsham District Council and Another Ex Parte Wenman and Others Times, 21 October 1993; Independent, 07 October 1993
7 Oct 1993
QBD

Judicial Review, Litigation Practice
Counsel/solicitors are to reassess Judicial Review proceedings after discovery. Training in judicial review was urged for lawyers to avoid wasted costs orders.

 
McDonald and Others v Horn and Others Times, 12 October 1993
12 Oct 1993
ChD

Employment, Costs, Litigation Practice
A pre-emptive costs order is possible where Plaintiffs are impecunious but the case is very strong.
1 Citers



 
 Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran; HL 15-Oct-1993 - Independent, 20 October 1993; Times, 15 October 1993; Gazette, 17 November 1993; [1994] 1 AC 438

 
 In Re C; FD 15-Oct-1993 - Independent, 15 October 1993

 
 In Re C; FD 15-Oct-1993 - Times, 15 October 1993
 
Practice Direction; (Judge In Chambers In London; Amended Procedure) Ind Summary, 18 October 1993
18 Oct 1993
QBD

Litigation Practice
Amends the practice on inter partes applications and on appeals.

 
Chiron v Murex Ind Summary, 18 October 1993
18 Oct 1993
CA

Litigation Practice
It was for a judge to identify the real issues, and he may strike out parts of the defence and refuse amendments.
1 Cites

1 Citers


 
Winchester Cigarette Machinery Ltd v Payne and Another (1) Times, 19 October 1993
19 Oct 1993
CA

Litigation Practice
A Judge may refuse a late application for leave to admit expert evidence to avoid adjournment.
Rules of the Supreme Court Order 38 Rule 36
1 Cites

1 Citers


 
Langley v Langley Ind Summary, 08 November 1993; Times, 20 October 1993
20 Oct 1993
CA

Litigation Practice
The County Court slip rule is not to be used to amend an injunction if one party is not represented.

 
O'Brien and Others v Hughes-Gibb and Co Ltd and Another Times, 20 October 1993
20 Oct 1993
ChD

Litigation Practice
A transfer of a case to another division of the High Court, should only take place if it had in fact been started in the wrong Division.

 
Jones and An v Zahedi Ind Summary, 25 October 1993
25 Oct 1993
CA

Litigation Practice
Court may not make costs award against Legal Aid Board without all details required.


 
 Lonrho Plc v Fayed and Others (No 4 ); CA 27-Oct-1993 - Ind Summary, 20 December 1993; Times, 27 October 1993; [1994] QB 775
 
Dombo Beheer BV v The Netherlands 14448/88; (1993) 18 EHRR 213; [1993] ECHR 49
27 Oct 1993
ECHR

Human Rights, Litigation Practice
'under the principle of equality of arms, as one of the features of the wider concept of a fair trial, each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a disadvantage vis-à-vis his opponent ' and "the contracting states have greater latitude when dealing with civil cases concerning civil rights and obligations than they have when dealing with criminal cases" and articles 6(2) and 6(3) may have "a certain relevance outside the strict confines of criminal law".
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]
 
Moran v University College Salford (Practice Guidance - Leave to Appeal) Independent, 26 November 1993; Times, 27 October 1993; Ind Summary, 29 November 1993
27 Oct 1993
CA

Contract, Litigation Practice, Education
An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal.
Rules of the Supreme Court 59 - Courts and Legal Services Act 1990 7(1)


 
 Grovit and Another v Doctor and Others; CA 28-Oct-1993 - Ind Summary, 13 December 1993

 
 Riverside Mental Health NHS Trust v Fox; CA 28-Oct-1993 - Ind Summary, 15 November 1993; Times, 28 October 1993; [1994] 1 FLR 614
 
Balfour v Foreign and Commonwealth Office [1993] UKEAT 269_93_0111
1 Nov 1993
EAT
Lord Coulsfield
Employment, Litigation Practice
The court heard appeals regarding orders made for discovery.
[ Bailii ]
 
Grant v Council of Legal Education [1993] UKEAT 376_93_0111
1 Nov 1993
EAT
Buul QC
Employment, Litigation Practice, Discrimination
Appeal against refusal of extension of time to submit Race Relations Questionnaire.
[ Bailii ]

 
 Walker and Another v Turpin and Others; CA 2-Nov-1993 - Times, 02 November 1993
 
Caribbean General Insurance Co Ltd v Frizzell Insurance Brokers Gazette, 19 January 1994; Times, 04 November 1993
4 Nov 1993
CA

Litigation Practice, Contempt of Court
The judge was wrong to re-instate a case after there had been repeated breaches of unless orders by the plaintiff. Peremptory orders of the court must be obeyed unless excusable.
1 Cites

1 Citers


 
Singh v Christie and Others Same v Ginn and Co; Same v Pickwell (A Firm); Same v Metso Times, 11 November 1993
11 Nov 1993
QBD

Litigation Practice
An undertaking to not use discovery documents still applies after they have been read out in court.

 
Birmingham Post and Mail Ltd v Birmingham City Council Times, 25 November 1993; Independent, 25 November 1993
12 Nov 1993
QBD

Health, Litigation Practice
The name of a person with a notifiable disease could be withheld pending an appeal, but any anonymity given by court to party must end when it would not be needed for the purposes of justice. The power to make an order under s.11 must be exercised carefully and cannot be used simply to protect privacy or avoid embarrassment An open ended order was inappropriate.
Public Health (Control of Diseases) Act 1984 37 - Contempt of Court Act 1981 11
1 Citers


 
Singh (Joginder) v Duport Harper Foundries Ltd Times, 15 November 1993
15 Nov 1993
CA

Litigation Practice
Applicant must show good reason for delay when applying to extend writ.
Rules of the Supreme Court order 6 rule 8

 
Stringman v McCardle Ind Summary, 06 December 1993; Times, 19 November 1993; [1994] 1 WLR 1653
19 Nov 1993
CA

Litigation Practice, Damages
The Judge is not to be concerned with the intended application or use of interim damages requested to be paid to a Plaintiff.
Rules of the Supreme Court rule 11
1 Citers



 
 Littrell v Government of the United States of America and Another (No 2); CA 24-Nov-1993 - Times, 24 November 1993; Independent, 02 December 1993; Gazette, 26 January 1994; [1995] 1 WLR 82; [1994] 4 All ER 203
 
Practice Direction (Mercantile Court: Bristol) Times, 26 November 1993
26 Nov 1993
QBD

Litigation Practice
From 10-Jan-94 the new QB list is to be known as the Bristol Mercantile Court List.
1 Citers


 
Continental Bank Na v Aeakos Compania Naviera Sa and Others Ind Summary, 13 December 1993; Times, 26 November 1993; [1994] 1 WLR 588
26 Nov 1993
CA
Steyn LJ
Litigation Practice, Banking, Jurisdiction
The Bank was entitled to an injunction in the UK, by virtue of the jurisdiction given in their agreement, even though it was not the UK court which was first seised of the matter. Steyn LJ said: ". . a claim for damages for breach of contract would be a relatively ineffective remedy. An injunction is the only effective remedy for the appellants' breach of contract. If the injunction is set aside, the appellants will persist in their breach of contract, and the bank's legal rights as enshrined in the jurisdiction agreements will prove to be valueless. Given the total absence of special countervailing factors, this is the paradigm case for the grant of an injunction . ."
Brussels Convention 1968 Art 17
1 Citers


 
Presentaciones Musicales Sa v Secunda and Another Gazette, 12 January 1994; Times, 29 November 1993; [1995] EMLR 118; [1994] 2 All ER 737; [1994] Ch 271; [1994] 2 WLR 660
29 Nov 1993
CA
Roch LJ, Dillon LJ
Agency, Litigation Practice
A writ was issued within the limitation period applicable to the cause of action. However, the authority of the nominal plaintiff was not obtained within the limitation period. Held: The adoption by a plaintiff of proceedings issued without his authorisation by his solicitor was acceptable where this occurred within the appropriate limitation period. The raising of proceedings was held not to be a nullity.
Roch LJ considered whether the validity of the ratification of the unauthorised act of commencing proceedings was governed by English law or Panamanian law. Counsel for PMSA had submitted that the question of Mr Van Walsum's authority was governed by Panamanian law and under that law the acts of the liquidators in May 1991 had put the company and Mr Van Walsum in the position they would have been in had Mr Van Walsum had actual authority to commence proceedings in 1988. Roch LJ disagreed: "I do not doubt that if the issue had been whether Mr. Van Walsum had actual authority to instruct Goodman Derrick and Co. to issue proceedings in April 1988, that question could only have been resolved by the court examining the law relating to corporate bodies in the Republic of Panama and, probably, the constitution of the plaintiff company. In the present case there is no dispute, for the purposes of resolving the preliminary issue, that Mr. Van Walsum did not have actual authority in April 1988.
What has to be considered, in my view, is first the effect of the contract apparently entered into between the plaintiff company and Goodman Derrick and of the act of Goodman Derrick in issuing proceedings against the defendants. The law which should apply to that contract and to that act, in my opinion, is the law which has the closest connection with that contract and with that act, namely English law. Dicey and Morris, The Conflict of Laws, 12th ed. (1993), p. 1459, under the heading 'English Conflicts Rules' says: 'Where the agent lacks actual authority from the principal, it seems right in principle, that the law applicable to the contract between the agent and a third party, should determine whether the principal is bound or entitled. In effect in this situation one is asking whether the agent had apparent or ostensible authority to bind the principal . . As between the principal and the agent, the scope of the agent's authority to bind the principal and to confer rights upon him is necessarily determined by the law which governs their relationship, but third parties must be able to assume, at least where the agent has no actual authority from the principal, that the agents' authority covers everything which would be covered by the authority of an agent appointed under the law applicable to the contract made between the agent and the third party.'
The correct analysis of the facts of this case, in my judgment, is that the agents whose authority really has to be considered are Goodman Derrick and the act, the validity of which has to be considered is their act of commencing proceedings. Goodman Derrick are English solicitors retained, ostensibly on behalf of a Panamanian company, to perform legal services for that company in England. On that analysis the validating of the act of commencing proceedings by later ratification by those who clearly have authority under Panamanian law to do so on behalf of the plaintiffs must be a matter for English law.
. . Once it is shown by the law of Panama that neither Mr. Van Walsum nor Goodman Derrick were authorised to act, the consequences of that lack of authority are matters for the law of the place where the unauthorised act was performed. Thus . . I conclude that the issue of ratification is governed by English law."
Dillon LJ said: "It is well recognised law that where a solicitor starts proceedings in the name of a plaintiff - be it a company or an individual - without authority, the plaintiff may ratify the act of the solicitor and adopt the proceedings. In that event, in accordance with the ordinary law of principal and agent and the ordinary doctrine of ratification the defect in the proceedings as originally constituted is cured . . The reason is that by English law ratification relates back to the unauthorised act of the agent which is ratified . . "
1 Citers


 
Dailey Petroleum Services Corporation v Pioneer Oil Tools Ltd Times, 03 December 1993
3 Dec 1993
TCC

Litigation Practice
The UK process for the recovery of documents for production in overseas litigation is limited in its scope.
Enforcement of Overseas Judgements Act 1975


 
 Abdullah Ali Almunajem Sons Co and Others v Recourse Shipping Co Ltd; QBD 3-Dec-1993 - Times, 03 December 1993

 
 Restick v Crickmore; CA 3-Dec-1993 - Times, 03 December 1993; Ind Summary, 20 December 1993; Gazette, 26 January 1994; [1994] 1 WLR 420
 
Lord Advocate v Murdoch Times, 03 December 1993
3 Dec 1993
IHCS

Litigation Practice
Witness may be examined in Scotland whose testimony may only be for use at trial.


 
 Duchess Theatre Co Ltd and Others v Lord and Others; CA 9-Dec-1993 - Times, 09 December 1993; Ind Summary, 27 December 1993
 
Balfour v Foreign and Commonwealth Office Independent, 10 December 1993; Times, 10 December 1993; [1994] 1 WLR 681; [1994] 2 All ER 588; [1994] ICR 277
10 Dec 1993
CA
Russell LJ
Employment, Litigation Practice
A judge may choose not to inspect the documents behind a Public Interest immunity certificate if that certificate had been given for reasons of National Security. The court must always be vigilant to ensure that public interest immunity of whatever kind is raised only in appropriate circumstances and with appropriate particularity.
1 Citers


 
A B and Others v John Wyeth and Brothers Ltd and Others Gazette, 16 February 1994; Independent, 15 December 1993; Gazette, 26 January 1994; Times, 01 December 1993; [1994] 5 Med LR 149
15 Dec 1993
CA
Stuart-Smith LJ
Litigation Practice, Costs
Proceedings claiming damages for the prescription of benzodiazepine were set aside where the possible benefit to the Plaintiffs, even if they succeeded, was vastly outweighed by the costs to the Defendant of defending the action. The court may use a cost benefit analysis to decide on striking out claims. "The court is concerned to see that its proceedings are not used in any way that is oppressive and vexatious to the other party or which involves serious injustice to him. If the court is satisfied that the proceedings do have that effect, it has power to strike out on the grounds that they are vexatious and an abuse of process."
1 Citers


 
Winchester Cigarette Machinery Ltd v Payne and Another (No 2) Times, 15 December 1993
15 Dec 1993
CA

Litigation Practice
Only special circumstances will allow stay of execution pending appeal.
Rules of the Supreme Court Order 59 rule 13
1 Cites

1 Citers


 
In Re Port (A Bankrupt) (No 516 of 1987) Port v Auger Times, 16 December 1993; Ind Summary, 27 December 1993
16 Dec 1993
ChD

Litigation Practice, Insolvency
'Ordinary application' in Insolvency Rules not a pleading to be struck out. Court may strike out 'ordinary application' only if no basis at all for claim.
Rules of the Supreme Court Order 18 rule 19

 
Cohen and Others v Baram Times, 16 December 1993
16 Dec 1993
CA

Litigation Practice
The defendant may not use propriety of arbitrators' costs award as defence to Ord. 14.
Rules of the Supreme Court 14

 
Practice Statement (Commercial Court: Alternative Dispute Resolution) Times, 17 December 1993
17 Dec 1993
QBD

Litigation Practice
The Commercial Court wishes to encourage use of Alternative Dispute Resolution.


 
 Franz Eppe v Commission of the European Communities; ECJ 22-Dec-1993 - C-354/92; [1993] EUECJ C-354/92P

 
 Giorgio Pincherle v Commission of the European Communities; ECJ 22-Dec-1993 - C-244/91; [1993] EUECJ C-244/91P
 
Practice Note (Fee for Note of Judgment) Times, 30 December 1993
30 Dec 1993
CA

Litigation Practice
Extra Fees not allowed to counsel for taking note of immediate judgment.

 
Tayside Regional Council v British Railways Board Times, 30 December 1993
30 Dec 1993
OHCS

Litigation Practice
The court is to give effect to a statutory duty even though a Parliamentary decision on the matter might be pending.

 
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