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Litigation Practice - From: 1996 To: 1996

This page lists 183 cases, and was prepared on 02 April 2018.

 
Rexhaven v Nurse (1996) 28 HLR 241
1996


Landlord and Tenant, Litigation Practice


 
Smith v Linskills Gazette, 28 February 1996; Times, 07 February 1996; [1996] 1 WLR 763; [1996] 2 All ER 353
1996
CA
Sir Thomas Bingham, MR
Professional Negligence, Legal Professions, Litigation Practice
The claimant, a convicted burglar took proceedings against his former solicitors. He alleged that the negligence of the solicitor caused his wrongful conviction. Held: The case was dismissed. The claimant was seeking to re-litigate issues which had already been litigated in proceedings in the criminal court in which he had been a participant. The case of Hunter does not lay down an inflexible rule to be applied willy-nilly to all cases which might arguably be said to be within it.
CS Sir Thomas Bingham MR identified: "the affront to any coherent system of justice which must necessarily arise if there subsist two final but inconsistent decisions of courts of competent jurisdiction. Such would, we think, be the case here if there were a subsisting Crown Court decision that Mr Smith was, beyond reasonable doubt, guilty of aggravated burglary and a subsisting civil court decision that if his defence been properly prepared he would and should have been acquitted. No reasonable observer could view this outcome with equanimity. " and "It is, however, plain that the thrust of his case in these proceedings is that if his criminal defence had been handled with proper care he would not, and should not, have been convicted. Thus the soundness or otherwise of his criminal conviction is an issue at the heart of these proceedings. Were he to recover substantial damages, it could only be on the basis that he should not have been convicted . . It is certainly true that in his speech in Hunter's case . . Lord Diplock attached considerable significance to the ulterior purpose which lay behind the proceedings brought by the intending plaintiff in that case. We have no doubt at all but that the existence of such an ulterior motive provides a strong and additional ground for holding proceedings to be an abuse. The question is whether such an ulterior motive is a necessary ingredient of abuse."
1 Cites

1 Citers


 
Citi-March Ltd v Neptune Orient Lines Ltd [1996] 1 WLR 1367; [1996] 2 All ER 545
1996

Colman J
Litigation Practice
Colman J regarded separate trials in England and Singapore as not only inconvenient but also a potential source of injustice and made an order intended to achieve a composite trial in London despite a Singaporean exclusive jurisdiction clause
1 Citers


 
Routestone Ltd v Minories Finance [1997] BCC 180; [1997] 1 EGLR 123
1996
ChD
Jacob J
Negligence, Litigation Practice
A receiver's management duties will ordinarily impose on him no general duty to exercise the power of sale, or to 'work' an estate by refurbishing it before sale. Speaking of the role of an expert witness "What really matters in most cases are the reasons given for the opinion. As a practical matter a well constructed expert's report containing opinion evidence sets out the opinion and the reasons for it. If the reasons stand up, the opinion does, if not, not."
1 Citers


 
Providence Capitol Trustees Ltd v Ayres [1996] 4 All ER 760
1996


Litigation Practice
If the Pensions Ombudsman takes part in an appeal and makes himself a party to the lis, he is at risk as to the costs of the appeal. It may be appropriate to make an application before the main hearing to settle such issues. The ombudsman will only be ordered to pay the costs of a successful appellant "to the extent to which they have been increased by the ombudsman's appearance on the appeal."
1 Citers


 
Swiss Army Knife [1996] RPC 507
1996
ChD
Jacob J
Intellectual Property, Litigation Practice
Jacob J said: "six months is a very generous period for the filing of evidence".
1 Citers


 
Re Bullard and Taplin Ltd [1996] BCC 973
1996
ChD
Knox J
Litigation Practice, Insolvency
Tne question of whether there was at any time 'pending court proceedings' was answered by asking if there existed a court file. The section empowered a court itself to appoint another trustee in bankruptcy. Section 41 of the 1984 Act could be used by the HighCourt to take some control over proceedings for an individual voluntary arrangement in the County Court.
Insolvency Act 1986 303 - County Courts Act 1984 41(1)
1 Citers


 
Brillouet v Hachette Magazines Ltd [1996] BPIR 518
1996

Vinelott J
Insolvency, Litigation Practice
A party should not be allowed to put an argument again which had been lost at an earlier stage merely because he felt he had found a better way of putting the argument.
1 Citers



 
 Regina v Lowestoft Magistrates, ex parte Adamson; 1996 - [1996] COD 276

 
 David v Charlemagne; CA 1996 - (1996) 5 PIQR 318

 
 Liddell v Middleton; CA 1996 - [1996] PIQR P36
 
Hayes v Dowding [1996] PNLR 578
1996

Jonathan Parker J
Legal Professions, Litigation Practice
Disputes over the running of a private company had been compromised by the plaintiffs' solicitors. The plaintiffs sought to upset the compromise on the basis that they had been induced by a misrepresentation. The Defendants sought disclosure of privileged documents, particularly those passing between the plaintiffs and their solicitors. Held: Jonathan Parker J discussed the judgments in NRG and in Lillicrap and said: "As I read the judgment of Dillon LJ, in accepting the judge's formulation of the scope of the waiver Dillon LJ was accepting (a) that the fact which gives rise to the implication of waiver is the fact that the plaintiff has invited the court to adjudicate on the particular issue and (b) that implicit in that invitation is an acceptance on the part of the plaintiff that in making its adjudication the court must have access to all the evidential material which is required to enable it to do so fully and fairly . . In my judgment the decision in Lillicrap v. Nalder is authority for the proposition that it is not a necessary condition of an implied waiver of privilege by a plaintiff that the documents in question should be privileged as between the plaintiff and the defendant. As I read the decision in Lillicrap v. Nalder, the principles expressed by the Court of Appeal in that case are applicable to privileged communications between a plaintiff and a third party."
As to Wardrope, he said: "Moreover, as I indicated earlier, Derrington J's decision and his reasoning is, in my judgment, entirely consistent with and covered by the decision of the Court of Appeal in Lillicrap v. Nalder. The same consideration applies, in my judgment, to the decision in the American case of Hearn v. Rhay considered by Colman J in NRG v. Bacon & Woodrow. It appears from the reports of those cases - although I must make it clear that in relation to Hearn v. Rhay I have only seen the report of the NRG case - that the principles of implied waiver based upon the contents of the pleadings in the action are substantially the same in each of the three jurisdictions."
1 Cites

1 Citers


 
Wardrope v Dunne [1996] 1 Qd R 224
1996

Derrington J
Commonwealth, Legal Professions, Litigation Practice
(Queensland) Where in his pleadings a party relies upon his state of mind and it would be unfair to permit that party to maintain privilege in respect of communications passing between them and their legal advisers which might bear upon the existence of that state of mind, legal privilege may be lost.
Derrington J said: "The same basic principle is relevant to this issue, that is, whether the original privilege has been lost because the state of mind of Mr Johnston, which may or may not have been influenced by the privileged material, is in issue. In the resolution of that issue it is necessary to investigate all relevant matters in his mind at the time in order to determine whether he was so induced by the alleged representations at all. Cognate to this is the question whether other factors constituted the inducement. The recommendations of Mr Miller and the terms of all advice concerning the recommendations which Mr Johnson says provided the material upon which he made his decision is obviously highly relevant to the enquiry. It would be grossly unjust to the plaintiff to deny him access to it in order to investigate and test the claim.
Notwithstanding the high status of professional privilege and the careful protection which the law affords it, when the contents of a privileged communication become the subject of a legitimate and reasonable issue in the litigation, then the privilege is lost."
1 Citers


 
Process Development v Hogg [1996] FSR 45
1996


Litigation Practice
One party may not object to the use in litigation by his opponent of information properly belonging to that opponent.


 
 Iberian UK Ltd v BPB Industries plc; ChD 1996 - [1997] ICR 164; [1996] 2 CMLR 601; [1997] EuLR 1
 
Renworth Ltd v Stephansen and Another Times, 16 January 1996; Independent, 10 January 1996; [1996] 3 All ER 244
10 Jan 1996
CA

Litigation Practice
There was no privilege against self incrimination in a civil action for a fanciful fear of criminal charges.
Theft Act 1968 21(1)
1 Citers


 
Reville v Wright Times, 18 January 1996; Gazette, 21 February 1996; [1996] 1 WLR 592
18 Jan 1996
CA
Otton LJ
Litigation Practice
Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. "The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests: see Rastin; Hoskins; (b) in relation to both these tests the onus of proof lies on the plaintiff; (c) the plaintiff must satisfy the court that the action has been conducted with at least reasonable diligence; (d) in this context diligence must be tested, not by the approach adopted by the court on applications to dismiss for want of prosecution, but by the new timetables laid down by Ord.17, r.11; (e) the plaintiff must secondly satisfy the court that the failure to apply for a hearing date within the time limit laid down by the rules was ´excusable'."
County Court Rules 1981 17(11)
1 Cites

1 Citers


 
Russell v Dennis Times, 18 January 1996; Gazette, 21 February 1996
18 Jan 1996
CA

Litigation Practice
A mistake as to the legal effect of the court's timetable is no excuse to prevent an automatic striking out of a case.
County Court Rules 1981 17(11)


 
 Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc; CA 18-Jan-1996 - Times, 18 January 1996; Gazette, 21 February 1996; [1996] 1 WLR 571

 
 Carr v Northern Clubs Federation Brewery Ltd; CA 18-Jan-1996 - Times, 18 January 1996
 
Mackenzie v Business Magazines (Uk) Ltd and Others Times, 05 March 1996
18 Jan 1996
CA

Litigation Practice
Consent to amendment of defence wrongfully refused without finding of mala fides.
1 Citers


 
Lightfoot v National Westminster Bank Plc; Roberts v British Telecom Plc Etc Times, 18 January 1996; Gazette, 21 February 1996
18 Jan 1996
CA

Litigation Practice
To 'deliver' is to lodge a defence at court as opposed to when it is sent for questions as to start of court timetables.
County Court Rules 1981 17(11) - County Court Rules 1981 17(11)

 
Hackwell v Blue Arrow Plc (Trading As Extra Staff) and Another Times, 18 January 1996; Gazette, 21 February 1996
18 Jan 1996
CA

Litigation Practice
Solicitor's oversight of effect of rules is no excuse which would serve to justify court allowing time extension.
County Court Rules 1981 17(11)

 
Williams v Globe Coaches and Another; Darby v Ginsters Cornish Pasties Ltd Times, 18 January 1996; Gazette, 21 February 1996
18 Jan 1996
CA

Litigation Practice
The automatic directions timetable takes precedence over the contrary information given in the court form.
County Court Rules 1981 17(11) - County Court Rules 1981 17(11)

 
Tarry v Humberside Finance Ltd Times, 19 January 1996; Gazette, 21 February 1996
19 Jan 1996
CA

Litigation Practice
Automatic directions did not apply to proceedings transferred from the High Court before 1990.
County Court Rules 1981 17(11)

 
Series 5 Software Ltd v Clarke and Others Times, 19 January 1996
19 Jan 1996
ChD

Litigation Practice
American Cynamid does not stop judge assessing strength of affidavit evidence.

 
Peters v Winfield and Another; Churchill v Forest of Dean District Council and Another Times, 19 January 1996; Gazette, 21 February 1996
19 Jan 1996
CA

Litigation Practice
The automatic directions timetable starts when the last defendant delivers his defence.
County Court Rules 1981 17(11)(9)

 
Downer and Downer Ltd v Brough; Protim Services Ltd v Newcomb Times, 19 January 1996; Gazette, 21 February 1996
19 Jan 1996
CA

Litigation Practice
Interlocutory direction by judge displaces the automatic directions timetable.
County Court Rules 1981 17(11)


 
 North West Thames Regional Health Authority v Shephard Robson (A Firm) and Others; CA 23-Jan-1996 - Times, 23 January 1996; Ind Summary, 12 February 1996
 
Meredith and Another v Wm A Merrick and Co (A Firm) Times, 31 January 1996
31 Jan 1996
CA

Litigation Practice
Re-trial ordered after judgment failed to refer to findings on crucial facts.


 
 Miah v Sewell and Another; CA 6-Feb-1996 - Times, 06 February 1996
 
Wood v Perfection Travel Ltd and others Unreported, 8 February 1996
8 Feb 1996
CA

Litigation Practice


 
Rentall Ltd and Another v D S Willcock Ltd and Others Times, 09 February 1996
9 Feb 1996
CA

Litigation Practice
It was an abuse of process to restart third party proceedings after consenting to their dismissal.

 
Parrott v Jackson Times, 14 February 1996
14 Feb 1996
CA

Litigation Practice
Admission of negligence but not damage did not allow entry of judgment.

 
Desert Sun Loan Corporation v Hill Gazette, 20 March 1996; Times, 21 February 1996; [1996] 2 All ER 847
21 Feb 1996
CA
Evans LJ
Estoppel, Litigation Practice
A defence of Issue Estoppel was not available where the issue which was claimed to have been decided had been made under an unclear foreign procedure. It was also essential that the issue in respect of which an estoppel was now asserted had been a finding necessary to the judgment to be relied upon: "The principle is that an issue of fact or law which necessarily was concluded in favour of one party in the foreign proceedings cannot be reopened in foreign proceedings between the same parties here."
1 Citers


 
Jackson v Slater Harrison and Co Ltd Gazette, 21 February 1996
21 Feb 1996
CA

Litigation Practice
Re-instatement on automatic strike out; not as dismissal for want of prosecution.
County Court Rules 1981 Order 17 11


 
 Ismail and Another v Richards Butler (A Firm); QBD 23-Feb-1996 - Gazette, 06 March 1996; Times, 23 February 1996
 
Biogen v Smithkline Beecham Biologicals C-181/95; [1997] ECR I-386; [1997] RPC 833
26 Feb 1996
ECJ

European, Litigation Practice
ECJ (Order) A natural or legal person who has not sought or been granted leave to intervene before the national court is not entitled to apply for leave to intervene in preliminary ruling proceedings before the Court of Justice in order to submit observations on the question raised by the national court.
Article 37 of the Statute of the Court recognizes a right to intervene, but only in contentious proceedings designed to settle a dispute and not in proceedings under Article 177 of the Treaty; Article 177 provides for a right to submit observations but limits that right, as far as natural and legal persons are concerned, to those who are parties to the action pending before the national court seeking a ruling from the Court of Justice.
[ Bailii ]
 
Hoppe and Another v Titman Gazette, 28 February 1996; Times, 21 February 1996
28 Feb 1996
CA

Litigation Practice
A claim based on admissions made in a defence in an earlier action may be admissible despite the settlement of the earlier action, if the settlement was not in appropriate terms.

 
Society of Lloyd's v Clementson (2) Times, 29 February 1996
29 Feb 1996
CA

Litigation Practice
Examines cases where expert witness may be excused attendance at court.

 
Pereira v Beanlands Times, 07 March 1996
7 Mar 1996
ChD

Litigation Practice
There is no general rule that failure of lawyer should always be left with the client.

 
Burdge v John Hodge and Co (A Firm) [1996] EWHC 386 (QB)
11 Mar 1996
QBD
Longmore J
Litigation Practice
Discovery application in an action for professional negligence brought against a firm of solicitors.
[ Bailii ]
 
Lewis v Harewood Times, 11 March 1996
11 Mar 1996
CA

Litigation Practice
Retrospective grant of extension of time to be granted only sparingly.

 
Cleveland County Council v L and Others Times, 08 April 1996
14 Mar 1996
CA
Lord Justice Russell, Lord Justice Hirst and Lord Justice Peter Gibson
Contempt of Court, Litigation Practice
There should be no imprisonment of a contemnor without a formal and proper penal notice having first been served.
Rules of the Supreme Court Order 45, rule 7

 
Ernst and Young (A Firm) v Butte Mining Plc Times, 22 March 1996
22 Mar 1996
ChD

Litigation Practice
Notice of discontinuance set aside; obtained by solicitor relying on mistake.


 
 Swinney and Another v Chief Constable of Northumbria; CA 22-Mar-1996 - Times, 28 March 1996; [1997] QBD 464; [1996] EWCA Civ 1322; [1997] QB 464; [1996] 3 WLR 968; [1996] 3 All ER 449; [1996] PNLR 473
 
Hall v Selvaco Ltd; Crompton v Sevalco Ltd Times, 27 March 1996
27 Mar 1996
CA

Litigation Practice
Interrogatories are to be used as necessary to reduce costs, not too early.

 
Attorney General v Limbrick and Others Times, 28 March 1996
28 Mar 1996
QBD

Litigation Practice
Particulars of a claim transferred to High from County Court do not become public.
Rules of the Supreme Court Order 63 4(1)

 
Regina v Secretary of State for the Home Department Ex Parte Gardian and Another Times, 01 April 1996
1 Apr 1996
CA

Litigation Practice
Discovery available in Court of Appeal cases only in exceptional circumstances.

 
Busby v Cooper; Busby v Abbey National plc; Busby v Lumby Times, 15 April 1996
2 Apr 1996
CA

Limitation, Litigation Practice
The claimant sought damages after having bought a house after receiving an allegedly negligent report on the concrete. She had asked to be allowed to add a third party (the local authority who had passed the building) as a defendant, but the request was outside the primary limitation period and was refused and again on appeal. She now sought to appeal. Held: Her appeal was allowed. It was within the court's jurisdiction to try issues relationg to the primary facts which would decide how the limitation rules would be applied. Section 14(10(b) operated to extend the time limit provided in 14(4)(a), and therefore it was not necessary to issue a new set of proceedings. The joining of a third party after the initial limitation period had expired, remained possible. The claim was justiciable.
Limitation Act 1980 14A(4)(a) 14A(4)(b)
1 Cites


 
Circuit Systems Ltd (In Liquidation) and Another v Zuken Redac (Uk) Ltd Gazette, 01 May 1996; Times, 05 April 1996
5 Apr 1996
CA
Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe
Litigation Practice, Legal Aid
The assignment of a debt by a company in liquidation to a significant shareholder, in order to allow him to make an application for legal aid, and to avoid having to give security for costs and to allow the action to proceed was not unlawful, but the Legal Aid Board should be careful in supporting such contrived litigation.
Law of Property Act 1925 136(1)
1 Cites

1 Citers


 
Forrester v British Railways Board Times, 08 April 1996
8 Apr 1996
CA
Lord Justice Rose, Lord Justice Aldous and Sir Iain Glidewell
Litigation Practice
Where a request for the discovery of documents was too wide, it should be refused by the court, but the court also had the discretion to order an alternative arrangement. In this case the discovery applied for was far too wide, and the court ordered an expert's report which could then be used to ensure appropriate discovery was provided.

 
Shtun v Zaljejska Times, 18 April 1996; [1996] 1 WLR 1270
18 Apr 1996
CA

Litigation Practice
Evidence of prejudice from inexcusable delay is to be examined carefully. It is not essential for a finding of prejudice in such a case that there should be evidence of the particular respects in which potential witnesses' recollections have been impaired or as to any particular part of the delay to which such impairment is attributable.
1 Citers


 
Anderson v Braer Corporation and Others Times, 18 April 1996
18 Apr 1996
OHCS

Litigation Practice
Braer claims were too diverse to require or allow four of them to be treated as lead claims in a representative action.

 
Gale v Superdrug Stores Plc Gazette, 22 May 1996; Times, 02 May 1996; [1996] EWCA Civ 1300; [1996] 1 WLR 1089; [1996] 3 All ER 46
25 Apr 1996
CA

Estoppel, Litigation Practice
The right to resile from an admission made in pleadings is lost only if there can be found proof of prejudice to the other party. It is a matter for the judge's discretion.
The court set out the principles on which it should act when it is asked to give leave to amend.
1 Citers

[ Bailii ]
 
Singh v Parksfield Group Plc Gazette, 01 May 1996
1 May 1996
CA

Litigation Practice
Calderbank offers not to be used instead of payments in in damages cases.
Rules of the Supreme Court Order 62 9(1)(d)

 
Regina v the Lord Chancellor, Ex Parte Stockler Times, 07 May 1996
7 May 1996
CA

Litigation Practice
A Judge may give judgment in a case finished he had only after reaching the maximum permitted retirement age.
Judicial Pensions and Retirement Act 1993
1 Cites

1 Citers



 
 National Westminster Bank Plc v Kitch; CA 14-May-1996 - Gazette, 15 May 1996; Times, 14 May 1996; [1996] 1 WLR 1316
 
Camdex International Ltd v Bank of Zambia and Another [1996] EWCA Civ 1357
22 May 1996
CA
Sir Thomas Bingham MR, Aldous, Phillips LJJ
Litigation Practice
Application by the defendant for leave to appeal and, should leave be granted, an appeal
1 Cites

1 Citers

[ Bailii ]

 
 Lewis v Henry St Hillaire and others; PC 22-May-1996 - [1996] UKPC 16
 
Practice Statement (Court of Appeal: Authorities) Times, 22 May 1996
22 May 1996
CA

Litigation Practice
Guidance on the acceptability of photocopies of unreported judgments in the CA.

 
Hadfield v Knowles and Another Times, 27 May 1996; Gazette, 24 July 1996
27 May 1996
CA

Litigation Practice
Sets procedure to be followed on a court's approval of structured settlements and consent orders where no appearance was intended.

 
Practice Statement (Alternative Dispute Resolution) Times, 11 June 1996
11 Jun 1996
QBD

Litigation Practice
Commercial list Judge's may suggest alternative dispute resolution on first hearing.

 
Chequepoint Sarl v McClelland and Another Times, 18 June 1996
18 Jun 1996
CA

Litigation Practice
It was no prejudice against a foreign company to require costs security on the same basis as a local company.
Companies Act 1985 726

 
Italia Testa C-101/96; [1996] EUECJ C-101/96
25 Jun 1996
ECJ
GC Rodriguez Iglesias, P
European, Litigation Practice
ECJ In order to reach an interpretation of Community law which will be of use to the national court, it is essential that the national court define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based.
In this respect, the information provided and the questions raised in orders for reference must not only be such as to enable the Court usefully to reply but also such as to give the governments of the Member States and other interested parties the opportunity to submit observations pursuant to Article 20 of the EC Statute of the Court.
It is the Court' s duty to ensure that the opportunity to do so is safeguarded, bearing in mind that, by virtue of the abovementioned provision, only the orders for reference are notified to the interested parties.
Consequently, a request from a national court is manifestly inadmissible inasmuch as it does not enable the Court to give a useful interpretation of Community law where the order for reference merely refers to criminal breaches of national copyright legislation committed by a person running a private radio station and to the question, raised in that context, as to whether the monopoly held by a company having the exclusive right to manage such copyright and authorized to require payment of fees with protection backed by criminal penalties is compatible with Community law, and where it fails to give sufficient details of the factual context of the dispute, the national legislative context or the precise reasons which prompted it to consider the interpretation of Community law and to deem it necessary to refer questions to the Court of Justice for a preliminary ruling.
[ Bailii ]

 
 Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly; HL 11-Jul-1996 - Times, 11 July 1996; Gazette, 12 September 1996; [1996] 1 WLR 1103
 
UCB Bank Plc v Halifax (SW) Ltd and Another Times, 15 July 1996
15 Jul 1996
QBD

Litigation Practice
Interrogatories may be delivered before the stage of discovery, if this will serve a proper purpose in the litigation.

 
Collet v Bromsgrove District Council Times, 15 July 1996
15 Jul 1996
QBD

Litigation Practice
No leave was required to withdraw an appeal by way of case stated to the divisional court.

 
Allied General Holdings Ltd v Sorsky and Others Times, 16 July 1996
16 Jul 1996
CA

Litigation Practice
Removal of security for costs if not justified by evidence or argument corrected.

 
Beachley Property Ltd v Edgar Times, 18 July 1996; [1997] PNLR 197
18 Jul 1996
CA
Lord Woolfe MR
Litigation Practice
Witness statements which had not been served in accordance with the rules were not be admitted. Courts are to adopt a far stricter approach to applications for adjournment based on lack of readiness for trial than hitherto: "I would like to make it absolutely clear that I do not accept that submission. The very reason why the order is drafted in the terms that it is, is to ensure that unless there are circumstances which justify the Court exercising discretion in favour of the party in default, that discretion will not be exercised and the party will be deprived of the evidence. It is no use the party coming forward and saying, "The evidence will help our case". If this is the position, the rule may as well not exist. You have to consider the position not only from the plaintiff's point of view, but also from the point of view of the defendant, and with a view to doing justice between other litigants as well. The history of this case illustrates the inconvenience and the disruption to the administration of justice generally that this approach to the rules creates."
County Court Rules 1981 Ord 20 R 12A
1 Citers


 
Hughes v Jones Times, 18 July 1996
18 Jul 1996
CA

Litigation Practice
Applications to disapply limitation proceedings are not interlocutory.
Rules of the Supreme Court 59 1A

 
Jal Mehta v Reed Fax Ltd and Another Jal Mehta v Royal Bank of Scotland [1996] EWCA Civ 529
23 Jul 1996
CA

Litigation Practice
Applications for leave to appeal.
1 Cites

1 Citers

[ Bailii ]
 
Attorney-General v Day Times, 23 July 1996
23 Jul 1996
QBD

Litigation Practice
The Court expressed its concern at the over-use and free issue of writs by litigants in person.


 
 Brennan v Brighton Borough Council; CA 24-Jul-1996 - Times, 24 July 1996
 
Blustarling Ltd v Westminster City Council Times, 24 July 1996
24 Jul 1996
QBD

Litigation Practice
It is for the court itself to declare when a decision is final as a matter of fact.

 
William George Dowse v Joseph Kappell [1996] EWCA Civ 537
25 Jul 1996
CA

Litigation Practice, Litigation Practice
Application for leave to appeal - automatic strike out - County Court Rules.
County Court Rules
1 Cites

1 Citers

[ Bailii ]
 
Wills v Hoover Ltd [1996] EWCA Civ 534
25 Jul 1996
CA

Contract, Litigation Practice

[ Bailii ]
 
William George Dowse v Joseph Kappell [1996] EWCA Civ 537
25 Jul 1996
CA

Litigation Practice, Litigation Practice
Application for leave to appeal - automatic strike out - County Court Rules.
County Court Rules
1 Cites

1 Citers

[ Bailii ]
 
Cashmore v Blue Circle Plumbing Fixtures Ltd Unreported, CAT 30th July 1996
30 Jul 1996
CA
Waller LJ
Litigation Practice, Personal Injury
Time did not run for the purposes of CCR Order 9 Rule 10 during a period when the action was stayed pursuant to an order for a stay made under CCR Order 6 Rule 1(6) pending the filing of a medical report in support of a claim for damages for personal injuries. Held: In an action where automatic directions have never been triggered at the time a stay is ordered, and where the lifting of the stay leads to the delivery of defences by all the defendants (or an order is made to the effect that invalid defences may stand as valid defences without redelivery), automatic directions will then run from the appropriate trigger date in the usual way.
County Court Rules 1981 6.1(6) 9.10
1 Citers


 
Roger George Miller; KC Independent Trustees Limited v John Thomas Stapleton and Pensions Ombudsman [1996] EWCA Civ 557; [1996] 2 All ER 449
30 Jul 1996
CA

Litigation Practice, Financial Services

1 Citers

[ Bailii ]
 
Teresa Joy Watkins v Julie Toms [1996] EWCA Civ 565
31 Jul 1996
CA

Litigation Practice, Personal Injury

[ Bailii ]
 
Airbus Industrie Gie v Patel and Others Times, 12 August 1996; Gazette, 02 October 1996
12 Aug 1996
CA

Litigation Practice, International
The policy allowing restraint of foreign proceedings was not limited to protecting proceedings here. An injunction to restrain proceedings given here after a dismissal of a similar case in the US was proper.
1 Cites

1 Citers


 
Murray v Hibernian Dance Club Times, 12 August 1996
12 Aug 1996
CA

Litigation Practice
Wrong naming of defendant as member's club can be cured by allowing substitution of names in title to proceedings.

 
Berkeley Administration Inc v Mcclelland and Others Times, 13 August 1996
13 Aug 1996
CA

Litigation Practice
Third Party who had been joined in after an injunction was discharged takes no benefit of cross undertaking.
1 Cites


 
Barings Plc and Another v Coopers and Lybrand (A Firm) and Others Times, 13 August 1996; Gazette, 23 October 1996; [1996] EWCA Civ 1025
13 Aug 1996
ChD

Company, Litigation Practice
The need to reach one conclusion justified service of proceedings overseas on a firm's partners, where there was a genuine issue to be decided
1 Citers

[ Bailii ]
 
Phillips v Taunton and Somerset National Health Service Trust and Another Times, 15 August 1996
15 Aug 1996
CA

Litigation Practice
A court may not ex parte extend time limit for service of particulars without evidence.

 
Jones v Vans Colina Gazette, 09 October 1996; Times, 15 August 1996; [1996] 1 WLR 580
15 Aug 1996
CA

Litigation Practice
An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled to be made one. Nourse LJ said: "The power expressed in Ord 32, r 6 can only apply to an order made in proceedings in which the person seeking to have it set aside is either a party or entitled to be made one. The court could not accede to an application made by a person who had no locus standi to make it."
Supreme Courts Act 1981 42 - Rules of the Supreme Court O32 r6
1 Citers


 
Inserco Ltd v Honeywell Controls Systems Ltd [1996] EWCA Civ 588
22 Aug 1996
CA

Litigation Practice
Stay of execution pending appeal.
1 Citers

[ Bailii ]
 
Symons v Cramb [1996] EWCA Civ 590
27 Aug 1996
CA
Lord Justice Simon Morritt, Lord Justice Phillips
Litigation Practice
The applicant sought leave to appeal against an order striking out her action as a frivolous and vexatious attempt to relitigate matters already decided against her. The application was to be adjourned to allow her to amend the application to appeal against the correct order, to allow her to take advice on the form of proceedings, and to proceed inter partes.

 
Haji v Mohammed Walji Haji [1996] EWCA Civ 592
27 Aug 1996
CA

Litigation Practice

[ Bailii ]

 
 Ezekiel v Orakpo; CA 16-Sep-1996 - Times, 16 September 1996; [1997] 1 WLR 340
 
Miailhe v France (No 2) [1996] ECHR 42; 18978/91; (1996) 23 EHRR 491; [1996] ECHR 42
26 Sep 1996
ECHR

Human Rights, Litigation Practice
Hudoc Preliminary objection joined to merits (victim); Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (ratione materiae); No violation of Art. 6-1.
Questions as to the admissibility of evidence are for the national court.
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]

 
 McTear v Imperial Tobacco Ltd; IHCS 30-Sep-1996 - Times, 30 September 1996
 
Soinco S A C I Eural Kft v Novokuznetsk Aluminium Plant Base Metal Trading Ltd Base Metal Trading 9Uk0 Ltd Ross Metal UK Ltd Base Metal Trading Ltd (a Guernsey Registered Company) [1996] EWCA Civ 620
30 Sep 1996
CA

Litigation Practice
Appeal against garnishee order nisi.
Rules of the Supreme Court 1965 49(1)
[ Bailii ]
 
Wilson v Housing Corporation [1996] EWCA Civ 626
2 Oct 1996
CA

Litigation Practice
Defendant's renewed application for leave to appeal
[ Bailii ]
 
American Express (Europe) Limited v Harry Wilson [1996] EWCA Civ 622
2 Oct 1996
CA

Litigation Practice
The appellant sought an adjournment because he was too ill to attend. His application was unsupported by any evidence, and the application was refused. His application for leave to appeal was refused.
[ Bailii ]

 
 Britannia Building Society v Green; CA 3-Oct-1996 - [1996] EWCA Civ 639
 
Ablitt v Norwich Union Fire Insurance Society Limited [1996] EWCA Civ 636
3 Oct 1996
CA
Beldam, Ward LLJ
Litigation Practice

[ Bailii ]
 
Regina v O'Kane and Another, Ex Parte Northern Bank Ltd Times, 03 October 1996
3 Oct 1996
QBD

Litigation Practice, Taxes Management
The Inland Revenue Commissioners are not able to command the production of documents which it only conjectured to exist.
Taxes Management Act 1970 20(3)

 
Timothy Mowatt v Joanne Ayton and Derek Arthur Farley [1996] EWCA Civ 664
4 Oct 1996
CA

Litigation Practice
Renewed application for leave to appeal.
[ Bailii ]
 
Mary Byrne v Secretary of State for Environment, Arun District Council [1996] EWHC Admin 85
7 Oct 1996
Admn

Litigation Practice
Application for leave granted (note only)
[ Bailii ]
 
Ward v Aitken and Others; In re Oasis Merchandising Services Ltd Times, 14 October 1996; [1996] EWCA Civ 689
9 Oct 1996
CA

Litigation Practice
A liquidator's agreement with a third party to share damages in return for supporting an action against a company's directors was champertous.
1 Cites

1 Citers

[ Bailii ]
 
Michelle Louise De Bretton v Hampshire County Council [1996] EWCA Civ 688
9 Oct 1996
CA

Torts - Other, Road Traffic, Litigation Practice
The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of the claimant driving too quickly. An employee of the respondent had spread the sand, but also had materials for the clearing up of oil which he had not used. This came up only after he had completed his evidence. The respondent objected to thie admission of this evidence, and then asked the judge to recuse herself. She had ordered a retrial. Held: there had been no impropriety. The case was remitted to the same judge for the hearing to be completed.
Highways Act 1980
[ Bailii ]
 
Data Delecta Aktiebolag and Another v Msl Dynamics Ltd Times, 10 October 1996; C-43/95; [1996] EUECJ C-43/95
10 Oct 1996
ECJ

Litigation Practice, European
A request for security for costs from a foreign EC company is discriminatory and against the Treaty.
ECTreaty Art 177
[ Bailii ]
 
Beecham Group Plc and Another v Norton Healthcare Ltd and Others Times, 11 October 1996; Gazette, 06 November 1996
11 Oct 1996
ChD

Intellectual Property, Litigation Practice
A patent claim could be amended to add a claim for an action for breach of confidence by the defendant. The claim was rightly amended after service abroad to add more heads; UK was the forum conveniens in this action.
1 Cites

1 Citers


 
Companhia Europeia De Transportes Aeros Sa; Antonio Anibal Andrade Baptists Lopes, ex parte v British Aerospace Plc and CIBC Finance Plc [1996] EWCA Civ 697
11 Oct 1996
CA

Litigation Practice, Costs

[ Bailii ]
 
Regina v Staffordshire County Council Education Appeals Committee ex parte Martyn Ashworth (By His Mother and Next Friend Carol Ashworth) Times, 18 October 1996; [1996] EWHC Admin 105
11 Oct 1996
Admn

Litigation Practice
The Court should be ready to refuse any application made on a ground previously rejected.
[ Bailii ]

 
 Cobra Golf Inc and Another v Rata and Others; ChD 11-Oct-1996 - Times, 11 October 1996; [1998] Ch 109; [1996] FSR 819
 
Thomas Watts and Co (Suing As a Firm) v Smith [1996] EWCA Civ 720
14 Oct 1996
CA
Nourse LJ, Auld LJ, Russell LJ
Litigation Practice
Adjourned application for leave to appeal against order for security for costs of appeal.
1 Citers

[ Bailii ]
 
Regina v Wrexham Maelor Justices ex parte Smith [1996] EWHC Admin 116
15 Oct 1996
Admn

Litigation Practice

[ Bailii ]
 
Bank of Baroda v Syed Talha Hamad Rafique Syeda Akthar Rafique [1996] EWCA Civ 722
15 Oct 1996
CA

Undue Influence, Litigation Practice
The defendant sought as an alternative to an order for possession, an order for the sale of the property pending resolution of the issue of her claim of undue influence. Held: The case was remitted to the county court to reconsider an order for sale, and with a request that the balance of isues be determined quickly.
[ Bailii ]
 
Burgess v Stratton Times, 15 October 1996
15 Oct 1996
CA

Litigation Practice
Blanket extensions of county court time limits are inappropriate.

 
Diane Patricia Haslam v Dr Lancashire and Bolton Health Authority [1996] EWCA Civ 724
15 Oct 1996
CA

Litigation Practice

[ Bailii ]
 
Practice Direction (Judge In Chambers: Amended Procedure) Times, 16 October 1996
16 Oct 1996
QBD

Litigation Practice
New practice for inter partes judge in chambers applications for QBD.

 
McDonald's Corporation and Another v Helen Marie Steel David Morris Times, 22 November 1996; [1996] EWCA Civ 755
17 Oct 1996
CA

Litigation Practice, Defamation
A trial judge's decisions should not normally be set aside unless they constituted a denial of justice to one or other of the parties.
1 Cites

1 Citers



 
 Yukong Lines v Rendsburg Investment Corporation; CA 17-Oct-1996 - Times, 22 October 1996; [1996] EWCA Civ 759; [1998] 1 WLR 294
 
ex parte London Borough of Hackney v Maureen Mullen [1996] EWCA Civ 767
18 Oct 1996
CA

Housing, Litigation Practice
The authority appealed a fine of £5,000 for a breach of an undertaking to carry out repairs to their tenant's property. They complained that there had been no evidence of previous breaches, and that the judge had been wrong to take account of other breaches. Held: The authority might have applied for an adjournment, anticipating the order to be made. It had not. The judge was exercising a proper discretion, was entitled to take account of other breaches, and also to use his own special knowledge of the respondent's behaviour in other cases. An affidavit from the authority that it had only broken one such order in the previous twelve months was not to the point.
[ Bailii ]
 
Regina v Derby and South Derbyshire Magistrates ex parte Brazier [1996] EWHC Admin 127
18 Oct 1996
Admn

Litigation Practice
Action Dismissed.
[ Bailii ]
 
Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another [1996] EWCA Civ 782; [1998] 1 BCLC 208
22 Oct 1996
CA
Simon Brown, Waite, Morritt LJ
Litigation Practice, Company, Insolvency
The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State became aware that the company had in fact already been dissolved, the normal course would be to transfer the proceedings from the County Court to the High Court and to substitute the Secretary of State as applicant in the place of the official receiver.
The court gave guidance on the application of section 42(1)(b) of the 1984 Act, saying: "provided proceedings are started within the time permitted by the statute of limitations, are not frivolous, vexatious or an abuse of the process of the court and disclose a cause of action, they will not as a rule be struck out because of some mistake in procedure on the part of the plaintiff or his advisers . . No injustice is involved to the defendant in transferring an action which has been started in the wrong court to the correct court."
County Courts Act 1984 40 42(1)(b) - Company Directors Disqualification Act 1986 6 - Insolvency Act 1986 205(2)
1 Cites

1 Citers

[ Bailii ]
 
Melvyn Edward Royston Wynn v Ian Groves Gardner; Tom Norman Grieve and Andrew Lambert Dee [1996] EWCA Civ 788
23 Oct 1996
CA

Litigation Practice
Plaintiff wrongly identified, substitution of correct plaintiff outside limitation period.
[ Bailii ]
 
Tate and Lyle Industries Ltd v Cia Usina Brothers and Cargill Inc Times, 25 October 1996
25 Oct 1996
CA

Litigation Practice
There was no power to grant an injunction against a foreign non-party to arbitration proceeding.

 
Attorney-General v Menzies [1996] EWHC Admin 157
28 Oct 1996
Admn

Litigation Practice
Reasons for Civil proceedings order.
Supreme Court Act 1981 42
[ Bailii ]
 
Re-Al Engineering Limited v AGFf Insurance Limited [1996] EWCA Civ 822
29 Oct 1996
CA

Insurance, Litigation Practice
Application for Leave to Appeal.
[ Bailii ]
 
Hartley v Magill [1996] EWHC Admin 166
29 Oct 1996
Admn
Forbes J
Litigation Practice

1 Cites

1 Citers

[ Bailii ]
 
Biogen Plc v Medeva Plc Times, 01 November 1996; [1997] RPC 1; [1996] UKHL 18; (1997) 38 BMLR 149
31 Oct 1996
HL
Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn of Hadley, Lord Hoffmann
Intellectual Property, Litigation Practice
A recombinant method of making the antigens of a hepatitis virus was patented with a priority date of 22 December 1978 but was conceded to have been obvious by 21 December 1979. Held: The claim for a DNA patent was too broad; no new principle was shown, and other means were available of achieving the technical effect claimed. The question of whether an invention was obvious should be treated with appropriate respect by an appellate court, and specific findings of fact, even by the most meticulous judge, are inherently an incomplete statement of the impression which was made upon him by the primary evidence. Where the application of a legal standard such as negligence or obviousness involves no question of principle but is simply a matter of degree, an appellate court should be very cautious in differing from the judge's evaluation. Disclosure must enable the invention to be performed to the full extent of the monopoly claimed.
Lord Hoffmann discussed a court of appeal reversing a decision of the first court: "The need for appellate caution in reversing the trial judge’s evaluation of the facts is based upon much more solid grounds than professional courtesy. It is because specific findings of fact, even by the most meticulous judge, are inherently an incomplete statement of the impression which was made upon him by the primary evidence. His express findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualifications and nuance (as Renan said, la vérité est dans une nuance), of which time and language do not permit exact expression, but which may play an important part in the judge’s overall evaluation." and "Where the application of a legal standard such as negligence or obviousness involves no question of principle but is simply a matter of degree, an appellate court should be very cautious in differing from the judge's evaluation."
Patents Act 1977 1(1) 72(1)
1 Cites

1 Citers

[ Bailii ]
 
Practice Direction (Ex Parte Mareva Injunctions and Anton Piller Orders) Times, 31 October 1996
31 Oct 1996
QBD

Litigation Practice
Amendments were made to the forms for applying for ex parte injunctions taking place with immediate effect.
1 Cites


 
Practice Direction (Interlocutory Orders for Injunctions) Times, 31 October 1996
31 Oct 1996
QBD

Litigation Practice
New standard forms of interlocutory injunction orders etc; to provide on disk.

 
Dixon v O'Hara (the Trustee of the Estate of Dixon a Bankrupt); Dixon and Dixon [1996] EWCA Civ 861
31 Oct 1996
CA

Insolvency, Litigation Practice

Insolvency Act 1986 375(1)
[ Bailii ]
 
Robertson v Banham and Co (a Firm) Gazette, 05 February 1997; Gazette, 29 January 1997; Gazette, 22 January 1997; Times, 26 November 1996; [1996] EWCA Civ 860
31 Oct 1996
CA

Litigation Practice, Company
The service of a writ on a professional person at his last known business address was proper.
Rules of the Supreme Court 10 1(2)(b) 83(3) - County Court Rules 1981 3(1)(a)
[ Bailii ]

 
 British Diabetic Association v Diabetic Society; Bennett and Atkin; CA 31-Oct-1996 - [1996] EWCA Civ 839
 
Glyn Wood v Suzanne Mary Gahlings Times, 29 November 1996; [1996] EWCA Civ 872
4 Nov 1996
CA
Lord Woolf MR, Aldous LJ, Brooke LJ
Litigation Practice
A judgment obtained through a clear fraud can be set aside, but an order allowing a new action would be usual.
1 Citers

[ Bailii ]
 
Cheltenham and Gloucester Building Society v Voller and Another [1996] EWCA Civ 880
5 Nov 1996
CA

Litigation Practice

[ Bailii ]

 
 Frederic J Whyte and Partners (a Firm) v IAF Properties Limited; CA 5-Nov-1996 - [1996] EWCA Civ 881
 
Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd [1997] FSR 178
6 Nov 1996
ChD
Neuberger J
Litigation Practice
The claimants brought a claim in passing-off first obtaining an interim injunction but then failing at trial. The defendants then claimed under the undertaking in damages given. The claimants now sought to say that the injunction could have been justified on the separate ground that the defendants were in breach of copyright. The defendants said, relying on Henderson v Henderson, that it was too late for the claimant to take the point. The claimants said they had raised the claim in negotiations but had refrained from taking proceedings in relation to the claim because the defendants in those negotiations had asked them to hold fire with respect to that claim. The defendant replied that those negotiations were without prejudice and could not be referred to. Held: A without prejudice argument could not be used for the purpose of "unambiguous impropriety". In those circumstances reliance on the privilege would be "plainly unconscionable". No allegation of "impropriety" or "unconsconability" was made and, to that extent Hodgkinson was distinguished.
Neuberger J referred to Tomlin's case which decided that without prejudice correspondence could be looked at to determine whether a settlement had been reached and added: "Although, of course, contract and estoppel are quite separate concepts, it appears to me logical and consistent that if "without prejudice" correspondence can be looked at to see if it gives rise to a contract, then such correspondence can also be looked at to see if it gives rise to an estoppel. However, I do not suggest that there is an absolute rule to that effect."
1 Cites

1 Citers


 
Woodfield v Secretary of State for Environment v Warwickshire Borough Council [1996] EWHC Admin 211
7 Nov 1996
Admn

Litigation Practice
Brief formal order.
[ Bailii ]
 
Hartley v Secretary of State for Environment v Knowsley Borough Council [1996] EWHC Admin 204
7 Nov 1996
Admn

Litigation Practice
(very short formal judgment)
[ Bailii ]
 
Roach v British Broadcasting Corporation; Roach v Oxfordshire Health Authority; Roach v MacDonald Stacey (a Firm) [1996] EWCA Civ 900
7 Nov 1996
CA

Litigation Practice

[ Bailii ]
 
Letpak Limited; Saleem Haboubi; Hashim Haboubi; Mumtaz Tokatyl and Zuhair Tokatyl v Gabriel Harris [1996] EWCA Civ 916
8 Nov 1996
CA

Litigation Practice
Application for leave to appeal - failure to serve witness and expert reports - trial due.
[ Bailii ]
 
Ocular Sciences Ltd v Aspect Vision Care Ltd [1997] RPC 289; (1997) 20(3) IPD 20022; [1996] EWHC Patents 1
11 Nov 1996
ChD
Laddie J
Intellectual Property, Litigation Practice
The freedom for a claimant in registered design right to frame his claim, as to whether he asserts an infringement of the entire design, or limits it to the section infringed, is important.
Laddie J said: "This means that the proprietor can trim his design right claim to most closely match what he believes the defendant to have taken. The defendant will not know in what the alleged monopoly resides until the letter before action, or, more usually, the service of the statement of claim. This means that a plaintiff's pleading has particular importance. It not only puts forward the claim but is likely to be the only statement of what is asserted to be the design right."
and: "unless the confidential information is properly identified, an injunction in such terms is of uncertain scope and may be difficult to enforce . . Secondly, the defendant must know what he has to meet. He may wish to show that the items of information relied on by the plaintiff are matters of public knowledge. His ability to defend himself will be compromised if the plaintiff can rely on matters of which no proper warning was given. It is for all these reasons that failure to give proper particulars may be a particularly damaging abuse of process".
Copyright Designs and Patents Act 1988 213(6)
1 Citers

[ Bailii ]
 
Chesterton v Chantry [1996] EWCA Civ 944
13 Nov 1996
CA

Litigation Practice
The question on this appeal is whether the period for service of a county court summons in a road accident case ought to have been extended.
[ Bailii ]
 
Cheltenham and Gloucester Plc (Formerly Cheltenham and Gloucester Building Society) v Robert Charles Booker and Susan Jane Booker [1996] EWCA Civ 957
14 Nov 1996
CA

Land, Litigation Practice
The case asked whether the court has jurisdiction, and if so in what circumstances should it exercise such jurisdiction, to give conduct of a sale to a mortgagee while at the same time postponing the execution of a warrant for possession until completion of the sale.
[ Bailii ]
 
Broxton v McClelland [1996] EWCA Civ 955
14 Nov 1996
CA

Defamation, Litigation Practice
The plaintiff appealed a finding against her on her case for defamation, seeking to add further and new evidence. Held: The summing up up was defective in failing properly to deal with points properly raised, and was set aside.
1 Cites

[ Bailii ]
 
Sergio Mongiardi v IBC Vehicles Limited [1996] EWCA Civ 976
15 Nov 1996
CA

Litigation Practice
Appeal - premature commencement of proceedings.
[ Bailii ]
 
Kent County Council v Secretary of State for Environment, Marchant and Sons [1996] EWCA Civ 972
15 Nov 1996
CA

Litigation Practice

1 Cites

[ Bailii ]
 
Gerard Patrick Potter v Marjorie Ann Youngson [1996] EWCA Civ 971
15 Nov 1996
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Barkell Limited v David Bell Leonard George Johnson Avril Welsh (Administratrix of the Estate of William Welsh Deceased) Air Handling Systems Limited [1996] EWCA Civ 980
18 Nov 1996
CA

Litigation Practice
Application for leave to appeal against strike out of claim for want of prosecution.
[ Bailii ]
 
O'Grady v Motor Cycle Service Centre [1996] EWCA Civ 985
18 Nov 1996
CA

Litigation Practice

[ Bailii ]
 
Trustee of Property of Alan Andrews v Brock Buildings (Kessingland) Limited Gazette, 05 February 1997; Times, 09 December 1996; [1996] EWCA Civ 1023; [1997] QB 674
21 Nov 1996
CA
Master of the Rolls, Aldous and Brooke LJJ
Arbitration, Litigation Practice
An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action.
Arbitration Act 1950 4
1 Cites

1 Citers

[ Bailii ]
 
Perry v Kang Ho Wong etc Gazette, 13 December 1996; Times, 09 December 1996; [1996] EWCA Civ 1031
25 Nov 1996
CA

Litigation Practice
A request for a trial after the six month limit, but within the fifteen month limit, was valid without a prior application for extension of time, despite the automatic directions provisions.
County Court Rules 1981 O 17 r 11(3)(d)
[ Bailii ]
 
The Mortgage Corporation Ltd v Sandoes and Others Times, 27 December 1996; Gazette, 22 January 1997; [1996] EWCA Civ 1039
26 Nov 1996
CA

Litigation Practice
Where the Parties had fallen behind a court timetable, they should agree a new one which would not delay the trial.
1 Citers

[ Bailii ]
 
Stavros Constantinou v Aegon Insurance Company (Uk) Limited; Colin R Stevenson and Stevenson Price Insurance Brokers Limited [1996] EWCA Civ 1062
28 Nov 1996
CA

Insurance, Litigation Practice

[ Bailii ]

 
 Lloyds Bank Plc v Croad; Crutcher; Miller; Miller and Ramstate Limited; CA 28-Nov-1996 - [1996] EWCA Civ 1056
 
Costa v Gentra Limited [1996] EWCA Civ 1051
28 Nov 1996
CA

Litigation Practice

[ Bailii ]
 
Herman Bruce v Caroline Susan Chakravarti Deviorisad Chakravarti [1996] EWCA Civ 1068
29 Nov 1996
CA

Litigation Practice
Application to adjourn trial on change of solicitors declined.
[ Bailii ]
 
Admiral Leasing Ltd v Patricia Elizabeth Allen and Laurie Maguire [1996] EWCA Civ 1064
29 Nov 1996
CA

Litigation Practice
Leave to appeal out of time was refused after a very long delay - occasioned by the law firms acting for appellant.
[ Bailii ]
 
Regina v Croydon Justices Ex Parte Morgan Times, 02 December 1996
2 Dec 1996
QBD

Litigation Practice
Justices validly required security for costs from legally aided applicant to state case.
Magistrates Courts Act 1980 114


 
 Hytec Information Systems Limited v Council of City of Coventry; CA 4-Dec-1996 - Times, 31 December 1996; [1996] EWCA Civ 1099; [1997] 1 WLR 1666
 
Otto v Keys and RMC Group Limited [1996] EWCA Civ 1139
6 Dec 1996
CA

Litigation Practice
Appeal - effect of delay in compliance with court procedural time limits.


 
 Nelson v Nelson; CA 6-Dec-1996 - Gazette, 15 January 1997; Times, 08 January 1997; [1996] EWCA Civ 1140; [1997] 1 WLR 233; [1997] 1 All ER 979
 
Letpak and Others v Harris Times, 06 December 1996
6 Dec 1996
CA

Litigation Practice
Striking out may sometimes be too severe a punishment for failure to meet time limits, but it was a close thing.

 
Kevin Gregory v Philip Wedgewood Wallace and Paul Francis Jeffrey [1996] EWCA Civ 1150
9 Dec 1996
CA

Litigation Practice

[ Bailii ]
 
Robert Hitchins Limited v International Computers Limited [1996] EWCA Civ 1163
10 Dec 1996
CA

Litigation Practice

[ Bailii ]
 
Thompson v Australian Capital Television Pty Ltd (1996) 141 ALR 1; (1996) 186 CLR 574; (1996) 71 ALJR 131; [1997] Aust Torts Reports 81-412; (1996) 20 Leg Rep 24
10 Dec 1996

Dawson, Toohey, Gaudron, Gummow JJ
Commonwealth, Litigation Practice
High Court of Australia - Torts - Joint tortfeasors - Release - Effect of release of one joint tortfeasor on other joint tortfeasors - Effect on common law of s 11 of the Law Reform (Miscellaneous Provisions) Act 1955 (ACT) - Whether cause of action against joint tortfeasors one and indivisible.
Defamation - Defences - Innocent dissemination - Whether available to television station which retransmits unchanged to different area a program produced by another - Whether television station a subordinate publisher.
[ Austlii ]
 
Carew-Robinson v Keeping (T/a Keeping Motors) Steven Tranah Martins of Basingstoke Limited Robin Sharp (Agricultural Engineers) Limited [1996] EWCA Civ 1170
11 Dec 1996
CA

Litigation Practice
Leave to appeal given out of time.
[ Bailii ]
 
Thomas v Commissioner of Metropolitan Police Times, 12 December 1996
12 Dec 1996
CA

Litigation Practice
Spent convictions could admitted in a civil trial at a Judge's discretion if they needed for an issue of credit.
Rehabilitation of Offenders Act 1974 7(3)

 
William George Dowse v Joseph Kappell [1996] EWCA Civ 1201
12 Dec 1996
CA

Litigation Practice
The plaintiff had had his claim re-instated after being struck out. The defendant appealed. Held: There was material on which the learned Circuit Judge was entitled to reach the conclusion which she did. Although this was a borderline case, it was a proper case to hold that the two threshold tests had been satisfied.
County Court Rules l981 Order 17 rule 11
1 Cites

1 Citers

[ Bailii ]

 
 Burnhill Equipment Finance Limited v Martinique Limited; Kingsley Holloway and Dwarika; CA 12-Dec-1996 - [1996] EWCA Civ 1187
 
Kawarindrasingh v White Times, 19 December 1996; Gazette, 13 December 1996
13 Dec 1996
CA

Costs, Litigation Practice
A judge who was reviewing the taxation of a litigant in person's bill of costs, has the powers of taxing officer. He was not limited to changing the taxing officer's decision if it was Wednesbury unreasonable. He had his own discretion.

 
Yui Tong Man v Mohy Mahmood and Another [1996] EWCA Civ 1219
13 Dec 1996
CA
Lord Justice Leggatt Lord Justice Waite Lord Justice Schiemann
Litigation Practice
The parties were involved in litigation regarding the boundary between the properties let to them. An appeal was proposed, but it was unclear whether leave was required. As a boundary dispute, leave would be required, but as a request for injunctive relief alone leave would not be necessary. Held: Whether leave was required should not be determined by which of the two parties had succeeded relative to that party's claims. Leave was required (Schiemann LJ dissenting).
RSC Ord 59 r 1B(1)(i)
[ Bailii ]
 
Zincroft Civil Engineering Ltd v Sphere Drake Insurance Times, 13 December 1996; [1996] EWCA Civ 1044
13 Dec 1996
CA

Litigation Practice
Evidence of fraud which had been obtained after summary judgment can support setting it aside.
[ Bailii ]
 
Samuels v John Laing Construction Limited [1996] EWCA Civ 1223
16 Dec 1996
CA

Litigation Practice
Appeal against automatic strike out.
1 Cites

[ Bailii ]
 
Church of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc [1996] EWCA Civ 1227
17 Dec 1996
CA

Litigation Practice
The court made orders for the orderly hearing of the cases which raised interdependent issues.
1 Cites

1 Citers

[ Bailii ]
 
Jean Marley Smith v Steven Martin [1996] EWCA Civ 1248
18 Dec 1996
CA

Litigation Practice
Application for leave to appeal - adjourned for evidence as to provenance of statement.
Application for leave to appeal. Held: The appeal was hopeless. In effect it would be an appeal on the facts.
[ Bailii ]
 
Mother Bertha Music Ltd and Mother Bertha Music Inc (Body Corporate) v Bourne Music Limited [1996] EWCA Civ 1252
18 Dec 1996
CA
Nourse, Saville, Brooke LJJ
Intellectual Property, Litigation Practice
Appeal against refusal to allow amendment to pleadings
[ Bailii ]
 
In the Matter of an Application By Dr Pelling S v D [1996] EWCA Civ 1247; [1996] EWCA Civ 1246
18 Dec 1996
CA

Litigation Practice

[ Bailii ] - [ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Oakley [1996] EWHC Admin 389
19 Dec 1996
Admn

Litigation Practice

[ Bailii ]
 
Vernon v Bosley (3) Times, 19 December 1996; Gazette, 29 January 1997; [1996] EWCA Civ 1217
19 Dec 1996
CA
Stuart-Smith LJ, Thorpe LJ, Evans LJ dissenting
Personal Injury, Litigation Practice
The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court awarding the damages. This had been on counsel's advice. Held: The judge must be told of a change in the Plaintiff's prognosis which had occurred after the medical evidence had been given. The court had a remaining discretion to admit such evidence. Counsel had a professional duty to make further disclosure where there was a risk that the court might be misled.
"where the case has been conducted on the basis of certain material facts which are an essential part of the party's case, in this case the plaintiff's condition at trial and the prognosis, which were discovered before judgment to be significantly different, the court is not being misled by the failure of the defendant to put before it material of which she could or should have been aware, but by the failure of the plaintiff and his advisers to correct an incorrect appreciation which the court will otherwise have as a result of their conduct of this case hitherto." and "Where there is a danger that the court will be misled, it is the duty of counsel to advise his client that disclosure should be made. There is no reason to suppose that if Mr Vernon had been so advised in this case, he would not have accepted that advice. If the client refuses to accept the advice, then it is not as a rule for counsel to make the disclosure himself; but he can no longer continue to act."
1 Cites

[ Bailii ]
 
National and Provincial Building Society v Boothe-Chambers ex parte [1996] EWCA Civ 1268
19 Dec 1996
CA

Litigation Practice
(adjournment only)
[ Bailii ]
 
Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher [1997] Eu LR 610
20 Dec 1996
ComC
Tuckey J
European, Litigation Practice
ComC Summary judgment under RSC Order 14 - claim for royalties - previous decision of the European Commission - claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal Authority's claim for royalties alleging breaches of article 4 was struck out because the matters complained of had been the subject of a previous decision by the Commission - the question as to whether articles 4(b) & (c) were of direct effect so as to permit Banks to litigate them in this court would have had to be referred to the European Court if it had been necessary to decide this point – Banks' claim for damages against Secretary of State was not sustainable in any event.
1 Cites

1 Citers


 
Leonard Scruton v Robin Davison [1996] EWCA Civ 1276
20 Dec 1996
CA

Contract, Litigation Practice
Application for extension of time and leave to appeal out of time against strike out orer.
[ Bailii ]
 
E E Thomas v Chataway and others [1996] EWCA Civ 1273
20 Dec 1996
CA

Litigation Practice

[ Bailii ]
 
Novelli Spa v Watkins Times, 24 December 1996
24 Dec 1996
CA

Litigation Practice
A delay causing insurers to set aside money for a claim is no prejudice to them.


 
 The Scotch Whisky Association v Kella Distillers Ltd; ChD 27-Dec-1996 - Times, 27 December 1996
 
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