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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: 1994 To: 1994

This page lists 142 cases, and was prepared on 02 April 2018.

 
Nycal (UK) Ltd v Lacey [1994] CLC 12
1994


Litigation Practice

1 Citers


 
Frew v Field Packaging Scotland Ltd 1994 SLT 1193
1994

Lord Prosser
Scotland, Litigation Practice
Rule 21.2(4) gives the court a power to grant the motion, but does not require it to do so where it would not be appropriate in all the circumstances
Rules of the Court of Session
1 Citers


 
Danvaern Production A/S v Schuhfabriken Otterbeck GmbH and Co [1994] 1 ECR 1-2053
1994


Litigation Practice


 
British Columbia (Attorney General) v Canada (Attorney General); An Act respecting the Vancouver Island Railway (Re) [1994] 2 SCR 41
1994

Iacobucci J
Commonwealth, Litigation Practice
(Supreme Court of Canada) The court strongly criticized the mandatory/directory distinction in statutory interpretation: "courts tend to ask, simply: would it be seriously inconvenient to regard the performance of some statutory direction as an imperative?"
1 Citers


 
Sion v Hampstead Heath Authority [1994] 5 Med LR 170; [1994] MLR 170
1994
CA
Staughton LJ
Litigation Practice, Personal Injury
A young man was injured in a motor-cycle accident and was taken to the defendant's hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff of the hospital was negligent and that he suffered psychiatric illness. The father's claim was struck out as disclosing no cause of action. Held: The father's appeal failed. The court must aply the law as it stood.
Staughton LJ said: "this court must in my judgment accept the state of the law as declared by the House of Lords, even in a striking-out application. It would not be right for us to impose on the parties the burden of a trial which can only have one conclusion on the present law, against the possibility that this may prove to be a case where the law is changed."
Environmental Protection Act 1990 80
1 Citers


 
Hoskins v Wiggins Teape (UK) Limited [1994] PIQR 377
1994
CA
Simon Brown LJ, Sir Thomas Bingham MR
Litigation Practice
The plaintiff had delayed the action. It had been transferred from the High Court in July 1991, and was then automatically striuck out. The plaintiff sought re-instatement. Held: The court attempted to put into proper context the problems that oversights give in applying discretions. An oversight by a practitioner cannot, by its very nature, be ordinarily excusable.
Sir Thomas Bingham MR said: "I repeat, and I hope that it is clearly understood, that it is a necessary pre-condition that an applicant should be able to show that the action has been conducted with reasonable diligence and the question as to whether the failure can be excusable only arises if that condition is overcome."
1 Citers


 
Tony Blain Pty Ltd v Splain [1994] FSR 497
1994

Anderson J
Intellectual Property, Litigation Practice, Commonwealth
(High Court of New Zealand) Complaint was made the possible sales of products infringing the plaintiffs' 'Metallica' property rights. The court was asked to make an order against unknown defendants. Held: Anderson J discussed the correct approach: "Conceptually the relief sought in this proceeding and the relief in terms of Anton Piller orders are similar. Each involves an intrusion on privacy but is an intrusion which has been justified on the basis of the court's equitable jurisdiction can properly be extended to meet the realities of modern commercial situations. It is an ancient maxim of the law that wherer there is a right there is a remedy: Ubi jus ibi remedium. In circumstances were it is plain that persons are infringing proprietary interests which the law recognises, or deceiving the public by way of trade in a manner which may indirectly affect the commercial interests of others, the law should, if it reasonably can, provide a remedy."
The second defendant was sued as "all persons who sell unlicensed . . merchandise at or about the . . stadium on 26th March 1993 who are served with this statement of claim. In circumstances where it is plain that persons are infringing proprietary interests which the law recognises, or deceiving the public by way of trade in a manner which may indirectly affect the commercial interests of others, the law should, if it reasonably can, provide a remedy. It was proposed that solicitors, officers of the court, should be authorised to accost bootleggers and require them to provide their current addresses, evidence of identity, and to surrender up to the named solicitors all merchandise including T-shirts, head-bands, badges or programmes in their possession or control. Persons required to respond to these oral interrogatories, which conceptually is what they are, will be such persons as are served with the orders for injunction also sought in this proceedings. The second and third defendants are identified as persons who sell unlicensed merchandise at the relevant concert venues. It is expedient to refer to them in this judgment as "John Doe" and "Jane Doe". The fact that persons cannot be identified at this stage of the proceeding is no bar to relief against persons who may be identified at a relevant time. It is not the name but the identity and identification of infringing persons which is relevant. The identify may not be immediately established but persons infringing will be identified by their act of infringement. Jane Doe and John Doe will be known by their works."
1 Citers



 
 Re Bank of Credit and Commerce International Sa; ChD 3-Jan-1994 - Ind Summary, 03 January 1994
 
Shoked v Goldsmid Times, 04 January 1994
4 Jan 1994
CA

Litigation Practice
Where a party has deliberately stayed away such a party cannot, in the absence of special reasons to justify his absence, expect to be allowed a rehearing even if he has an arguable defence.


 
 Chaplin Patents Holdings Company Plc v Group Lotus Plc and Another; CA 10-Jan-1994 - Ind Summary, 10 January 1994; Times, 12 January 1994
 
Commercial Court: Alternative Dispute Resolution Ind Summary, 10 January 1994
10 Jan 1994
QBD

Litigation Practice
Advisers to ensure litigants consider ADR in low value commercial cases.

 
Hs v Hs Independent, 12 January 1994
12 Jan 1994
CA

Litigation Practice
Public interest may override the reporting rules but identities are still to be hidden.

 
McDonald and Another v Graham Times, 12 January 1994
12 Jan 1994
CA

Litigation Practice, Intellectual Property
The special jurisdiction with regard to patents required the court to have a purposive approach.

 
In Re S (A Minor) (Contact Order) Times, 12 January 1994
12 Jan 1994
CA

Litigation Practice
It was an abuse of power to bring to court a case with regard to an academic point of law.
Rules of the Supreme Court 59/1/1

 
Regina v Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association Independent, 13 January 1994; Times, 21 January 1994
13 Jan 1994
QBD

Litigation Practice, Judicial Review, Company
The court should distinguish the concepts of locus standi and capacity when considering applications for judicial review. An unincorporated association is not a legal person and may not seek Judicial Review.
Rules of the Supreme Court Order 53 3(7)
1 Citers


 
Practice Note (White Finger Actions) Times, 13 January 1994
13 Jan 1994
QBD

Litigation Practice
Directions given for conduct of white finger PI actions.

 
Ogwr Borough Council v Knight and Others Times, 13 January 1994
13 Jan 1994
CA

Litigation Practice
Court of Appeal may not re-instate appeal once an abandonment is perfected.


 
 Regina v Horseferry Road Magistrates Court Ex Parte Bennett (No 3); QBD 14-Jan-1994 - Times, 14 January 1994
 
Hong Kong Toy Centre Ltd v Tomy Uk Ltd Ind Summary, 14 February 1994; Times, 14 January 1994
14 Jan 1994
ChD

Litigation Practice
A plaintiff having obtained ex parte interlocutory relief must proceed quickly, and push his case forward.

 
Mercantile List (Bristol) Lcj Practice Direction Gazette, 19 January 1994
19 Jan 1994
LCJ

Litigation Practice
PD sets up new commercial court at Bristol and directions for use.

 
Practice Direction: Chief Chancery Master 19 Nov 1993 Order of Accounts Section Number 2 1993 Gazette, 19 January 1994
19 Jan 1994
ChD

Litigation Practice
Accounts and drafting sections of Chancery division to merge from 11 Jan 94.

 
Kuwait Airways Corporation v Iraqi Airways Corporation (No 2) Gazette, 23 February 1994; Times, 20 January 1994; [1994] 1 WLR 985
20 Jan 1994
CA

Litigation Practice, Costs
A successful appeal on a costs award should be backdated to the original order.
1 Citers


 
Art Corporation v Schuppan Times, 20 January 1994
20 Jan 1994
QBD

Litigation Practice
Counsel on a Mareva application must ensure that the affidavits are read by the judge.

 
Practice Note: Fee for Note of Judgment Ind Summary, 24 January 1994
24 Jan 1994
CA

Litigation Practice
Refresher fee includes counsel noting and transcribing court's judgment.

 
Practice Direction: Intercountry Adoptions: Transfer of Proceedings Ind Summary, 24 January 1994
24 Jan 1994
FD

Litigation Practice
Circumstances for transfer of adoption cases to High Court.


 
 Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd; CA 26-Jan-1994 - Independent, 04 February 1994; [1994] Ch 205; [1994] 3 All ER 848; [1994] EWCA Civ 40; [1994] 2 FLR 194; [1994] 3 WLR 462; [1994] Fam Law 560; [1994] EG 15; [1994] BCC 390; [1955-95] PNLR 636; [1997] Costs LR 268
 
Brown v Guardian Royal Exchange Assurance Plc Independent, 11 February 1994; Times, 27 January 1994; Gazette, 02 March 1994
27 Jan 1994
CA

Legal Professions, Litigation Practice
Policy terms negate professional privilege between solicitor and insurance company's solicitor. No privilege against disclosure between firm, solicitors and own insurers.

 
Burton and Another v Metropolitan Borough Council (Builders-Ashingdon) Ltd and Another Times, 01 February 1994
1 Feb 1994
CA

Litigation Practice
To save a case, a re-amendment of the claim can be allowed if there is no prejudice.

 
McDonald v Secretary of State for Scotland Times, 02 February 1994; 1994 SC 234
2 Feb 1994
IHCS
Lord Justice Clerk Ross
Scotland, Litigation Practice
The pursuer, a prisoner, complained that he had been subject to repeated searches which he claimed were illegal. He sought damages and an injunction. Held: The action which the pursuer had raised was an ordinary action in the sheriff court was an action against the Crown, that section 21 of the 1947 Act applied and that the crave for interdict was incompetent. The 1947 Act deprived Scottish litigants of their previous right to obtain interdict and interim interdict against the Crown. Orders to that effect could not be pronounced in either the sheriff court or the Court of Session. An House of Lords decision on an action against a state was not necessarily binding in Scotland. There were formidable difficulties in the way of a submission that the decision in M v The Home Office could be followed in Scotland, on the view that application to the supervisory jurisdiction of the Court of Session in an application for judicial review under Rule of Court 260B of the Rules of the Court of Session 1965 did not constitute civil proceedings within the meaning of section 21.
Crown Proceedings Act 1947 21
1 Cites

1 Citers


 
Roebuck v Mungovin Gazette, 30 March 1994; Independent, 08 February 1994; Times, 04 February 1994; [1994] 2 AC 224
4 Feb 1994
HL

Litigation Practice
A defendant may ask for the Plaintiff's claim to be struck out despite having cause the Plaintiff to incur costs. That was not a bar to the application.
1 Cites

1 Citers


 
Rafidain Bank and others v Saipem Spa and others [1994] EWCA Civ 18
7 Feb 1994
CA
Dillon, Hobhouse, Stuart-Smith LJJ
Litigation Practice
Application to be allowed to bring in fresh evidence on full appeal hearing.
[ Bailii ]
 
Frank Jones (Builders) Ltd v Roberts Ind Summary, 07 February 1994
7 Feb 1994
CA

Litigation Practice
Payment by a defendant unaware of action to be included in calculation for scale of cost.

 
Lloyd's Litigation: Note Times, 08 February 1994
8 Feb 1994
ComC

Litigation Practice
List of dates for review of progress of different Lloyds claims.

 
Milano Assicurazioni Spa v Walbrook Insurance Co Ltd and Others Gazette, 02 March 1994; Times, 08 February 1994
8 Feb 1994
QBD

Litigation Practice
A plaintiff was to be allowed to amend the writ to publicise material which had been obtained on discovery, however an amendment to pleadings for publicity purposes only was an abuse of discovery.
Rules of the Supreme Court 20(10)

 
Magee v Armstong Engineering Services (London) Ltd and Others Times, 10 February 1994
10 Feb 1994
CA

Litigation Practice
Judge not to deprive second Defendant of costs where not liable to Plaintiff after payment in.

 
Cunningham v North Manchester Health Authority Independent, 15 February 1994
15 Feb 1994
CA

Litigation Practice
Retrial after Health Authority fails to disclose best X-ray evidence to P's expert.

 
Morris v Wiltshire Times, 15 February 1994
15 Feb 1994
CA

Litigation Practice
Pleadings were restored where the cause of action disclosed in prolix pleadings.
Rules of the Supreme Court Order 18 Rule 19-1

 
International Bulk Shipping and Services Ltd v The Mineral and Metals Trading Company of India; International Bulk Shipping and Services Ltd v The President of India; Himoff Maritime Enterprises Ltd v The President of India 16 February 1994, Unreported; [1996] 2 Lloyds Rep 474
16 Feb 1994
ComC
Waller J
Arbitration, Litigation Practice
cw Arbitration - award - limitation period - cause of action arising - implied promise to perform award – breach - RSC Order 15 r.6 - misjoinder and non-joinder of party - principles - RSC Order 15 r.6 - joinder of party - proceedings a nullity - no power
1 Cites

1 Citers


 
Willowgreen Ltd v Smithers Gazette, 16 February 1994; Ind Summary, 03 January 1994; Times, 14 December 1993; [1994] 1 WLR 832
16 Feb 1994
CA
Nourse LJ
Litigation Practice, Litigation Practice
Service was insufficient if the papers sent to an address at which defendant was never in fact present. A summons to be served by post had to go to an address where the person has a continuing presence. The case of White v West was applied independently of the rules of ther county court. The court had no discretion in the matter.
County Court Rules 1981 7(10)(1)(b)
1 Citers


 
In Re Caledonian Newspapers Ltd and Another Times, 16 February 1994
16 Feb 1994
OHCS

Litigation Practice
An English injunction is to be enforced in Scotland despite the different law.
Civil Jurisdiction and Judgments Act 1982 27(1)(c)

 
Willowgreen Ltd v Smithers Gazette, 16 February 1994; Ind Summary, 03 January 1994; Times, 14 December 1993; [1994] 1 WLR 832
16 Feb 1994
CA
Nourse LJ
Litigation Practice, Litigation Practice
Service was insufficient if the papers sent to an address at which defendant was never in fact present. A summons to be served by post had to go to an address where the person has a continuing presence. The case of White v West was applied independently of the rules of ther county court. The court had no discretion in the matter.
County Court Rules 1981 7(10)(1)(b)
1 Citers


 
Foxen v Scotsman Publications Ltd and Another Ind Summary, 28 March 1994; Times, 17 February 1994
17 Feb 1994
QBD

Jurisdiction, Defamation, Litigation Practice
A transfer for forum conveniens reasons is not possible between jurisdictions within the UK, and an action in England would not be stayed to allow an intended action in Scotland to proceed on that basis.


 
 Rastin v British Steel Plc, Todd v Evans, Adams v Geest Plc; CA 18-Feb-1994 - Times, 18 February 1994; Independent, 11 March 1994; [1994] 1 WLR 732
 
Balkanbank v Taher and Others Times, 19 February 1994
19 Feb 1994

Clarke J
Litigation Practice
Disclosure of legal advice.
1 Cites

1 Citers



 
 Regina v Lambeth London Borough Council, ex parte Mahmood; QBD 23-Feb-1994 - Times, 23 February 1994

 
 Khan v Armaguard Ltd; CA 23-Feb-1994 - [1994] EWCA Civ 19; [1994] PIQR 286; [1994] 3 All ER 545; [1994] 1 WLR 1204
 
Pounds v Pounds Times, 17 March 1994; Independent, 03 March 1994; [1994] EWCA Civ 10; [1994] 1 WLR 1535; [1994] 2 FCR 1055; [1994] 1 FLR 775
24 Feb 1994
CA
Neill LJ, Hoffmann LJ, Waite LJ
Litigation Practice, Family
Consent orders giving effect to financial settlements are to be drafted & dated with care. The one in this case mistakenly pre-dated the decree nisi. It was amended under the slip rule.
1 Citers

[ Bailii ]

 
 United Norwest Co-Operatives Ltd v Johnstone and Others; CA 1-Mar-1994 - Independent, 01 March 1994; Times, 24 February 1994
 
Parr and Another v Smith Ind Summary, 07 March 1994
7 Mar 1994
CA

Litigation Practice
A charging order is a form of 'execution' and may not be used again a legally aided party's dwelling.
Legal Aid Act 1988 17(3)(b)

 
Lloyd's Litigation: Case Management Times, 11 March 1994
11 Mar 1994
QBD

Litigation Practice
It was necessary to impress on Lloyd's litigants that there may be insufficient funds to pay awards.

 
In Re A Barrister (Wasted Costs Order) Gazette, 08 June 1994; Gazette, 30 March 1994; Times, 15 March 1994; Independent, 15 March 1994
15 Mar 1994
CA

Legal Professions, Litigation Practice
Barrister to pay wasted costs where he had no system for discovering the listing of cases. It was his personal responsibility for keeping abreast of such listings.

 
Virgin Group Ltd and Another v De Morgan Group Plc and Another Ind Summary, 28 March 1994; Times, 09 March 1994
28 Mar 1994
CA

Litigation Practice
Leave is to be given to appeal against the decision of an Official Referee on an issue of fact only if it would affect the decision on an appeal on law, and reasonable chance of success..

 
Art Corporation v Schuppan and Another Gazette, 30 March 1994
30 Mar 1994
QBD

Litigation Practice
Ex parte Mareva injunction was to be discharged after Plaintiff failed to describe the defence properly.

 
Neste Chemicals SA and Others v DK Line Sa and Another ("The Sargasso") Times, 04 April 1994; [1994] 3 All ER 180
4 Apr 1994
CA
Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins
Litigation Practice, Jurisdiction
An English Court becomes seised of a case on the service of the writ. Steyn LJ: "the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct". There were no "exceptions to the rule that date of service marks the time when the English court becomes definitively seised of proceedings". The ECJ in the Zelger case had "emphasise[d] the importance of certainty in national procedural laws", and that "a 'date of service' rule would be readily comprehensible not only in England but also in other Contracting States."
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters
1 Cites

1 Citers


 
Starmer v Bradbury Times, 11 April 1994; Ind Summary, 04 April 1994; [1994] FSR 458
4 Apr 1994
CA

Litigation Practice
District Judge holding arbitration has full discretion as to conduct of case. Validity of patent is res judicata - not to be re-opened. An appeal against a small claims arbitration must be for misconduct only and not on the facts.

 
Re Macro (Ipswich) Ltd; Re Earliba Finance Co Ltd Ind Summary, 04 April 1994
4 Apr 1994
ChD

Litigation Practice
Production of bundles for court requires co-operation from parties.


 
 Welsh Development Agency v Redpath Dorman Long Ltd; CA 4-Apr-1994 - Gazette, 01 June 1994; Ind Summary, 02 May 1994; Times, 04 April 1994; [1994] 1 WLR 1409; [1994] 4 All ER 10

 
 Re Palmer (A Deceased Debtor), Palmer v Palmer; CA 6-Apr-1994 - Independent, 06 April 1994; [1994] EWCA Civ 15

 
 Vernon v Bosley (1); CA 8-Apr-1994 - Times, 08 April 1994; [1994] PIQR 337
 
Practice Direction: Remuneration of Nautical and Other Assessors Ind Summary, 24 April 1994
24 Apr 1994
QBD

Litigation Practice
Sets out pay for assessors in admiralty court CA etc.

 
Mode of Address: Dame Elizabeth Butler-Sloss [1994] EW Misc 1 (Practice Not; [1994] 1 FLR 866
25 Apr 1994
Misc
Sir Thomas Bingham MR
Litigation Practice
Dame Elizabteh Butler-Sloss is to be addressed 'My Lady, Lady Justice Butler-Sloss'.
[ Bailii ]

 
 Hammersmith and Fulham London Borough Council v Hill; CA 25-Apr-1994 - Ind Summary, 02 May 1994; Gazette, 08 June 1994; Times, 25 April 1994; [1994] 27 HLR 368
 
Mode of Address Lord Justice Butler-Sloss Times, 02 May 1994
2 May 1994
CA

Litigation Practice
Lady Justices of appeal to be addressed as 'My lady, Lady Justice Butler Sloss'.

 
Kelliher v Savill Engineering Ltd Ind Summary, 02 May 1994
2 May 1994
CA

Litigation Practice
Judge may extend time for service of summons, particularly after court error.

 
In Re BCCI and Another; Morris and Others v Mahfouz and Others (No 3) Times, 05 May 1994
5 May 1994
ChD

Litigation Practice
An application to strike out solely on ground of non-compliance with rules of pleadings was not justified.

 
Deutsche Ruckversichering Ag v Walbrook Insurance Co Ltd Times, 06 May 1994; Gazette, 29 June 1994
6 May 1994
QBD

Litigation Practice
Affidavits may properly put forward matters not of own knowledge.
Rules of the Supreme Court 41 5-2

 
Cala Cristal Sa and Others v Emran Al-Borno and Others; (M Abdulaziz 3P) Times, 06 May 1994
6 May 1994
ChD

Litigation Practice
Legal costs to be paid out of funds secured under a Mareva order. It was not a dissipation of assets to defend the case.

 
Bank of England v Gibson Times, 09 May 1994; Ind Summary, 30 May 1994
9 May 1994
QBD

Criminal Practice, Litigation Practice
A court need not be satisfied as to the exact date of a theft, in order to make a finding that a theft had happened. The level of proof required in civil fraud cases will vary with the seriousness of allegation.

 
Kelliher v E H Savill Engineering Ltd and Others Times, 10 May 1994
10 May 1994
CA

Litigation Practice
Personal Injury documents unserved by Court's error is a 'good reason' for time extension.

 
Goose v Wilson Sandford and Co (A Firm) and Another Times, 10 May 1994
10 May 1994
ChD

Litigation Practice
A court can turn down, and refuse to hear or accept claims, which were similar to a previous, statute barred, deceit claim.
Limitation Act 1980 2
1 Citers


 
Mephistopheles Debt Collection Service (A Firm) v Lotay Gazette, 06 July 1994; Independent, 01 June 1994; Times, 17 May 1994
17 May 1994
CA

Litigation Practice
A vexatious litigant order applies equally to the business partners of a subject of the order.
Supreme Court Act 1981 42(1A)

 
Webb v Webb Times, 27 June 1994; C-294/92; [1994] ECR I-1717; [1994] EUECJ C-294/92
17 May 1994
ECJ

Litigation Practice, European
A Convention action must be based upon a right in rem not in personam. An action for a declaration that a person holds immovable property as a trustee and for an order requiring that person to execute such documents as are required to vest legal ownership under the lex situs in the plaintiff does not involve rights in rem within the meaning of Article 16(1). It was irrelevant that the plaintiff wanted to obtain ownership of an immovable; what is important is whether rights in rem are the object of the proceedings. Since the plaintiff did not claim that he already enjoyed rights directly relating to the property which were enforceable as against the whole world, but sought only to assert rights against the defendant, the action was not a right in rem within the meaning of Article 16(1), but an action in personam.
Brussels Convention 1968 16(1)
1 Citers

[ Bailii ]
 
Practice Note On Persistent Vegetative State (Pvs) Gazette, 18 May 1994
18 May 1994
QBD

Litigation Practice
Describe procedures to apply to HC to withdraw treatment to PVS patients.

 
Cheltenham and Gloucester Building Society v Grant Ind Summary, 23 May 1994; Times, 09 May 1994
23 May 1994
CA

Housing, Litigation Practice, Land, Evidence
The District Judge is to exercise his discretion informally on suspending possession, and need not apply the rules of evidence rigidly. He may consider that the defendant has sufficent means to support a clearance of the arrears over a reasonable period of time and thus to suspend the rder for possession, without taking direct evidence from him.
Administration of Justice Act 1970 - Administration of Justice Act 1973 8

 
Jordan v Norfolk County Council Times, 25 May 1994; Ind Summary, 20 June 1994; Gazette, 03 August 1994; [1994] 4 All E R 218; [1994] 1 WLR 1353
25 May 1994
ChD
Sir Donald Nicholls VC
Litigation Practice, Land, Environment
An order to replace trees 'as reasonably practical' was to include cost considerations, and it could be varied where the costs exceeded those expected. The mandatory order was varied. When considering what was meant by 'reasonably practical' ". . . there is very little nowadays which is not physically feasible if enough money is spent. Hence in this context the phrase is apt to include financial considerations."
1 Citers


 
Gidrxsime Shipping Co Ltd v Tantomar Transporters Maritimos Ltd Times, 27 May 1994; Gazette, 13 July 1994; [1995] 1 WLR 299
27 May 1994
QBD

Jurisdiction, Litigation Practice
The disclosure of papers which are outside the jurisdiction can be ordered within Mareva proceedings, and after judgment.
1 Citers


 
Singh v Parksfield Group Plc Times, 27 May 1994
27 May 1994
QBD

Litigation Practice
Calderbank offers not to be used instead of payments in damages cases.


 
 Sion v Hampstead Health Authority; CA 27-May-1994 - Times, 10 June 1994; [1994] 5 Med LR 170; [1994] EWCA Civ 26

 
 Director of Public Prosecutions v Hussain; QBD 1-Jun-1994 - Times, 01 June 1994; (1994) 158 JP 602
 
Practice Direction: Hearing Dates In the Chancery Division Gazette, 08 June 1994
8 Jun 1994
ChD

Litigation Practice
Setting of shorter target dates for hearing of Chancery matters.


 
 Petch v Gurney (Inspector of Taxes); CA 8-Jun-1994 - Ind Summary, 11 July 1994; Gazette, 13 July 1994; Times, 08 June 1994; [1994] 3 All ER 731; [1994] EWCA Civ 27; [1994] STC 689
 
Al-Tubaishi v Aung Gazette, 07 September 1994; Gazette, 08 June 1994; Gazette, 30 March 1994; Times, 10 March 1994; CAT No 233 of 1994
8 Jun 1994
CA
Stuart-Smith LJ, Kennedy LJ
Litigation Practice
If solicitors for one party know that the party being served is out of country, then service at his last known address is irregular. The procedure which allows deemed service is to be followed strictly. Stuart-Smith LJ: "Whether it is entirely right to say that there is no discretion in the matter or whether, as it seems to me, the Court of Appeal in White v Weston said that there may be a discretion but it can only be exercised one way, is I think immaterial. If it is an exercise of discretion, where there has been no service at all, the discretion can only be exercised one way as appears to have been the view of the court in Gold Ocean Assurance Ltd v Martin [1990] 2 Lloyd's Rep 215."
Rules of the Supreme Court 67.7
1 Citers


 
Practice Note -Fee for Note of Judgment Gazette, 15 June 1994
15 Jun 1994
QBD

Litigation Practice
Counsel's brief fee includes administration of obtaining note of judgment.

 
Singh v Parkfield Group Plc Ind Summary, 27 June 1994; [1996] PIQR Q110
27 Jun 1994
QBD

Litigation Practice
An offer to settle must be backed by a payment into court in debt actions. The defendant here could have protected his position by a payment into court, and therefore a Calderbank offer was ineffective.
Rules of the Supreme Court 22.14
1 Citers


 
C T Bowring and Co (Insurance) Ltd v Corsi and Partners Ltd Independent, 14 July 1994; Gazette, 07 September 1994; Times, 28 June 1994; [1994] 2 Lloyds Rep 567
28 Jun 1994
CA
Dillon LJ, Millett LJ
Litigation Practice
The plaintiff had obtained a Mareva injunction, later discharged by agreement. The defendant sought an inquiry as to damages on the cross-undertaking given when the injunction was granted, alleging that it had suffered substantial loss. The hearing of that application was expected to last some 5 days and the plaintiff applied under s726 for an order for security on the grounds that the defendant would be unable to pay any costs awarded against him. Held: Order 23 (together with s726) provided a complete and exhaustive code as regards the award of security and excluded the possibility of relying on inherent jurisdiction to award security against a defendant. It stated also that, if another category of case emerged in which it was felt that security should be available, it had to be provided for by legislation. A court might be persuaded to impose a term requiring the giving of security as an earnest of good faith if it were in real doubt as to the genuineness of the defendant's claim, but that this possibility would only be available in an extreme case and should not be regarded as letting in by the back door a general inherent jurisdiction to order security which does not exist.
Companies Act 1985 726(1) - RSC Order 23
1 Citers


 
Practice Statement: Hearing Dates In Chancery Division Gazette, 29 June 1994
29 Jun 1994
ChD

Litigation Practice
New shorter target hearing dates for chancery matters and procedures.

 
Afzal and Others v Ford Motor Co Ltd, Caldwell v Wiggins Teape Fine Papers Ltd Times, 06 July 1994; Independent, 16 June 1994
6 Jul 1994
CA

Litigation Practice
Personal Injury claims for work accidents can be suitable for the arbitration procedure as small claims.

 
Baldock v Addison and Others Gazette, 18 January 1995; Ind Summary, 11 July 1994; Times, 07 July 1994
7 Jul 1994
ChD

Litigation Practice
Discovery on quantum was to be treated separately from that on liability. In split trials discovery will normally be limited to the instant issue.


 
 Arbuthnott v Fagan; CA 11-Jul-1994 - Ind Summary, 11 July 1994

 
 Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar; HL 14-Jul-1994 - Independent, 15 July 1994; Times, 15 July 1994; Gazette, 02 November 1994; [1995] 1 AC 274; [1994] UKHL 8; [1994] 3 WLR 433; [1994] 3 All ER 420

 
 Jaggard v Sawyer and Another; CA 18-Jul-1994 - Ind Summary, 22 August 1994; [1995] 1 WLR 269; [1994] EWCA Civ 1; [1995] 13 EG 132; [1995] 2 All ER 189; [1995] 1 EGLR 146; [1994] EGCS 139

 
 Khanna v Lovell White Durrant (A Firm); ChD 19-Jul-1994 - Ind Summary, 08 August 1994; Gazette, 07 December 1994; Times, 19 July 1994; [1995] 1 WLR 121
 
International Bulk Shipping and Services Ltd v The Mineral and Metals Trading Company of India; International Bulk Shipping and Services Ltd v The President of India; Himoff Maritime Enterprises Ltd v The President of India
26 Jul 1994
ComC
HHJ Diamond QC
Litigation Practice
Amendment with leave - mistake - mistake as to identity of person intending to sue - mistake as to name of that party - distinction.
1 Cites

1 Citers



 
 Arab Monetary Fund v Hashim and Others (Number 9); ChD 29-Jul-1994 - Times, 11 October 1994; [1994] CLY 3555
 
In Re Little Olympian Eachways Ltd Times, 29 July 1994; Ind Summary, 03 October 1994; [1995] 1 WLR 560; [1994] 2 BCLC 420
29 Jul 1994
ChD
Lindsay J
Litigation Practice, Company
A Jersey company (Supreme) had brought a petition under the section against the company. An application was made for security for costs against Supreme. It could only be made if Supreme was resident outside the UK. Supreme argued that, despite being a Jersey company, it was resident in the United Kingdom, and that therefore the order could not be made against it. Held: It was resident in Jersey and the court made the order. The board members were partners in a firm of Jersey advocates. It was run from the offices of that firm. Its only asset was a holding of shares in Little Olympian Each Ways Ltd. An individual who lived in England, Mr Lemos, said that he provided central management and control of Supreme, but he gave no details, and the judge was unimpressed. A letter from one of the Jersey advocates who were directors said that if Mr Lemos was ever to give instructions to them directly he (the Jersey advocate/director) would act in accordance with them provided that he was satisfied that they were consistent with Jersey company law and with the interests of the two persons who were understood to be interested in the share capital. The court referred to 'the shadowy nature' of Supreme, but held it to be resident in Jersey. The ordinary residence of company for the purposes of RSC Ord. 23 is with the central management and control.
Companies Act 1985 459
1 Citers


 
Practice Direction: Court Dress Ind Summary, 01 August 1994
1 Aug 1994
CACD

Litigation Practice
Direction on standards of dress in Crown court - solicitors not to wear wigs.
Courts and Legal Services Act 1990


 
 Practice Direction (Ex Parte Mareva and Anton Pillar Orders); QBD 2-Aug-1994 - Times, 02 August 1994; Independent, 11 August 1994
 
In Re Thundercrest Ltd Times, 02 August 1994
2 Aug 1994
ChD

Litigation Practice
Service of notice deeming provisions set aside by knowledge of non-service.

 
Mercury Communications Ltd v Director General of Telecommunications and Another Independent, 19 August 1994; Times, 03 August 1994; Gazette, 07 October 1994
3 Aug 1994
CA

Litigation Practice, Arbitration
Parties having contracted to resolve differences by an agreed procedure, could not go back on that agreement. The court will not replace an agreement for a resolution method chosen by parties with own advice and freely.
1 Cites

1 Citers


 
GE Capital Corporate Finance Group v Bankers Trust Co and Others Gazette, 12 October 1994; Independent, 02 September 1994; Times, 03 August 1994; [1995] 1 WLR 172
3 Aug 1994
CA
Hoffmann LJ, Legatt LJ
Litigation Practice
Irrelevant parts of documents required to be disclosed may be blanked out on discovery by the party giving discovery. Hoffmann LJ: 'It has long been the practice that a party is entitled to seal up or cover up parts of a document which he claims to be irrelevant', and after citing Jones v Andrews, 'In my view, the test for whether on discovery part of a document can be withheld on grounds of irrelevance is simply whether that part is irrelevant'.
1 Cites

1 Citers


 
Kelliher v E H Savill Engineering Ltd and Others Gazette, 03 August 1994
3 Aug 1994
CA

Litigation Practice
Failure of court led to extension of time limit for service of summons.

 
Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others Gazette, 06 January 1993
4 Aug 1994
CA

Litigation Practice
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind.
1 Cites

1 Citers


 
Roger Max Owen Associates v Beamish and Another Times, 05 August 1994
5 Aug 1994
QBD

Litigation Practice
A counterclaim can be struck out for want of prosecution despite its absence from being mentioned in the rule.

 
Vernon v Bosley Times, 05 August 1994
5 Aug 1994
QBD

Litigation Practice
The Judge may impose a schedule for the examination of witnesses if there is a severe overrun of the case at the hearing.
1 Cites

1 Citers


 
McDonald and Others v Horn and Others Ind Summary, 08 August 1994; Times, 10 August 1994; [1995] 1 All ER 961; (1994) 144 NLJ 1515; [1995] ICR 685; [1995] 1 CR 685
8 Aug 1994
CA
Hoffmann LJ
Litigation Practice, Costs
A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: "if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority shareholder's action for damages on behalf of the company and an action by a member of a pension fund to compel trustees or others to account to a fund. In both cases a person with a limited interest in a fund, whether a company's assets or a pension fund, is alleging injury to the fund as a whole and seeking restitution on behalf of the fund. And what distinguishes the shareholder and pension fund member, on the one hand, from the ordinary trust beneficiary, on the other, is that the former have both given consideration for their interests. They are not just recipients of the settlor's bounty which he, for better or worse, has entrusted to the control of trustees of his choice. The relationship between the parties is a commercial one and the pension fund members are entitled to be satisfied that the fund is being properly administered. Even in a non-contributory scheme, the employer's payments are not bounty. They are part of the consideration for the services of the employee. Pension funds are such a special form of trust and the analogy between them and companies with shareholders is so much stronger than in the case of ordinary trusts that, in my judgment, that it would do no violence to established authority if we were to apply to them the Wallersteiner v. Moir (No. 2) procedure."
As to the court's powers to award costs: "The court's jurisdiction to deal with litigation costs is based upon section 51 of the Supreme Court Act 1981, which, is derived from section 5 of the Supreme Court of Judicature Act 1890.
The background to the Act of 1890 is briefly as follows. In the old courts of common law, costs followed the event. The judge had no discretion. In the Court of Chancery, costs were in the discretion of the court but that discretion was exercised according to certain principles which I shall discuss later. The first Rules of the new Supreme Court of Judicature (enacted in 1875) adopted the Chancery practice.
The discretion conferred by section 51 is by no means untrammelled. It must be exercised in accordance with the rules of court and established principles." and "In the case of a fund held on trust, therefore, ["therefore" is explained by his immediately previous citation of sub rule 2 of order 62, rule 6 of the then Rules of the Supreme Court] the trustee is entitled to his costs out of the fund on an indemnity basis, provided only that he has not acted unreasonably or in substance for his own benefit rather than that of the fund. Trustees are also able to protect themselves against the possibility that they may be held to have acted unreasonably or in their own interest by applying at an early stage for directions as to whether to bring or defend the proceedings. This procedure, sanctioned by the decision of the Court of Appeal in Re Beddoe, Downes v Cottam requires the trustee to make full disclosure of the strengths and weaknesses of his case. Provided that such disclosure has been made, the trustee can have full assurance that he will not personally have to bear his own costs or pay those of anyone else."
Supreme Court Act 1981 51 - Supreme Court of Judicature Act 1890 5
1 Cites

1 Citers


 
H J Banks and Co Ltd and Others v British Coal Corporation Times, 10 August 1994
10 Aug 1994
QBD
Mance J
Litigation Practice, Utilities, European
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.
1 Cites

1 Citers


 
Commercial Court Practice Direction Times, 15 August 1994; Independent, 12 August 1994
12 Aug 1994
ComC

Litigation Practice
3rd edition of Guide to Commercial Court Practice issued - lists main points of practice.

 
Aectra Refining and Marketing Inc v Exmar NN Ind Summary, 22 August 1994; Times, 15 August 1994; [1995] 1 All ER 641; [1994] 1 WLR 1634
15 Aug 1994
CA
Hoffman LJ, Hirst LJ
Litigation Practice, Transport
A time loss claim can found a legal set-off claim against ship owners, provided that the loss claim can be made in the same court. The court referred to a "transaction set-off and independent set-off". Cross-claims must both be due and payable, and either liquidated or capable of being quantified by reference to ascertainable facts that do not, in their nature, require estimation or valuation.
Hoffman LJ reaffirmed the procedural character of legal set-off, saying: "Independent set-off, as its name suggests, does not require any relationship between the transactions out of which the cross claims arise. In English law it is based on section 13 of the Insolvent Debtors Relief Act 1729 . . The procedural basis of independent set-off is reflected in the rule that the mere existence of liquidated cross-claims does not automatically extinguish the smaller debt . . It operates only by express or implied agreement or through the judicial process by which the account is taken. As Sir George Jessel MR said in Talbot v Frere (1878) 9 ChD, 568, 573 "there could not be a set-off until action brought and set-off pleaded." The Act of 1729 is expressed in procedural terms"
1 Cites

1 Citers


 
Newport Association Football Club Ltd and Others v Football Association of Wales Ltd Ind Summary, 15 August 1994
15 Aug 1994
ChD

Litigation Practice
Interlocutory injunction available where only claim in restraint of trade.

 
In Re Manlon Trading Ltd Times, 15 August 1994; Ind Summary, 15 August 1994
15 Aug 1994
ChD

Litigation Practice
A different approach is required on striking out in Company Director Disqualification proceedings.
Company Directors Disqualification Act 1986
1 Citers


 
Grovewood Holding Plc v James Capel and Co Ltd Independent, 20 September 1994; Times, 15 August 1994; [1995] Ch 80
15 Aug 1994
ChD
Lightman J
Litigation Practice
A champertous arrangement is unlawful. The action was time barred. It was not an assignment of the cause of action. Such a claim by a liquidator will not be permitted to proceed. The court granted a stay in an action being funded pursuant to a champertous arrangement by the liquidator. He held that that, whether or not the expressions of opinion in Martell that, in a case of maintenance, a stay should not be ordered remained good law (see further below), there was no doubt that the court was free, in the case of a champertous agreement, to grant a stay on the basis that it constituted a continuing abuse of process which the court, as well as the defendants, had an interest in bringing to an end.
Lightman J said: "This ground ceases to have any force with the abolition of the crime of maintenance, and the recognition of so many grounds for a stay which do not constitute defences, e.g. absence of authority of the plaintiff's solicitors, forum non conveniens or the fact that the action is brought for a collateral (improper) purpose."
1 Cites

1 Citers


 
Def American Inc v Phonogram Ltd Times, 16 August 1994
16 Aug 1994
ChD

Litigation Practice
Reading document in court does not destroy privilege where party has seen in who.

 
Atlantic Capital Corporation v Burney; Atlantic Capital Corporation and Others v Johnson Ind Summary, 26 September 1994; Unreported, 15 September 1994
15 Sep 1994
CA

Litigation Practice, Contempt of Court
The person in contempt had failed to comply with a series of asset-tracing orders which "depended critically" upon the rightfulness of a default judgment earlier obtained against him. The court did not prevent him challenging the basis of those orders despite being in contempt of them. The court considered the procedure where a contemnor sought to set aside the order he was claimed to be in contempt of.
1 Citers


 
Phonogram Ltd and Another v Def American Inc Times, 07 October 1994
7 Oct 1994
ChD

Litigation Practice
International injunction in proceedings stayed for foreign court, possible but to be rarely exercised.

 
Phonogram Ltd and Another v Def American Inc Independent, 12 October 1994
12 Oct 1994
ChD

Litigation Practice
Power to injunct in proceedings stayed for foreign action, exists but rare.

 
Chiron Corporation and Others v Murex Diagnostics Ltd Ind Summary, 24 October 1994; Times, 14 October 1994
14 Oct 1994
CA

European, Litigation Practice
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of an application for leave to appeal to the House of Lords. The decision of the House as to leave was a judicial one and not merely administrative.
1 Cites

1 Citers


 
Formica Ltd v Export Credits Guarantee Department Times, 19 October 1994
19 Oct 1994
ComC
Colman J
Contract, Litigation Practice
A guarantor was entitled to see documents created by the company in chasing a debt. Procedure - specific discovery - common interest relied upon by applicant for discovery - insurance - documents brought into existence in furtherance of a common interest.
1 Citers


 
Islam v Askar Gazette, 16 November 1994; Times, 20 October 1994; Ind Summary, 31 October 1994
20 Oct 1994
CA

Litigation Practice
The Court has an inherent power to vary a Tomlin order to correct a mistake even if this is against wishes of a party.

 
Practice Direction:(Crown Office List: Time Estimates and Paginated Bundles) Times, 27 October 1994
27 Oct 1994
COL

Litigation Practice
Detailed instructions for preparation of skeleton arguments and bundles and list.

 
St Martin's Property Investments Ltd v Philips Electronics (UK) Ltd Gazette, 02 November 1994
2 Nov 1994
ChD

Litigation Practice
'Proceedings against Crown' includes third Party proceedings and must be transferred to London.

 
Allied Irish Bank Plc v Hughes and Another Times, 04 November 1994
4 Nov 1994
CA

Litigation Practice
Amendments which been made to a Tomlin order for the purposes of clarifying it do not invalidate it.


 
 Shocked and Another v Goldschmidt and Another; CA 4-Nov-1994 - Ind Summary, 05 December 1994; Times, 04 November 1994; [1998] 1 ELR 273
 
Ezekiel v Orakpo Independent, 23 November 1994; Times, 08 November 1994
4 Nov 1994
ChD
Carnwath J
Litigation Practice
The claimant had obtained a charging order to secure a judgment debt, but took no steps to enforce it for more than twelve years. The chargee denied that it could any longer be enforced, and also that the order carried interest when interest had not been mentioned. Held: A charging order impliedly includes a charge to secure the costs and also interest for the six years up to the start of the action. Carnwath J said: "So far as concerns the costs of enforcing the security, it is well established that:-
"A mortgagee is allowed to re-imburse himself out of the mortgaged property for all costs charges and expenses reasonably and properly incurred in enforcing or preserving his security..." although that principle is based on an implied term in the mortgage contract (see Gomba Holdings v Minories Finance 1993 CH 171 at p 184) the same principle is in my view applicable (by virtue of section 3(4) of the 1979 Act) to a Charging Order."
Charging Orders Act 1979 3(5)
1 Cites

1 Citers



 
 James and Another v Barclays Bank Plc; CA 7-Nov-1994 - Times, 07 November 1994; Ind Summary, 21 November 1994
 
Practice Direction: Crown Office List Gazette, 16 November 1994
16 Nov 1994
COL

Litigation Practice
Detailed provisions for listing and preparation of cases in Crown Office.

 
Form N293: Certificate of Judgement or Order: Preparation by Plaintiff Gazette, 16 November 1994
16 Nov 1994
QBD

Litigation Practice
Plaintiff's were encouraged to complete the judgment form to speed the transfer to the High Court.

 
Metcalf v Bedfordshire County Council Times, 17 November 1994
17 Nov 1994
CA

Litigation Practice
Judge's right to control own list is not to stop adjournment when case is clearly unready to proceed.

 
Balkanbank v Taher and Others (No 2) Times, 01 December 1994; [1995] 1 WLR 1067
18 Nov 1994
CA
Neill LJ, Evans LJ, Saville LJ
Litigation Practice
The plaintiffs had sued in Ireland and obtained a Mareva injunction. That injunction was then first extended to a worldwide injunction, before being set aside. The court could itself to enquire as to damages without deciding whether to enforce the undertaking in damages given by the plaintiff.
Rules of the Supreme Court O15 r6 - Supreme Court Act 1981 49(2)
1 Cites

1 Citers


 
Re C (Expert Evidence: Disclosure: Practice) [1994] EWHC Fam 4; [1995] 2 FCR 97; [1995] 1 FLR 204; (1995) 159 LG Rev 849; [1995] Fam Law 176
21 Nov 1994
FD
Cazalet J
Litigation Practice, Family

[ Bailii ]
 
Crompton v Lancashire County Council Times, 24 November 1994
24 Nov 1994
QBD

Litigation Practice
Later law change on admitting video evidence justified case re-opening.


 
 Unilever Plc v Chefaro Proprietaries Ltd; Chiron Corp etc v Organon; CA 24-Nov-1994 - Times, 28 November 1994; Independent, 24 November 1994; [1994] FSR 135
 
Headford v Bristol and District Health Authority Times, 30 November 1994
30 Nov 1994
CA

Litigation Practice
Prejudice to defendant by delay was irrelevant within the limitation period by a Plaintiff under a disability.

 
Balkanbank v Taher and Others (No 3) Times, 01 December 1994; Gazette, 05 January 1995
1 Dec 1994
CA

Litigation Practice, Jurisdiction
The court will allow a counterclaim on an undertaking after the action had ceased in other Jurisdiction, and the court had power to award damages arising from a Mareva injunction obtained in Ireland.
1 Cites



 
 Commissioners of Customs and Excise v Valerian Raz and Portcullis (Vat Consultancy) Ltd; QBD 5-Dec-1994 - Times, 05 December 1994
 
Three Rivers District Council and Others v Governor and Company of Bank of England Times, 06 December 1994; Independent, 13 December 1994; [1996] QB 292
6 Dec 1994
CA
Peter Gibson LJ
Equity, Banking, Litigation Practice
Equitable assignors of a deposit cannot pursue a claim for recovery of the assigned debt without joining in the assignee as a party, though it can sue in its own name.
1 Citers


 
Kent County Council v Mulitmedia Marketing (Canterbury) Ltd and Another Times, 07 December 1994
7 Dec 1994
QBD

Litigation Practice
A computer disc was properly exhibited to an affidavit to avoid any doubts about a change in its content.

 
McFarlane v E E Caledonia Ltd Ind Summary, 16 January 1995; Times, 08 December 1994; [1995] 1 WLR 366
8 Dec 1994
QBD
Longmore J
Litigation Practice
The court can order a champertous non-party to pay a successful defendant's costs of defending the claim.
A non-party unlawfully supporting an action was ordered to pay the costs of the defendant. Held: It may not be necessary to every case of lawful maintenance that the maintainer should accept a liability for a successful adverse party's costs; for example, a member of a family or a religious fraternity may well have a sufficient interest in maintaining an action to save such maintenance from contractual illegality, even without any acceptance of liability for such costs. But in what one may call a business context (e.g. insurance, a trade union activity, or commercial litigation support for remuneration) the acceptance of such liability will always, in my view, be a highly relevant consideration."
1 Cites

1 Citers



 
 Muller and Another v Linsley and Mortimer (A Firm); CA 8-Dec-1994 - Gazette, 18 January 1995; Times, 08 December 1994; [1996] PNLR 74; [1994] EWCA Civ 39
 
Trust Securities Holdings Ltd and Another v Sir Robert Mcalpine and Sons Ltd and Others Times, 21 December 1994
21 Dec 1994
CA

Litigation Practice
The parties were reminded of the basic purpose of pleadings - not a game for lawyers.

 
Savill v Southend Health Authority Times, 28 December 1994; [1995] 1 WLR 1254
28 Dec 1994
CA

Litigation Practice
Extension of time application without reasons being given properly refused.
1 Citers


 
Regina v Secretary of State for the Home Department Ex Parte Goswell Times, 31 December 1994
31 Dec 1994
QBD

Litigation Practice
Police complaints procedure papers not to be made available to complainant.
Police Act 1946 Sch 5

 
Practice Direction (Hansard References) Times, 31 December 1994
31 Dec 1994
CA

Litigation Practice
Detailed directions were given for quoting of and from Hansard in civil and criminal cases.

 
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