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		Litigation Practice - From: 1997 To: 1997 This page lists 292 cases, and was prepared on 02 April 2018. Â Kwik Save Stores Ltd v Swain [1997] ICR 49 1997 EAT Mummery J Employment, Litigation Practice An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors. When considering barring a party for late filing of a document, the absence of a good reason for a response not being entered in time is not, itself, determinative, but that other matters require to be considered by a Tribunal in the exercise of its discretion, including the merits of the defence set against the prejudice to the Claimant, the length of any delay, and the extent of any prejudice to the parties. Mummery J said that if the delay: "is the result of a genuine misunderstanding or an accidental or understandable oversight, the Tribunal may be much more willing to allow the late lodging of a response." The employer appealed against the refusal to extend time for a response under Rule 3. The employer lodged affidavits and exhibits sworn after the Industrial Tribunal Decision, in the EAT. Mummery P said: "We have read some of the correspondence exhibited to the affidavits, but have paid little attention to the contents of the affidavits themselves. As an appeal to this tribunal is only on a question of law, we find difficulty in understanding the basis on which the employers could properly file affidavit evidence on matters which could, and should, have been put before the industrial tribunal chairman on the applications for extensions of time. Reference was made to the decision of this appeal tribunal in Charlton v Charlton Thermosystems (Romsey) Ltd [1995] ICR 56 which sets out a procedure for affidavit evidence by an appellant who has never entered a notice of appearance and is seeking to appeal against a substantive decision on the merits reached adversely to him. In those cases the appeal tribunal laid down a procedure, at p. 60E-H, so that the tribunal could be satisfied that the appellant against the substantive decision had a reasonably arguable defence on the merits, as well as a satisfactory explanation for his failure to enter a notice of appearance or to apply for an extension of time for entering a notice of appearance. If the tribunal were not satisfied on those matters, then the appeal would be dismissed at a preliminary hearing. These cases are not, however, appeals against a substantive decision on the merits. They are appeals against the interlocutory refusal of the chairman to grant an extension of time for serving a notice of appearance before the full hearing on the merits has taken place. In such cases it is incumbent upon the applicant for an extension of time to place all relevant documentary and other factual material before the industrial tribunal in order to explain (a) non-compliance with the Rules and (b) the basis on which it is sought to defend the case on the merits. Depending on the nature and circumstances of the case, that may be done by letter to the tribunal, or by affidavit verifying the factual position or at an oral hearing. The admission of fresh evidence on the hearing of an appeal against the refusal of an extension of time by the industrial tribunal is rarely necessary and is unjustifiable unless the strict requirements of Ladd v Marshall [1954] 1 WLR 1489 are satisfied: see Wileman v Manilec Engineering Ltd [1988] ICR 318." Industrial Tribunal Rules 1993 3 1 Cites 1 Citers Â Oak Tree Leisure Ltd v R A Fisk and Associates and Another Times, 01 January 1997 1997 CA Litigation Practice Court to assess value of claim after acceptance of payment in from one of two Defendants. Â Wallace Smith Trust v Deloitte Haskins and Sells [1997] 1 WLR 257 1997 CA Simon Brown LJ Litigation Practice If the party seeking discovery showed that the documents might be necessary for a fair disposal of the action, an order should normally only be refused after the court had examined the documents and considered them in the light of the material already in the applicant's possession. Simon Brown LJ said: "Disclosure will be necessary if: (a) it will give "litigious advantage" to the party seeking inspection . . and (b) the information sought is not otherwise available to that party by, for example, admissions or some other form of proceeding (e.g. interrogatories) or from some other source . . and (c) such order for disclosure would not be oppressive." 1 Citers Â Devon County Council v B Times, 01 January 1997 1997 CA Litigation Practice County court has no power to grant an interim care injunction. It has the statutory powers given to it only. Â D v S (Rights of Audience); In re and Application by Dr Pelling Times, 01 January 1997; [1997] 1 FLR 724; [1996] EWCA Civ 1341; [1997] Fam Law 403; [1997] 2 FCR 217 1997 CA Lord Woolf MR, Waite, Waller LJJ Litigation Practice, Legal Professions, Family The court said that the representation of a litigant in person by a charging non-professional must be only exceptional. Courts and Legal Services Act 1990 17 18 28 1 Citers [ Bailii ] Â P v T Limited [1997] 1 WLR 1309 1997 Litigation Practice The jurisdiction under Norwich Pharmacal is not confined to circumstances where there has been tortious wrongdoing and is now available where there has been contractual wrongdoing. 1 Cites 1 Citers Â In re Saunders (A Bankrupt) [1997] Ch 60 1997 ChD Lindsay J Litigation Practice, Insolvency Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical context, capable of bearing more than one meaning and the court should give effect to the meaning which best gave effect to the statutory purpose rather than frustrating it. Insolvency Act 1986 130(2) 285 1 Cites 1 Citers Â Keppie v The Marshall Food Group Ltd 1997 SLT 305 1997 Lord Hamilton Litigation Practice In a motion for summary decree, "The court is not concerned with forecasting the outcome of a proof." 1 Citers Â Â Union Bank of Finland Ltd v Lelakis; 1997 - [1997] 1 WLR 590 Â Regina v Essex County Council, ex parte EB [1997] ELR 327 1997 McCullough J Employment, Litigation Practice It was wrong to require a plaintiff to begin a claim in the employment tribunal where the possible remedies in the County Court were greater or different. 1 Citers Â Hytech Limited v Coventry City Council [1997] 1 WLR 1667 1997 CA Ward LJ Litigation Practice 1 Citers Â Braben v Emap Images Ltd Times, 03 January 1997 3 Jan 1997 ChD Litigation Practice A plaintiff electing to take an account of profits cannot accept a payment into court, since his was not a claim in damages. Rules of the Supreme Court 22 3 Â Â Ever and Another v WT Partnership Construction Mnagement; CA 9-Jan-1997 - Times, 09 January 1997 Â Nationwide Building Society v Maynard Leslie Winspear [1997] EWCA Civ 779 15 Jan 1997 CA Litigation Practice Application for leave to appeal and for an extension of time in which to appeal. [ Bailii ] Â Barrington Charles Edwards v Martin Howard Quinn [1997] EWCA Civ 786 16 Jan 1997 CA Litigation Practice Application for leave to appeal against refusal to vacate imminent trial date. [ Bailii ] Â Lee Crowder (Formerly Known As Lee Crowder and Co - a Firm) v Rosemary Ann Kitson and Maurice W Kitson [1997] EWCA Civ 790 16 Jan 1997 CA Litigation Practice Disclosure of expert's report. [ Bailii ] Â Roger Brewer; Ann Brewer v David Andrews and Lesley Andrews [1997] EWCA Civ 809 20 Jan 1997 CA Litigation Practice Application for adjournment of appeal. 1 Cites 1 Citers [ Bailii ] Â Berridge and Sons (Waste Products) Ltd and Berridge Incinerators Ltd v UK Waste Management Ltd [1997] EWCA Civ 816 22 Jan 1997 CA Litigation Practice Application for leave to appeal. Held: Granted: "This case raises the question of the principles to be applied when deciding whether to order that an action stand dismissed on the ground of failure to provide security for costs. That question has been considered at first instance in Speed Up Holdings Limited v Gough & Co Ltd (1986) Fleet Street Reports 330 but does not appear to have been considered by the Court of Appeal. It seems to us that the factors which may be relevant include (i) whether the limitation period has expired or when it is due to expire, (ii) the apparent merits of the claim, and (iii) whether it is demonstrated that there are, or conversely that there are not, potential sources from which that security may be provided." [ Bailii ] Â Mohinder Singh Dhadly v Thamesmead Town [1997] EWCA Civ 820 22 Jan 1997 CA Litigation Practice [ Bailii ] Â Â In Re Agreements Re Supply of Freight Forwarding Services Between UK Etc; ChD 24-Jan-1997 - Gazette, 26 February 1997; Times, 24 January 1997 Â E E Thomas v Mr C Chataway, Management Of The Civil Aviation Authority, D J Stoplar [1997] EWCA Civ 834 24 Jan 1997 CA Litigation Practice The applicant sought leave to appeal against a striking out order. Leave was not granted. To the extent that the particulars disclosed any claim, it was time barred. [ Bailii ] Â Tbv Power Limited; Tarmac Plc v Elm Energy and Recycling (Uk) Limited; Environmental Incineration Company Limited (Formerly Basic Energy (Uk) Limited) and Blue Circle Industries Plc [1997] EWCA Civ 854 27 Jan 1997 CA Litigation Practice [ Bailii ] Â Albert Anthony Keith Miller v Terence George Osborne [1997] EWCA Civ 855 28 Jan 1997 CA Defamation, Litigation Practice Application for leave to appeal out of time. [ Bailii ] Â Camdex International Ltd v Bank of Zambia and Others (2) Times, 28 January 1997; [1997] EWCA Civ 798 28 Jan 1997 CA Simon Brown, Otton, Phillips LJJ Jurisdiction, Litigation Practice English Courts have no power to enforce foreign public law here. 1 Cites [ Bailii ] Â Bell Cablemedia Plc and others v Michael Anthony Simmons [1997] EWCA Civ 866 29 Jan 1997 CA Litigation Practice Leave to appeal - privilege against self-incrimination. 1 Citers [ Bailii ] Â Hoyle v Governors of St Augustine's R C High School [1997] EWCA Civ 906 31 Jan 1997 CA Litigation Practice [ Bailii ] Â Robin De Crittenden (Proposed Intervener's application) In the Matter of Lloyd's Bank Plc v Packers and Buyers Limited and Charles Baylis and others [1997] EWCA Civ 909 3 Feb 1997 CA Litigation Practice A third party with no proprietary interest in the matters at dispute between the main parties was refused consent to intervene. 1 Cites 1 Citers [ Bailii ] Â Khan v Ali [1997] EWCA Civ 921 4 Feb 1997 CA Litigation Practice [ Bailii ] Â Regina v Willsden County Court ex parte Adebayo Bankole [1997] EWHC Admin 110 5 Feb 1997 Admn Forbes J Litigation Practice The claimant sought judicial review of a refusal by the judge of his appeal against a small claims court arbitration. Held: Such arbitrations could be set aside only for misconduct or error of law by the judge. No misconduct had been shown, and nor had any error of law. The refusal was correct. [ Bailii ] Â Sally Mcleod v Wolsey Hall Oxford Ltd and others [1997] EWCA Civ 937 5 Feb 1997 CA Litigation Practice Re-litigation of decided points as abuse of process - appeal against strike out. [ Bailii ] Â Bao v Bibi, Ashfaq (Both Sued As Administrators of the Estate of Habib Ullah, Deceased) [1997] EWCA Civ 932 5 Feb 1997 CA Litigation Practice [ Bailii ] Â Pearson (T/a Simon) (a Firm) v Hutchinson [1997] EWCA Civ 933 5 Feb 1997 CA Litigation Practice Refusal of leave to appeal - appeal matters related only to issues of fact. [ Bailii ] Â Practice Direction (Mercantile Court Lists: Leeds and Newcastle Upon Tyne) Times, 07 February 1997 7 Feb 1997 QBD Litigation Practice Mercantile lists section established for QBD in Leeds and Newcastle. Â Harbhajan Lal (Trading As Lal Construction) v Dharam Singh Bimbrah [1997] EWCA Civ 959 7 Feb 1997 CA Litigation Practice County Court Rule Order 37(2) [ Bailii ] Â Kulwant Kaur Sahota v Graham Peter Peterson [1997] EWCA Civ 967 7 Feb 1997 CA Litigation Practice Appeal against order refusing party permission to bring oral evience after failure to serve witness statements. [ Bailii ] Â Practice Direction (House of Lords: Civil Procedure Amendment) Times, 07 February 1997 7 Feb 1997 HL Litigation Practice Amendment of procedures for applying for expedited appeal to House of Lords. Â Â Cynthia Whitehead v Avon County Council (2); CA 10-Feb-1997 - Times, 17 March 1997; [1997] EWCA Civ 976 Â Regina v Director of Public Prosecutions ex parte Camelot Group Plc [1997] 10 Adm LR 93; [1997] EWHC Admin 360; [1997] EWHC Admin 121; [1997] EWCA Civ 1393 11 Feb 1997 Admn Administrative, Litigation Practice There is jurisdiction for a civil court to make a declaration as to the criminality of future conduct. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Attorney General v John Dobson Campbell; In the Matter Of: Supreme Court Act 1981 As Amended By Section 24 of Prosecution of Offences Act 1985 [1997] EWHC Admin 123 11 Feb 1997 Admn Litigation Practice Application for vexatious litigant order. Supreme Court Act 1981 42 [ Bailii ] Â Â Bryan, Astley, Taylor v Barton and Frank Barton Services Limited; CA 11-Feb-1997 - [1997] EWCA Civ 987 Â Balfour Beatty Ltd v Brinmoor Ltd and Others Times, 11 February 1997 11 Feb 1997 OHCS Litigation Practice Limited company may be asked to give security costs to lodge answer to petition. Â Kincardine Fisheries Ltd v Sunderland Marine Mutual Insurance Ltd and Another Times, 12 February 1997 12 Feb 1997 QBD Litigation Practice Treatment of defendants prejudiced differently by plaintiff's delay in action. Â Barratt Manchester Limited v Bolton Metropolitan Borough Council and Hm Attorney General [1997] EWCA Civ 1006 13 Feb 1997 CA Litigation Practice Leave to appeal given. [ Bailii ] Â Jameson and Wyatt (Executors of the Estate of David Allen Jameson) v Central Electricity Generating Board and Babcock Energy Limited Times, 25 February 1997; [1997] EWCA Civ 1008 13 Feb 1997 CA Personal Injury, Wills and Probate, Litigation Practice Executors may sue for a dependency claim despite a full and final settlement having been made by the deceased. 1 Cites [ Bailii ] Â Nottingham Building Society v Peter Bennett and Co (a Firm) Times, 26 February 1997; [1997] EWCA Civ 1024 14 Feb 1997 CA Litigation Practice A writ is deemed to have been served if there has been even the briefest of possession of it by a defendant seeing the nature of the document. Rules of the Supreme Court Order 65 2 [ Bailii ] Â Â Insurance Corporation of Channel Islands Limited and Another v Royal Hotel Limited and others; CA 14-Feb-1997 - [1997] EWCA Civ 1022 Â State Bank of India v Devalaxmi Ramobhai Soni State Bank of India v Devalaxmi Ramobhai Soni [1997] EWCA Civ 1034 17 Feb 1997 CA Litigation Practice [ Bailii ] Â Lynne Moore v Safeway Stores Plc [1997] EWCA Civ 1047 19 Feb 1997 CA Litigation Practice Application for leave to appeal against automatic strike out. [ Bailii ] Â Anthony Keith Wells Linda Wells v J Stephen Gd Pain [1997] EWCA Civ 1041 19 Feb 1997 CA Litigation Practice [ Bailii ] Â Geoffrey Brewis v Vincent G Cundy [1997] EWCA Civ 1046 19 Feb 1997 CA Litigation Practice [ Bailii ] Â Meon Valley Engineering Limited v Reinforced Plastic Products Limited [1997] EWCA Civ 1048 19 Feb 1997 CA Litigation Practice 1 Cites [ Bailii ] Â Mohammed Asif Sadiq v London Buses Limited [1997] EWCA Civ 1056 20 Feb 1997 CA Personal Injury, Litigation Practice [ Bailii ] Â Â Gorse and Others v Tinkler; CA 20-Feb-1997 - Times, 20 February 1997 Â Shawn Nicholas Reeves v Mark Vaughan [1997] EWCA Civ 1061 20 Feb 1997 CA Litigation Practice [ Bailii ] Â Regina v Secretary of State for Health (Acting By the Licensing Authority Established By the Medicines Act 1968 ex parte Generics (Uk) Limited and E R Squibb and Sons Limited Intervener; Regin v Secretary of State for Health (Acting By the Licensing Times, 25 February 1997; [1997] EWCA Civ 1058 20 Feb 1997 CA Litigation Practice, Licensing The test of the balance of convenience does not apply on cross applications for interim relief. [ Bailii ] Â Peter Michael Scott v Sean Patrick O'Rourke and and Bideem Construction Limited [1997] EWCA Civ 1057 20 Feb 1997 CA Lord Justice Saville, Lord Justice Brooke Litigation Practice Leave to appeal was granted where the judge at first instance appeared to have misapplied the case of Ashworth when striking out part of the claim. [ Bailii ] Â Â Evans v British Steel Plc and Andrew Scott Limited; CA 21-Feb-1997 - [1997] EWCA Civ 1069 Â Â Smith v Cosworth Casting Processes Limited; CA 26-Feb-1997 - Gazette, 12 March 1997; Times, 28 March 1997; [1997] EWCA Civ 1099 Â Regina v London Borough of Newham ex parte Miah [1997] EWHC Admin 186 26 Feb 1997 Admn Litigation Practice Order for certiorari by consent. [ Bailii ] Â Pembrokeshire County Council v Terence John Harvey and Raydene Melissa Harvey [1997] EWHC Admin 187 26 Feb 1997 Admn Litigation Practice Appication to extend time for filing of case stated. [ Bailii ] Â Jal Mehta v Reed Fax Ltd and Christopher Guy Adams [1997] EWCA Civ 1112 27 Feb 1997 CA Litigation Practice Application for leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Kevin Bernard Kearney v Martin Matthew Patrick Dundon [1997] EWCA Civ 1114 27 Feb 1997 CA Litigation Practice [ Bailii ] Â Rooney v Preston Acute Services NHS Trust [1997] EWCA Civ 1108 27 Feb 1997 CA Personal Injury, Litigation Practice [ Bailii ] Â Â Symons v Cramb; CA 27-Feb-1997 - [1997] EWCA Civ 1104 Â Â Regina v Lord Chancellor and others ex parte Riniker; CA 28-Feb-1997 - [1997] EWCA Civ 1127 Â Regina v Birmingham City Council ex parte Michelle May Rundstrom [1997] EWHC Admin 194 28 Feb 1997 Admn Litigation Practice [ Bailii ] Â Bradford and Bingley Building Society v Hatchwell and Draper (a Firm) ; Whitehouse Gibson and Alton (a Firm) [1997] EWCA Civ 1142 3 Mar 1997 CA Contract, Litigation Practice [ Bailii ] Â Jean Seymour v David Spratley [1997] EWCA Civ 1152 4 Mar 1997 CA Litigation Practice [ Bailii ] Â Derek Buxton, Jennifer Lesley Buxton v Jefferies (A Firm) CA Civ 1146 4 Mar 1997 CA Professional Negligence, Litigation Practice The defendant firm of solicitors acted for the plaintiffs when they purchased land. The registered title showed that part of the land which appear to be within their curtilage, was registered to the neighbours. A writ was issued to claim damages for professional negligence, but was delayed pending the outcome of a claim for the possession of the land. After losing that claim, their claim against the solicitors was struck out for the delay. They appealed that striking out. They denied the delay was unreasonable, and that the defendants had been prejudiced by the delay. In this case the delay was so substantial (ten years), that prejudice to the defendant's ability to put their case was to be assumed. [ Bailii ] Â Germany v Commission C-46/96 [1997] EUECJ C-46/96 4 Mar 1997 ECJ Litigation Practice (Order) Procedure - Application rendered devoid of purpose - No need to give a decision [ Bailii ] Â James Frederick Hulbert v Her Honour Judge A Simpson and S M West [1997] EWCA Civ 1160 5 Mar 1997 CA Litigation Practice, Torts - Other The plaintiff sought damages for conspiracy to pervert the course of justice including aggravated and exemplary damages against his Honour Judge Alan Simpson and against Mrs Sheila West, who was a court shorthand writer. He had succeeded in defending a criminal action for assault, and alleged that the first respondent had ordered the second respondent to alter notes of evidence to protect the police. He appealed a striking out of his claim. Held: There was no evidence sufficient to support the allegation of a conspiracy. The fact that the defendants had not denied the allegations save through their legal representatives signified nothing. [ Bailii ] Â Janice Smith (on Behalf of the Estate of Grahame Corcoran Deceased) v Janet Berry [1997] EWCA Civ 1175 6 Mar 1997 CA Personal Injury, Litigation Practice Application for leave to appeal against refusal to extend time to serve writ. Granted. 1 Cites 1 Citers [ Bailii ] Â Â Regina v Lord Chancellor ex parte John Witham; Admn 7-Mar-1997 - Times, 14 March 1997; [1997] EWHC Admin 237; [1998] QB 575 Â Regina v Criminal Injuries Compensation Board ex parte E [1997] EWHC Admin 240 10 Mar 1997 Admn Laws J Litigation Practice The applicant, subject to a civil proceedings order, was refused permission to appeal to the court of appeal against refusal of his request for permission to bring judicial review proceedings against the respondent in respect of his claim for compensation for personal injuries after being assaulted. Supreme Court Act 1981 42 [ Bailii ] Â In the Matter of an Application for Solicitors To Be Removed From Record [1997] EWCA Civ 1231 13 Mar 1997 CA Legal Professions, Litigation Practice [ Bailii ] Â Â Armitage v Nurse; etc; CA 19-Mar-1997 - Times, 31 March 1997; [1997] EWCA Civ 1279; [1998] Ch 241; [1997] 2 All ER 705; [1997] 3 WLR 1046 Â Household Mortgage Corporation Plc v Pringle and Another [1997] EWCA Civ 1272 19 Mar 1997 CA Land, Litigation Practice Circumstances under which an order possession would be suspended. [ Bailii ] Â Regina v H M Attorney-General and Price [1997] EWHC Admin 296 19 Mar 1997 Admn Litigation Practice Supreme Court Act 1981 42 Â Â Ropaigealach and Another v Cheltenham and Gloucester Building Society; CA 20-Mar-1997 - [1997] EWCA Civ 1296 Â Cambridge v Callaghan and Another Times, 21 March 1997 21 Mar 1997 CA Personal Injury, Litigation Practice The Motor Insurers Bureau must be served with evidence of proceedings having been issued before it would become liable under the scheme. Â In Re O (A Minor) (Witness Sumons) Times, 18 April 1997; [1997] EWCA Civ 1306 21 Mar 1997 CA Litigation Practice, Children A judge may choose whether a witness summons against child is appropriate according to the child's interests. [ Bailii ] Â Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) Times, 17 April 1997; [1997] EWCA Civ 1301 21 Mar 1997 CA Litigation Practice The Court of Appeal should interfere with Judge's case management decisions only with great reluctance. 1 Cites 1 Citers [ Bailii ] Â O'Neill v O'Brien and Another Times, 21 March 1997 21 Mar 1997 CA Litigation Practice Judgment in default can be set aside by a plaintiff in order to renew proceedings. County Court Rules 1981 Order 37 r 4 Â Â In Re Sybil Margaret Pope (A Bankrupt); ChD 24-Mar-1997 - Times, 24 March 1997 Â National and Provincial Building Society v Michael Boothe-Chambers [1997] EWCA Civ 1332 25 Mar 1997 CA Litigation Practice Adjournment [ Bailii ] Â Sardar Tejendrasingh ex parte v Times Supplements Limited [1997] EWCA Civ 1338 25 Mar 1997 CA Contract, Litigation Practice [ Bailii ] Â Guardian Assurance Plc v Donoff [1997] EWCA Civ 1347 26 Mar 1997 CA Professional Negligence, Litigation Practice [ Bailii ] Â Port of Felixstowe Ltd v Secretary of State for Transport Port of Ipswich Authority Associated British Ports [1997] EWHC Admin 333 26 Mar 1997 Admn Litigation Practice [ Bailii ] Â National and Provincial Building Society v John Luke Peter Collin [1997] EWCA Civ 1353 26 Mar 1997 CA Litigation Practice Appeal for leave to appeal against refusal of adjournment - exercise of judge's discretion - refused. [ Bailii ] Â Gomes v Clark Times, 27 March 1997 27 Mar 1997 CA Litigation Practice Automatic timetable did not apply on damages assessment after judgment County Court Rules 1981 Order 17 11(9) Â Jean Elizabeth Perrin v D Short [1997] EWCA Civ 1374 10 Apr 1997 CA Litigation Practice [ Bailii ] Â Regina v Secretary of State for Home Department ex parte John Babatunde Odunukan; Regina v Secretary of State for Home Department Rosette Mesa Masaka [1997] EWHC Admin 356 11 Apr 1997 Admn Immigration, Litigation Practice Failure of applicant's representatives to appear. [ Bailii ] Â Paul Foskett v Lloyds Bank Plc [1997] EWCA Civ 1392 14 Apr 1997 CA Costs, Litigation Practice [ Bailii ] Â Home Entertainments Corporation v Patel (Trading As Raj Mini Market) [1997] EWCA Civ 1389 14 Apr 1997 CA Litigation Practice [ Bailii ] Â Wright v British Telecommunications Plc [1997] EWCA Civ 1409 15 Apr 1997 CA Employment, Litigation Practice Application for leave to appeal - failure to disclose by respondent. [ Bailii ] Â Dragica Brick v Colleys Professional Services [1997] EWCA Civ 1398 15 Apr 1997 CA Litigation Practice, Professional Negligence [ Bailii ] Â Magee v Pothecary and Barkley [1997] EWCA Civ 1406 15 Apr 1997 CA Litigation Practice Refusal of leave to appeal - hopeless case. [ Bailii ] Â Board of Governors of National Heart and Chest Hospital v Robert Alfred Chettle and Embassy of Finland (Scientific Office) [1997] EWCA Civ 1424 17 Apr 1997 CA Litigation Practice Leave to appeal granted. [ Bailii ] Â John Anthony Allen v Robert Alfred Schrier [1997] EWCA Civ 1429 17 Apr 1997 CA Litigation Practice Application for leave to appeal - granted. [ Bailii ] Â Vickerstaff v Edbro Plc [1997] EWCA Civ 1431 17 Apr 1997 CA Torts - Other, Litigation Practice The claimant had made claims against his former employers of fraudulent misrepresentation, malicious prosecution and of false imprisonment. He now sought leave to appeal against the striking out of his claim. The judge had found that his claims should have been raised within earlier proceedings. Held. The principle gounds on which the judge had reached his conclusion were unassailable. The order for the claimant's imprisonment was not unlawful having been made regularly in court proceedings. Leave refused. 1 Cites 1 Citers [ Bailii ] Â Barratt Manchester Limited v Bolton Metropolitan Borough Council and Hm Attorney General [1997] EWCA Civ 1442 18 Apr 1997 CA Planning, Litigation Practice Transcript of directions hearing. [ Bailii ] Â Eurocopy Rentals Limited v Pascoe [1997] EWCA Civ 1446 18 Apr 1997 CA Litigation Practice Formal grant of leave to appeal. 1 Citers [ Bailii ] Â Hardev Singh Grewal (Trading As TPN Warehousing) v Metro Products (Accessories and Leisure) Trevor Charles Cooper [1997] EWCA Civ 1472 22 Apr 1997 CA Litigation Practice [ Bailii ] Â Michael Mullen (Trading As Kensington Road Services) v Conoco Ltd Gazette, 30 April 1997; Times, 30 April 1997; [1997] EWCA Civ 1495 23 Apr 1997 CA Litigation Practice The dismissal of an application to set aside a default judgment did not create a res judicata so as to prevent a new action. [ Bailii ] Â Formtech Creative Engineering Ltd v Wendel Hinds (T/a Belhind) [1997] EWCA Civ 1484 23 Apr 1997 CA Litigation Practice Leave to appeal refused - pure fact only. [ Bailii ] Â Abbey National Mortgages Plc (Formerly CIBC Mortgages Plc) v Alder King and (Formerly Alder King T/a Black Horse Agencies Alder King) [1997] EWCA Civ 1505 24 Apr 1997 CA Litigation Practice Leave to appeal granted. [ Bailii ] Â Klosok v Klosok and Another [1997] EWCA Civ 1514 24 Apr 1997 CA Litigation Practice Short unreasoned order. [ Bailii ] Â Kings Quality Homes Ltd v A J Paints Ltd Times, 24 April 1997 24 Apr 1997 CA Litigation Practice A County Court judge may hear an appeal from High Court district judge if transferred to the County Court. Â Spooner v Webb Times, 24 April 1997 24 Apr 1997 CA Litigation Practice A County Court judge looking at cumulative delay may look to particular instances of delay. Â Ronald Ling, Harold Carlton v Coopers and Lybrand, Charity Commissioners, HM Attorney-General CA Civ 1504 24 Apr 1997 CA Costs, Litigation Practice The applicant, Mr Lomas, had appeared as a Mackenzie friend for the two applicants, in the latest of a long running series of actions challenging the management of a charitable foundation. The court warned Mr Lomas, that whilst they were prepared to hear him, he might run the risk of an order for costs against him personally if the application was felt to be frivolous. He applied for leave and appealed just that order when it was later made. The court granted leave. Whilst the court might not feel particular sympathy for the appellant, he had raised an issue which required clarification as to the power of the court to order costs against someone acting as a Mackenzie friend. [ Bailii ] Â Â Grovit and others v Doctor and others; HL 24-Apr-1997 - Gazette, 21 May 1997; Times, 25 April 1997; [1997] UKHL 13; [1997] 1 All ER 417; [1997] 1 WLR 640 Â Â Bannister v SGB Plc and others and 19 Other Appeals; CA 25-Apr-1997 - Gazette, 13 August 1997; Times, 02 May 1997; [1997] EWCA Civ 1524; [1998] 1 WLR 1123; [1997] 4 All ER 129 Â Â Hunter v Skingley; CA 25-Apr-1997 - Times, 07 May 1997; [1997] EWCA Civ 1541 Â British and Commonwealth Holdings Plc (In Admin) v Barclays De Zoete Webb Ltd Times, 25 April 1997 25 Apr 1997 ChD Litigation Practice A third party wanting affidavits to be sworn in director disqualification proceedings must apply on notice. Companies Act 1985 432(2) Â Â Canada Trust Company and others v Wolfgang Otto Stolzenberg and others; CA 28-Apr-1997 - [1997] EWCA Civ 1545; [1997] 1 WLR 1582 Â Â Bell Cablemedia Plc etc v Simmonds; CA 29-Apr-1997 - [1997] EWCA Civ 1549; [2002] FSR 34; [2001] All ER (D) 259 (Jun) Â Greenalls Management Limited v Canavan Times, 19 May 1997; [1997] EWCA Civ 1551 29 Apr 1997 CA Litigation Practice, Commercial An appellant should notify the respondent if wishes to apply again for leave to add further grounds of appeal. 1 Cites 1 Citers [ Bailii ] Â Rajah and Rajah v R and J Garner (Builders) Ltd [1997] EWCA Civ 1555 29 Apr 1997 CA Brooke LJ, Waller LJ Litigation Practice County Court Rules O17 r11 [ Bailii ] Â Dennis Southall v Swansea Yacht Haven Limited [1997] EWCA Civ 1564 30 Apr 1997 CA Personal Injury, Litigation Practice Application for reinstatement of action after automatic strike out for delay. [ Bailii ] Â Malcolm Mcinnes v Basil Jayanatha Samaraweera [1997] EWCA Civ 1572 30 Apr 1997 CA Litigation Practice [ Bailii ] Â Barclays Bank Plc v Peter Flacke (T/a Peter Flacke and Co) [1997] EWCA Civ 1562 30 Apr 1997 CA Litigation Practice [ Bailii ] Â Â Thompson v Grimsby Health Authority And Others; CA 30-Apr-1997 - CA Civ 1560 Â Her Majesty's Attorney General v Bridget Deltora Wray CA Civ 1583 1 May 1997 CA Litigation Practice The applicant appealed an order declaring her a vexatious litigant. She had commenced nine sets of proceedings, of which eight had been struck out as being without merit. Other proceedings had ended similarly. She claimed that her actions were dependent upon discovery producing evidence which was not available when the court decided whether her case should proceed. The court had endeavoured to work with her to discover the substance of her complaint. It had failed. Leave refused. Supreme Court Act 1981 42 [ Bailii ] Â Malcolm Gregson Walker v Dan Air Services Limited [1997] EWCA Civ 1596 1 May 1997 CA Personal Injury, Litigation Practice [ Bailii ] Â Â Smith v Cosworth Casting Processes Ltd; CA 1-May-1997 - Times, 15 May 1997; [1997] EWCA Civ 1598 Â Street v Derbyshire County Council [1997] EWCA Civ 1599 1 May 1997 CA Litigation Practice, Personal Injury Time limits - service of proceedings. [ Bailii ] Â Â Cole v Kivells (A Firm); CA 2-May-1997 - Times, 02 May 1997 Â Â In Re H (A Minor) (Chambers Proceedings: Mckenzie Friend); CA 6-May-1997 - Times, 06 May 1997; [1997] EWCA Civ 1436; [1997] 2 FLR 423 Â Frederick Thomas Brennan v Brighton Borough Council Times, 15 May 1997; [1997] EWCA Civ 1628; [1997] EWCA Crim 1089; [1997] EWCA Civ 1629 7 May 1997 CA Litigation Practice Where there was still a possibility of a claim for restitution, a decision to strike out the action on the basis that there was no extant cause of action, was wrong. Limitation Act 1980 35(5) 1 Cites [ Bailii ] - [ Bailii ] - [ Bailii ] Â P v T Ltd Times, 07 May 1997; [1997] 1 WLR 1309; [1997] 4 All ER 200 7 May 1997 ChD Sir Richard Scott V-C Litigation Practice A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the interests of justice albeit that the claimant was not able to identify without discovery what would be the appropriate cause of action. In extreme circumstances, it was legitimate to exercise the power for disclosure in a case where not only the name of the tortfeasor but the full nature of the suspected tort was unknown. 1 Citers Â Â Regina v Secretary of State for Transport ex parte Factortame and others (5); Admn 7-May-1997 - Times, 16 May 1997; Gazette, 04 June 1997; [1997] EWHC Admin 445; (1997) 9 Admin LR 591; [1997] COD 432 Â Allied Irish Bank v Ashford Hotels Limited and Ashford Hotels Limited v Jay Francis Higgins; Charles Daniel Tyree and Emblem Bv [1997] EWCA Civ 1635; [1997] 3 All ER 309 8 May 1997 CA Phillips LJ Litigation Practice, Jurisdiction The court asked itself whether it had power to require a cross-undertaking in favour of third parties as a condition of appointing a receiver. Held: Phillips LJ: "The Mareva injunction is a comparatively recent addition to the armoury of the court. Having discovered the existence of, or some would say invented, this weapon, the court went on to invent the ancillary weapon of the cross-undertaking in damages for the benefit of third parties (see Z Ltd v A [1982] QB 558). In that case the cross-undertaking approved by the court was one designed to protect third parties from the consequences of compliance with the injunction but the scope of the protection of the undertaking has since been expanded to embrace third parties adversely affected by the injunction. For myself, I cannot accept that the jurisdiction of the court to require such an undertaking only exists where a Mareva injunction is ordered. Once the cross-undertaking for the benefit of third parties became a recognised feature of the court's jurisdiction in that context, it necessarily followed that the court could make use of it when granting other discretionary relief, at least where that relief was empowered under the same statutory provision." 1 Citers [ Bailii ] Â Abraham and Another v Thompson and Others Gazette, 11 June 1997; Times, 19 August 1997; Times, 15 May 1997 12 May 1997 ChD Mr. Justice Lloyd Litigation Practice The court may issue a stay of proceedings pending disclosure of the source of funding of an action, without there needing to be any suggestion of champerty or other illegality. The first plaintiff was ordered to disclose to the 5th and 6th defendants on affidavit whether any, and if so what, third party or parties had provided all or any substantial part or parts of the money used to fund this action as regards costs incurred by him from the date when they were added as parties. 1 Cites 1 Citers Â Frederick George Groves v Co-Operative Wholesale Society Ltd and Another [1997] EWCA Civ 1675 12 May 1997 CA Brooke LJ, Waller LJ Litigation Practice [ Bailii ] Â B V Tapijtfabriek Van Den Brink and Another v Malcolm B Shierson and Another [1997] EWCA Civ 1673 12 May 1997 CA Litigation Practice Appeal against refusal to allow evidence to be admitted. [ Bailii ] Â Barrington Black Austin and Co v Andrew Dickson [1997] EWCA Civ 1678 13 May 1997 CA Litigation Practice [ Bailii ] Â Practice Direction (Crown Office List: Consent Orders) Times, 14 May 1997 14 May 1997 COL Litigation Practice Sets out procedures for uncontested applications in civil and criminal matters in Crown Office List. Â Sevenoaks District Council v Secretary of State for Environment v Clark [1997] EWHC Admin 470 14 May 1997 Admn Litigation Practice Unspeciified leave given. [ Bailii ] Â Practice Direction (Court of Appeal: Revised Procedures) Times, 14 May 1997 14 May 1997 CA Litigation Practice Sets out how bundles of documents to be prepared for Court of Appeal; distinction between core and reference bundles. Â Keith Pearson v Export Packaging Services Ltd and Rover Group Ltd [1997] EWCA Civ 1690 14 May 1997 CA Litigation Practice County Court Rules Ord17 r11 [ Bailii ] Â Â Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd; CA 15-May-1997 - Times, 21 May 1997; [1997] EWCA Civ 1710; [1997] EMLR 415 Â Raymond Tindall Whitfield and Irene Zoe Whitfield v Jose Angel Medio Cachafeiro [1997] EWCA Civ 1709 15 May 1997 CA Litigation Practice [ Bailii ] Â X Corporation v Y Unreported, 16 May 1997 16 May 1997 Legal Professions, Litigation Practice Legal professional privilege might be taken to be waived if it would be unfair to allow a client to maintain it. 1 Citers Â Â Regina v Criminal Injuries Compensation Board ex parte Avraam; CA 16-May-1997 - Gazette, 18 June 1997; Times, 06 June 1997; [1997] EWCA Civ 1729 Â Purcell Meats (Scotland) Ltd and Ulster Meats Ltd v Intervention Board for Agricultural Produce (a Body Corporate) [1997] EWCA Civ 1728 16 May 1997 CA Litigation Practice [ Bailii ] Â Alan Derek Wright v Terence William Steele [1997] EWCA Civ 1735 19 May 1997 CA Litigation Practice Application for leave to appeal - refused. [ Bailii ] Â Commissioners of Customs and Excise v Ferrero Uk Ltd Times, 19 May 1997; [1997] EWCA Civ 1623 19 May 1997 CA Litigation Practice A Judge must first quash the decision of a Tribunal before remitting a case for reconsideration by them. Rules of the Supreme Court Order 55 r7 [ Bailii ] Â O Mullally v P McTaggart [1997] EWCA Civ 1746 21 May 1997 CA Litigation Practice [ Bailii ] Â Practice Direction (Commercial Court: Time Estimates for Summonses) Times, 21 May 1997 21 May 1997 QBD Litigation Practice Time limits are to be followed more strictly in commercial cases. The parties are to apply to the court for an extension if one is required. Â J H Shannon v Country Casuals Holdings Plc Times, 16 June 1997; Gazette, 21 May 1997 21 May 1997 QBD Litigation Practice, Costs A witness who was answering a sub poena ad duces tecum, is entitled to his costs incurred in complying with the order over and above just the conduct money. Such an order can lead to real additional costs. 1 Cites 1 Citers Â June Mary Craven v Michael Glazer [1997] EWCA Civ 1744 21 May 1997 CA Litigation Practice, Professional Negligence [ Bailii ] Â Jashuir Singh Khela v Bhajan Singh Pone and Norwest Holst Limited [1997] EWCA Civ 1742 21 May 1997 CA Personal Injury, Litigation Practice The claimant sught to re-instate his personal injury action. It had been struck out under the automatic directions. Held: The claimant had not satsified the requirement to provide a sufficient reason to make his delay excusable. 1 Cites [ Bailii ] Â Ryan Peter Edmondson v Scottish and Newcastle Breweries Plc and M P Black and R Bailey [1997] EWCA Civ 1760 22 May 1997 CA Litigation Practice, Personal Injury [ Bailii ] Â Marisa Romano v London Borough of Croydon [1997] EWCA Civ 1757 22 May 1997 CA Litigation Practice 1 Cites [ Bailii ] Â Arora v A R Erdozain and others (Trading As Solomon Hare and Co) [1997] EWCA Civ 1756 22 May 1997 CA Litigation Practice Appeal against automatic strike out. 1 Cites [ Bailii ] Â Alcorn v Dagenham Motors Group Plc and others [1997] EWCA Civ 1773 23 May 1997 CA Litigation Practice Application to restore action against bank defendant released from tha action on the basis that no cause of action existed against it. 1 Citers [ Bailii ] Â Paul David Douglas and Another v Royal Bank of Scotland Plc and Another [1997] EWCA Civ 1771 23 May 1997 CA Litigation Practice [ Bailii ] Â Caspian Basin Specialised Emergency Salvage Administration and Anr v Bouyges Offshore SA (No. 3) [1997] 2 Lloyd's Rep. 493; [1997] CLC 1443 26 May 1997 AdCt Colman J Transport, Litigation Practice ComC Third party notices – application to set aside – loss of barge under tow – port authority held not to be a necessary and proper party Â Her Majesty's Attorney General v Rowan Gavin Paton Menzies CA Civ 1777 4 Jun 1997 CA Human Rights, Litigation Practice The appellant appealed an order declaring him a vexatious litigant. He had been involved in a whole series of attempts to set aside a judge's decision from 1990. He asserted that the party who had made the application for the declaration, the Attorney General, was the very party whose actions had interfered with his attempts to obtain justice. In the circumstances the refusal to give him leave to apply for leave for judicial review was to be allowed to go ahead, and the current proceedings were adjourned to allow this to go ahead. Supreme Court Act 1981 42 [ Bailii ] Â Roach v Millard [1997] EWCA Civ 1797 5 Jun 1997 CA Litigation Practice [ Bailii ] Â Jones v Bayford Mining Co Ltd Times, 06 June 1997 6 Jun 1997 CA Litigation Practice Court has the power to strike out an action for want of prosecution even though automatic time limits do not yet apply to the action. Â Harding v Cartwright Times, 09 June 1997 9 Jun 1997 CA Litigation Practice No application can be made for striking out during the 21 days allowed by court rules for consideration and acceptance of payment in. Â UCB Bank Plc v Halifax (SW) Limited (In Liquidation) Formerly Colley Sampson Limited (Trading As Hepper Robinson) and K A Ralphs [1997] EWCA Civ 1827 10 Jun 1997 CA Litigation Practice, Professional Negligence [ Bailii ] Â Credit Suisse Fides Trust SA v Sergio Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm) Times, 03 July 1997; [1997] EWCA Civ 1831; [1998] QB 818 11 Jun 1997 CA Millett LJ Litigation Practice, Jurisdiction The claimant brought proceedings in Switzerland (a party to the Lugano Convention) against the defendant who was domiciled in England, alleging that he had conspired with one of the claimant's employees to misappropriate some US$ 21 million. It was conceded that there was a good arguable case against Mr Cuoghi, which would have justified worldwide Mareva relief if the action had been brought in England. Mr Cuoghi relied on earlier decisions in support of his argument that Mareva relief should be confined to his assets in England and Wales. No criterion or guide line is provided as to the test to be applied by the court in considering whether it is inexpedient to grant an order under the Act. "It is the ancillary or subordinate nature of the jurisdiction rather than its source which is material, and the test is one of expediency. The structure of sub-sections (1) and (2) and the way in which their scope has been progressively widened indicate . . an intention on the part of Parliament that the English courts should in principle be willing to grant appropriate interim relief in support of substantive proceedings taking place elsewhere, and that it should not be deterred from doing so by the fact that its role is only an ancillary one unless the circumstances of the particular case make the grant of such relief inexpedient." Civil Jurisdiction and Judgments Act 1982 25 1 Citers [ Bailii ] Â Sansom v Portsmouth City Council [1997] EWCA Civ 1843 11 Jun 1997 CA Litigation Practice Leave to serve out of time. [ Bailii ] Â A Meredith Jones and Co Limited v Vangemar Shipping Co Limited (No 2) [1997] EWCA Civ 1845 12 Jun 1997 CA Litigation Practice Use of tapes of court hearings to verify extent of argument in earlier hearing. 1 Cites 1 Citers [ Bailii ] Â Savino v Oates [1997] EWCA Ci; [1997] EWCA Civ 1895 18 Jun 1997 CA Lord Justice Auld Lord Justice Pill Contract, Litigation Practice The applicant had employed the defendant. He paid them in cash, and they were also paid by the Legal Aid Board. The defendant counter-claimed for other unpaid fees. The district judge had, as arbitrator, found for the defendant. Held: despite misgivings, the issues were ones of fact on which the appeal court could not rule. County Court Rules 1981 Order 19, rule 9 [ Bailii ] Â Gotha City v Sotheby's and Another Times, 03 July 1997; [1997] EWCA Civ 1897 19 Jun 1997 CA Litigation Practice Abandonment of privilege within discovery proceedings did not imply general waiver of same privilege; limited to instant proceedings. 1 Cites 1 Citers [ Bailii ] Â Regina v Wandsworth Borough Council ex parte Joshua Alexandre Dias Mackenzie-Kerr (Acting By His Father and Next Friend Jonathan Mackenzie-Kerr) [1997] EWHC Admin 586 23 Jun 1997 Admn Litigation Practice Application for leave to appeal granted (no reasons). [ Bailii ] Â Henry Ansbacher and Co Ltd v Binks Stern (a Firm) Times, 26 June 1997; Gazette, 09 July 1997; [1997] EWCA Civ 1942 24 Jun 1997 CA Litigation Practice, Torts - Other The bank had made an allegation of fraudulent misrepresentation against a firm of solicitors. It appealed a strike out of its claim. Held: An appeal court may exceptionally overturn a finding that the Defendant was not guilty of fraud in a case where that conclusion is inevitable from the facts. [ Bailii ] Â Waters and Another v Veals Lawnmower Services and Another [1997] EWCA Civ 1970 25 Jun 1997 CA Contract, Litigation Practice [ Bailii ] Â J J Mathewson v King Sturge and Co [1997] EWCA Civ 1959 25 Jun 1997 CA Litigation Practice The claimant said that a sum paid in apparent settlement of a judgment but paid to his agent was not satisfaction of his order. Held: The appeal had no prospect of success. The appellant could point to no error of law in the decision. [ Bailii ] Â Northumberland and Durham Property Trust Ltd v London Rent Assessment Committee and Others Times, 26 June 1997 26 Jun 1997 QBD Litigation Practice Appellate court deciding to remit case for rehearing to lower court need not hear all other elements of appeal. Â Services Techniques Sedco Forex and Triton Holdings Ltd v Maersk Company Ltd and A P Moller [1997] EWCA Civ 1992 27 Jun 1997 CA Litigation Practice [ Bailii ] Â Bashiru Adebola Ayobiojo, Angela Wendy Ayobiojo v Andy Mcgoldrick, Sharon Mcgoldrick [1997] EWCA Civ 1983 27 Jun 1997 CA Litigation Practice Application of leave to appeal - granted. 1 Cites 1 Citers [ Bailii ] Â Yorkshire Bank Plc v Hall etc [1997] EWCA Civ 1993 27 Jun 1997 CA Litigation Practice (Leave to appeal). [ Bailii ] Â Commercial and Admiralty Courts: Judgment Archive Times, 30 June 1997 30 Jun 1997 QBD Litigation Practice The court provides a disk for free with index of unreported cases in the divisions (to lawyers only). Â John O'Grady v Motorcycle Service Centre [1997] EWCA Civ 1997 30 Jun 1997 CA Litigation Practice [ Bailii ] Â Regina v Minister of Agriculture Fisheries and Food and Secretary of State for Environment ex parte Monsanto Plc Feinchemie Schwebda Gmbh Intervener [1997] EWHC Admin 605 30 Jun 1997 Admn Litigation Practice Application to withdraw judicial review application, with order for costs against intervener. [ Bailii ] Â Â Krasucki v Dr A Adler; CA 3-Jul-1997 - [1997] EWCA Civ 2018 Â Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte M S [1997] EWCA Civ 2019 3 Jul 1997 CA Health, Litigation Practice The hospital authorities applied ex parte and were granted a declaration which dispensed with the applicant's consent to medical treatment. Held. Her appeal was allowed. A declaration (especially one affecting an individual's personal autonomy) ought not to be made on an ex parte basis, not least because it would be ineffective to achieve its purpose of protecting the doctor or doctors who administered the treatment from claims. This was an order which the applicant "is entitled to have set aside ex debito justitiae. That may involve some unfairness to the doctors and nurses at St George's . . But the unfairness (indeed injustice) to MS would be much greater if the order were not set aside." 1 Cites 1 Citers [ Bailii ] Â Richard Branson v Guy Snowden and Richard Branson v Gtech UK Corporation (a Body Corporate) and Robert Rendine [1997] EWCA Civ 2021 3 Jul 1997 CA Lord Justice Butler-Sloss, Lord Justice Auld, Lord Justice Aldous Defamation, Litigation Practice The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation. Held: The Lucas-Box defence could not be struck out. Litigious advantage resulting to one or other party from discovery and inspection is an aspect of securing fairness in disposal of the matter. The court refused leave to appeal against an order requiring disclosure of Mr Snowden's statement as part of a mutual disclosure. 1 Cites 1 Citers [ Bailii ] Â Â Greig Middleton and Company v Denderowicz and Olaleye-Oruene v London Guildhall University (No 1); CA 4-Jul-1997 - Times, 28 July 1997; [1997] EWCA Civ 2026; [1997] 4 All ER 181; [1998] 1 WLR 1164 Â Â Williams v Attridge Solicitors (a Firm); CA 8-Jul-1997 - [1997] EWCA Civ 2049 Â Â Zockoll Group Limited v Mercury Communications Limited; CA 8-Jul-1997 - [1998] FSR 354; [1997] EWCA Civ 2053 Â Mercier v Clark and Walker Limited [1997] EWCA Civ 2056 9 Jul 1997 CA Contract, Litigation Practice The claimant sought leave to appeal. After their car had been repaired, there was a dispute, and they stopped their cheque. Proceedings were taken, and they lost. Eventually the garage obtained an order for the sale of the car. Mrs Mercier made an interpleader asserting the car was hers. She sought leave to appeal the failure of that application. Leave was refused. Â J G A Phillips v Lehman Brothers Holdings Plc and others [1997] EWCA Civ 2066 9 Jul 1997 CA Litigation Practice Application for leave to appeal against order for production of documents. 1 Citers [ Bailii ] Â Joan Beryl Webb Paul Francis Webb (Personal Representatives of the Late George Lawrence Webb) v Lawrence Desmond Webb [1997] EWCA Civ 2067 9 Jul 1997 CA Wills and Probate, Litigation Practice [ Bailii ] Â The Royal Bank of Scotland v Allan Appleyard, Maureen Appleyard [1997] EWCA Civ 2075 10 Jul 1997 CA Litigation Practice The applicants appealed an order refusing them leave to appeal an order for possession. No evidence had been given to support their non-attendance on medical grounds, and the order was proper. [ Bailii ] Â In the Matter of Reverend Paul Stewart Williamson [1997] EWHC Admin 663 10 Jul 1997 Admn Litigation Practice, Ecclesiastical Supreme Court Act 1981 42 [ Bailii ] Â Regina v Her Majesty's Attorney-General ex parte Reverend Paul Stewart Williamson [1997] EWHC Admin 691 16 Jul 1997 Admn Ecclesiastical, Litigation Practice Supreme Court Act 1981 42 [ Bailii ] Â Eurocopy Rentals Limited v Michael Pascoe [1997] EWCA Civ 2113 16 Jul 1997 CA Consumer, Litigation Practice Consumer Credit act 1974 15 1 Cites [ Bailii ] Â Joseph Alan Geoffrey Neville; Eileen Patricia Hill v Courtney Frederick Wilson; Lilian Jean Wilson; Lilian Chesworth Neville (Now Deceased) and Jonathan Neville Wilson [1997] EWCA Civ 2117 16 Jul 1997 CA Litigation Practice [ Bailii ] Â Peter Laycock v Kenneth Charles Lagoe [1997] EWCA Civ 2144 18 Jul 1997 CA Personal Injury, Litigation Practice The claimant appealed an order staying his personal injury claim until he underwent an examination for the defendant using MRI. [ Bailii ] Â Howells v Wang (ex parte application) [1997] EWCA Civ 2142 18 Jul 1997 CA Litigation Practice [ Bailii ] Â Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting [1997] EWHC Admin 704 18 Jul 1997 Admn Scott Baker J Health Professions, Litigation Practice The applicant complained of having been struck off the register of nurses. He said that when he told the court that he wanted to appeal he was sent forms appropriate for a judicial review. He amended and submitted them. In correcting him, the court office again misled him. Held. The court was unable to extend the time for filing the original appeal, but could treate the original document as an appeal and extend time for service. 1 Cites 1 Citers [ Bailii ] Â Â Kelly v Commissioner of Police for Metropolis; CA 22-Jul-1997 - Gazette, 03 September 1997; Times, 20 August 1997; [1997] EWCA Civ 2160 Â Â Bairstow; Marcus; Hersey and Porter v Queens Moat Houses Plc; CA 23-Jul-1997 - Times, 23 October 1997; [1997] EWCA Civ 2168; [1997] EWCA Civ 2290; [1997] EWCA Civ 2267; [1998] 1 All ER 343 Â Williamson v Commissioner of Police for Metropolis [1997] EWCA Civ 2177 23 Jul 1997 CA Police, Defamation, Litigation Practice [ Bailii ] Â Abraham and Another v Thompson and Another [1997] EWCA Civ 2179 24 Jul 1997 CA Litigation Practice The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. 1 Cites 1 Citers [ Bailii ] Â Â Connelly v RTZ Corporation Plc and others; HL 24-Jul-1997 - Times, 04 August 1997; Gazette, 28 August 1997; [1997] UKHL 30; [1998] AC 854; [1997] 4 All ER 335; [1997] 3 WLR 373 Â Greig Middleton and Co Ltd v Denderowicz (No 2) Times, 28 July 1997 28 Jul 1997 CA Saville, Brooke, Waller LJJ Litigation Practice A claim for under Â£3,000 in County Court is automatically referred to arbitration without the need for any order to that effect. County Court Rules 1981 17 11 1 Cites Â Georgian Maritime Corporation v Sealand Industries ex parte [1997] EWCA Civ 2226 29 Jul 1997 CA Litigation Practice (Application for leave to Appeal). [ Bailii ] Â In the Matter of a Civil Matter Now Pending In District Court for Second Judicial District, County of Ramsey, State of Minnesota [1997] EWCA Civ 2241; [1997] ILP 170 30 Jul 1997 CA Lord Woolf MR Jurisdiction, Litigation Practice When considering an application under the 1975 Act, the court must not only observe the restrictions imposed by the 1975 Act; it must also hold a fair balance between the interests of the requesting court and the interests of the witness. “because of the need to hold the balance between the requesting court and the witnesses who are to be examined, if the Request is given effect, the court will not allow uncertain, vague or other objectionable Requests to be implemented. A witness is entitled to know within reasonable limits the matters about which he or she is to be examined.” Evidence (Proceedings In Other Jurisdictions) Act 1975 - Rules of the Supreme Court 70 1 Citers [ Bailii ] Â Regina v Hackney London Borough Council ex parte Adebiri; Regina v Merton London Borough Council ex parte Inparaja; Regina v Merton London Borough Council ex parte Parupathpilli; Regina v Ealing Lbc ex parte Jehan [1997] EWHC Admin 752 31 Jul 1997 Admn Kay J Litigation Practice Very short formal order. [ Bailii ] Â Mann v O'Neill (1997) 71 ALJR 903; (1997) 191 CLR 204; (1997) 145 ALR 682; (1997) 12 Leg Rep 21; [1997] Aust Torts Reports 81-436 31 Jul 1997 Litigation Practice, Defamation High Court of Australia - Courts should be reluctant to extend the immunity given to witnesses: "the general rule is that the extension of absolute privilege is viewed with the most jealous suspicion, and resisted, unless its necessity is demonstrated" Defamation - Absolute privilege - Absolute privilege only attaches out of necessity - Judicial and quasi-judicial proceedings - Complaint procedures and disciplinary proceedings - Letter to Attorney-General questioning special magistrate's fitness to hold office - Letter not a step in disciplinary proceedings - Letter invoked investigative function equating with prosecuting authority's function - Not necessary that statements to prosecuting authorities be absolutely privileged - Complaints to prosecuting authorities enjoy qualified privilege. 1 Citers [ ] Â Ostrich Farming Corporation v Wall Street Llc and others [1997] EWCA Civ 2274 31 Jul 1997 CA Litigation Practice [ Bailii ] Â Sundt Wrigley and Co Limited; Euro Canadian International Fund Limited v Alan Charles Wrigley; Bawt Limited; Atlantic Investments Limited v Jan Christian Gruner Sundt and David Morris Beaumont Parties [1997] EWCA Civ 2284 31 Jul 1997 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Â Taylor and Taylor v Ribby Hall Leisure Limited and North West Leisure Holdings Limited; CA 6-Aug-1997 - Times, 06 August 1997; [1997] EWCA Civ 2220; [1998] 1 WLR 400 Â Ion Curtis Roach v British Railways Board [1997] EWCA Civ 2301 15 Aug 1997 CA Torts - Other, Litigation Practice Refusal of leave to appeal. [ Bailii ] Â Slater v Cleveland County Council [1997] EWCA Civ 2306 20 Aug 1997 CA Personal Injury, Litigation Practice [ Bailii ] Â Burton Mason and Wilson (a Firm) v Colin Riley and Keith Riley [1997] EWCA Civ 2307 21 Aug 1997 CA Litigation Practice 1 Cites [ Bailii ] Â H M Attorney General v Frank Lewis Foley and Harry Desmond Foley [1997] EWCA Civ 2308 21 Aug 1997 CA Litigation Practice Supreme Court Act 1981 42(1) 1 Cites [ Bailii ] Â Al-Fayed v Emanouel Antiques Ltd Times, 22 August 1997; Gazette, 17 September 1997; [1997] EWCA Civ 1516; [1997] EWCA Civ 2171; [1997] EWCA Civ 2820 22 Aug 1997 CA Litigation Practice The burden of stress of litigation over time, can be a factor allowing an order for the dismissal of case for want of prosecution, where there had been an inordinate and inexcusable delay. [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Regina v Dean and Chapter of St Paul's Cathedral and Church In Wales ex parte Williamson; Admn 22-Aug-1997 - [1997] EWHC Admin 784; [1998] C0D 130 Â Read v Tozers (a Firm) [1997] EWCA Civ 2332 5 Sep 1997 CA Litigation Practice Leave to appeal against strike out granted. 1 Cites 1 Citers [ Bailii ] Â Miriam Knight v Sage Group Plc [1997] EWCA Civ 2340 11 Sep 1997 CA Personal Injury, Litigation Practice [ Bailii ] Â The Royal Bank of Scotland v Harvey Craig [1997] EWCA Civ 2348 17 Sep 1997 CA Litigation Practice The defendant applied for leave to appeal against a refusal to allow a hearing date to be vacated. The judge had refused on the basis of an earlier 'hostile' order that no further applications for adjournment should be granted. The judge had been unaware of the context of that order, and had failed properly to allow for the fact that the court's time was already overbooked. The issue of prejudice was the predominant one, and it was a case in which leave should be granted, and the hearing date be vacated. Â Surab Khan, Muhit Khan v Lucky Miah, Abdul Ahad, Khasru Miah [1997] EWCA Civ 2349 17 Sep 1997 CA Litigation Practice A series of findings and orders had been made between the parties regarding a partnership, and the sale of property. The defendants sought leave to appeal out of time against an order for sale. The damage to the defendants of a sale exceeded the risk to the plaintiffs of a short delay, and the order for sale was suspended pending the appeal. 1 Cites 1 Citers [ Bailii ] Â Arthur Rumsey and Annie Rumsey v Norman Caleb Capel; Beatrice Margaret Capel and East Sussex County Council [1997] EWCA Civ 2352 18 Sep 1997 CA Land, Litigation Practice [ Bailii ] Â Mayor and Burgesses of London Borough of Camden v Patricia Timson [1997] EWCA Civ 2359 23 Sep 1997 CA Housing, Litigation Practice [ Bailii ] Â Â Abraham and Another v Thompson and Others; CA 1-Oct-1997 - Gazette, 01 October 1997 Â Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al Times, 13 October 1997; [1997] EWCA Civ 2385 2 Oct 1997 CA Litigation Practice A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. 1 Cites 1 Citers [ Bailii ] Â Practice Direction (Commercial Court: Guide to Commercial Court Practice Fourth Edition) Times, 02 October 1997 2 Oct 1997 QBD Litigation Practice Fourth edition of guide includes several new provisions; listed in full in the direction, included in new edition. Â Scott v Garland [1997] EWCA Civ 2386 2 Oct 1997 CA Litigation Practice Refusal of adjournment. 1 Cites [ Bailii ] Â Practice Direction (Commercial Court: Abridged Taxation of Costs Procedure) Times, 02 October 1997 2 Oct 1997 QBD Litigation Practice Direction providing for shortened procedures for optional use by parties for test period of one year from October 1997. Â Bowman v Norfolk County Council [1997] EWCA Civ 2390 2 Oct 1997 CA Litigation Practice, Personal Injury Striking out - delay. [ Bailii ] Â Citibank Na (a Body Corporate Incorporated With Limited Liability Under the National Bank of the Usa) v Lebihan Contracts Limited Anton Piller (Uk) Limited Thames Environmental Services Limited [1997] EWCA Civ 2383 2 Oct 1997 CA Construction, Litigation Practice [ Bailii ] Â Louis James Binks (By her Mother and Next Friend Kathryn Binks) v Dr Sadru Maken Avon Health Authority [1997] EWCA Civ 2442 8 Oct 1997 CA Litigation Practice, Professional Negligence [ Bailii ] Â Sutherland; Berg; Wyman; Hiscock and Wise v Barnes [1997] EWCA Civ 2444 8 Oct 1997 CA Company, Health Professions, Litigation Practice Application for leave to appeal - order dissolving doctors' partnership. [ Bailii ] Â Sundt Wrigley and Co Limited; Euro Canadian International Fund Limited v Alan Charles Wrigley; Bawt Limited; Atlantic Investments Limited and Jan Christian Gruner Sundt and David Jorris Beaumont Parties [1997] EWCA Civ 2456; [1997] EWCA Crim 2394 9 Oct 1997 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Moalim v Baker; Baker v London Borough of Waltham Forest [1997] EWCA Civ 2452 9 Oct 1997 CA Litigation Practice Preparation of bundles. [ Bailii ] Â Moore v Innterpreneur Estates (Gl) Ltd and Another Times, 10 October 1997 10 Oct 1997 CA Litigation Practice Person accused of misrepresentation is entitled to primary and specific finding by the judge on that allegation. Â Â Stein v Blake and others; CA 13-Oct-1997 - [1997] EWCA Civ 2474; [1998] 1 All ER 724; [1997] EWCA Civ 4002; [1998] 1 BCLC 573; [1998] BCC 316 Â Barratt Manchester Ltd v Bolton Metropolitan Borough Council and Attorney-General Times, 03 November 1997; [1997] EWCA Civ 2495 16 Oct 1997 CA Litigation Practice A question of dismissal of an action an enquiry into damages for non-prosecution of or delay in prosecution is not dependant upon proof of prejudice; normal standards applied. [ Bailii ] Â Her Majesty's Attorney-General v Gwendolen Rhoda Rogers [1997] EWCA Civ 2530 20 Oct 1997 CA Litigation Practice Application for leave to appeal against vexatious litigant order. [ Bailii ] Â Regina v Wandsworth County Court ex parte Lotun [1997] EWHC Admin 906 21 Oct 1997 Admn Litigation Practice Leave to appeal refused. 1 Citers [ Bailii ] Â Michael Terence Dodd v David Graham Chief Constable of Cheshire Constabulary and Donald Elliot Chief Constable of Devon and Cornwall Constabulary [1997] EWCA Civ 2549 22 Oct 1997 CA Police, Torts - Other, Litigation Practice Misfeasance in public office. [ Bailii ] Â Vista Maritime Inc v Sesa Goa A/s Bulk Trading Group Ltd [1997] CLC 1600 24 Oct 1997 ComC Mance J Litigation Practice ComC Procedure - Waiver of privilege - References in witness statements and expert's reports to privileged material - Right to withdraw reliance on such references 1 Cites 1 Citers Â Adams v Associated Newspapers Limited and others, O'Keefe, Northumbrian Fine Foods Plc Third Parties [1997] EWCA Civ 2563 24 Oct 1997 CA Defamation, Litigation Practice Appeal against dismissal of contribution claim against third parties by defamation defendants. [ Bailii ] Â Royal Bank of Scotland v Craig Times, 24 October 1997 24 Oct 1997 CA Litigation Practice Where leading counsel is unavailable for trial through own mismanagement, party is free to ask for adjournment - not to be prejudiced. Â Jordan Grand Prix Limited v Baltic Insurance Group and others (By Original Action) and Baltic Insurance Group v; Quay Financial Software Limited; Dermot Desmond and Gerard Giblin (By Counterclaim) Gazette, 12 November 1997; Times, 14 November 1997; Gazette, 14 January 1998; [1997] EWCA Civ 2567; [1997] EWCA Civ 2568 24 Oct 1997 CA Jurisdiction, Insurance, Litigation Practice A counterclaim by insurers had to be limited to the original defendants. There is no jurisdiction to join additional third parties who were not within the jurisdiction. Brussels Convention 1968 Art 11 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Hodgkinson and Corby Ltd (T/a Raymar) and Roho Incorporated v Wards Mobility Services Ltd Hodgkinson and Corby Ltd (T/a Raymar) and Roho Incorporated v Wards Mobility Services Ltd [1997] EWCA Civ 2571; [1997] FSR 178 27 Oct 1997 CA Hobhouse, Pill, Mummery LJJ Litigation Practice 1 Cites [ Bailii ] Â Vandersteen (Executor of the Estate of Mcguinness, Dec'd) v Agius and Another Gazette, 29 October 1997; Times, 14 November 1997 29 Oct 1997 CA Costs, Litigation Practice An appeal from a district judge on a taxation was by way of re-hearing; A County Court Judge was not restricted to following the discretion as exercised on the first hearing. Rules of the Supreme Court Order 62 r 28(5) - County Court Rules 1981 Order 13 1(10) Â Peter John Batchelor v Mohammed Saheid [1997] EWCA Civ 2602 29 Oct 1997 CA Litigation Practice [ Bailii ] Â Star News Shops v Stafford Refrigeration Ltd and Upo (Uk) Ltd and others and Unite Hermetique Gazette, 12 November 1997; Times, 18 November 1997; [1997] EWCA Civ 2614 30 Oct 1997 CA Litigation Practice It was wrong to prevent a party putting forward an arguable defence for failure to comply with directions in the absence of a peremptory unless order. A failure to comply with an order should not be dealt with by striking out unless the order was expressed as an 'unless' order. Rules of the Supreme Court 24 16(1) [ Bailii ] Â Christopher John Starr v Jeffrey Robert Allison; Helen Phillipa Croxton; Kevin Jeremy Winstone and Robert E M Harris [1997] EWCA Civ 2603 30 Oct 1997 CA Litigation Practice Application for leave to appeal - relisted. [ Bailii ] Â Horsford v Bernard Jarvis [1997] UKPC 53 30 Oct 1997 PC Lord Nicholls of Birkenhead Lord Steyn Lord Hutton Lord Saville Mr. Justice Gault Litigation Practice, Commonwealth (Antigua and Barbuda) The plaintiff sought damages after his truck was damaged in a road traffic accident. He had been unable to afford to repair it. Held: The appeal was in effect an appeal on the facts. "No sufficient reasons have been advanced for them to be further reviewed by their Lordships on a second appeal." The appeal was dismissed. [ Bailii ] Â Her Majesty's Attorney General v Mark Field-Royston [1997] EWHC Admin 965 3 Nov 1997 Admn Lord Justice Kennedy, and Mrs Justice Smith Litigation Practice Application for Civil Proceedings Order. Supreme Court Act 1981 42 [ Bailii ] Â Â B M Samuels Group Limited and Nelsons Solicitors (a Firm) v McAllister; CA 4-Nov-1997 - [1997] EWCA Civ 2629 Â Fluoro Engineering Plastics (Linings) Limited (a Subsidiary Company of Holscot Industrial Linings Limited) v British Telecommunications Plc [1997] EWCA Civ 2669 7 Nov 1997 CA Litigation Practice [ Bailii ] Â Practice Direction (Court of Appeal: Skeleton Arguments and Case Management) Times, 07 November 1997 7 Nov 1997 CA Litigation Practice Steps taken by intervention of judges to ensure proper management of appeals and lodging of skeleton arguments. 1 Citers Â Chohan Clothing Company (Manchester) Ltd v Fox Brooks Marshall (a Firm) Times, 09 December 1997; [1997] EWCA Civ 2684 10 Nov 1997 CA Litigation Practice A failure of personal service on the partners of a solicitors' firm would not be allowed to invalidate the entire litigation process. Rules of the Supreme Court Order 81 R 3(3) [ Bailii ] Â Â The Canada Trust Co and Others v Stolzenberg and Others; ChD 10-Nov-1997 - Times, 10 November 1997 Â Â Girvan v Inverness Farmers Dairy and Another; HL 13-Nov-1997 - Times, 15 December 1997; [1997] UKHL 47; 1998 SC (HL) 1; 1998 SLT 21; 1998 SCLR 72 Â Wilkes, Wilkes, and Wilkes v Cartwright [1997] EWCA Civ 2722 14 Nov 1997 CA Litigation Practice Application for leave to appeal against refusal to set aside earlier order - interim ordere therefore discretionary, and leave required. Refused. [ Bailii ] Â Finnegan v Parkside Health Authority Times, 16 December 1997; Gazette, 10 December 1997; [1997] EWCA Civ 2774 20 Nov 1997 CA Litigation Practice In applications for an extension of time the court has a very wide discretion; appeal allowed though no explanation for delay given. Rules of the Supreme Court Order 3 r 5 1 Cites [ Bailii ] Â Moore v Ashworth and Another [1997] EWCA Civ 2796 21 Nov 1997 CA Personal Injury, Litigation Practice Renewed application for leave to appeal out of time against dismissal of claim for want of prosecution. [ Bailii ] Â Trevor Barry Oakley v Jack Leonard Rawlinson and Harvey and Brockless Limited [1997] EWCA Civ 2847 27 Nov 1997 CA Personal Injury, Litigation Practice [ Bailii ] Â Kuwait Airways Corporation v Iraqi Airways Company (No. 2) Unreported, 27 November 1997 27 Nov 1997 ComC Mance J Litigation Practice First defendant’s solicitors had not received sufficient funds to cover the costs of trial and had previously obtained the leave of the judge to come off the record. They now applied to resume the trial. The judge ordered that the trial be resumed before him as soon as possible with the first defendants paying the costs thrown away and providing security for costs in the sum of £50,000. 1 Cites 1 Citers Â Conways Independent Chartered Surveyor v P W Brown (Trading As Brown and Company Business Consultants) [1997] EWCA Civ 2835 27 Nov 1997 CA Litigation Practice Appeal against automatic strike out. [ Bailii ] Â Â Downie and Others v Coe and Others (a Firm); CA 28-Nov-1997 - Times, 28 November 1997; [1997] EWCA Civ 2648 Â Bibby Commercial Finance Limited v Fresco (UK) Limited and Martin P Ridsdale [1997] EWCA Civ 2868 1 Dec 1997 CA Litigation Practice [ Bailii ] Â Her Majesty's Attorney General v Ibrahim Khan Raja and Daisystar Limited [1997] EWHC Admin 1062 1 Dec 1997 Admn Litigation Practice Application for civil proceedings order. Supreme Court Act 1981 41 [ Bailii ] Â Ntiamoah Kumar and Ntiamoah Kumar v Osbournes (a Firm) [1997] EWCA Civ 2877 2 Dec 1997 CA Professional Negligence, Litigation Practice [ Bailii ] Â J A Chapman and Company Ltd v Kadirga Denizcilik Ve Ticaret a S and others [1997] EWCA Civ 2889 3 Dec 1997 CA Litigation Practice Security for costs on appeal. 1 Cites 1 Citers [ Bailii ] Â Vista Maritime Inc v Sesa Goa Unreported, 3 December 1997 3 Dec 1997 ComC Colman J Litigation Practice Meeting of Expert witnesses: Duties of experts to reconsider their initial views and minimise matters in issue. Duty to briefly explain key reasons for disagreement with opposing expert's view. Expert witnesses being remunerated by contingent fees - requirement of disclosure to the court. 1 Cites 1 Citers Â Tracey Harkin v Keith Hellawell (Sued As the Chief Constable of West Yorks Police) [1997] EWCA Civ 2915 4 Dec 1997 CA Personal Injury, Litigation Practice, Animals The claimant had been bitten by a police dog and wished to claim damages. She appealed refusal of an order for records of the dog to be disclosed. Held: The request was phrased impossibly widely and had been properly refused. Animals Act 1971 2 [ Bailii ] Â Ion Curtis Roach v Sotheby and Co [1997] EWCA Civ 2903 4 Dec 1997 CA Litigation Practice Leave to appeal against Order 14 relief refused. [ Bailii ] Â Rowland; Jeremy Edward James; David Leslie Hudd; Derek Joseph Moran v Gulfpac Limited And; Inoco Limited; David John Rowland; Jeremy Edward James; David Leslie Hudd; Derek Joseph Moran; Downshire Nv v; Gulf USA Corporation (Formerly Gulf Re [1997] EWCA Civ 2898 4 Dec 1997 CA Litigation Practice [ Bailii ] Â R Bamber v Brown and Co and Barclays Bank Plc [1997] EWCA Civ 2910 4 Dec 1997 CA Litigation Practice Leave to appeal out of time refused. [ Bailii ] Â Kuwait Airways Corporation v Iraqi Airways Company (Body Corporate) Republic of Iraq [1997] EWCA Civ 2905 4 Dec 1997 CA Litigation Practice Leave to appeal against interim procedural order. 1 Cites 1 Citers [ Bailii ] Â The Secretary of State For Defence And Ministry Of Defence v Linda Elizabeth Percy [1997] EWCA Civ 2926 8 Dec 1997 CA Litigation Practice Application for leave to appeal out of time against injunction prohibiting applicant going on Ministry of Defence land save via public right of way. [ Bailii ] Â Rees v Chief Constable of Hampshire Commissioner of Police for Metropolis [1997] EWCA Civ 2933 8 Dec 1997 CA Litigation Practice Appeal against strike out an action for want of prosecution. [ Bailii ] Â Jonathan Guy Anthony Phillips and Paul Anthony Brereton Evans v Lehman Brothers [1997] EWCA Civ 2937 9 Dec 1997 CA Litigation Practice 1 Cites [ Bailii ] Â Â Signet Group Plc v Hammerson UK Properties Plc; CA 9-Dec-1997 - Gazette, 21 January 1998; Times, 15 December 1997; [1997] EWCA Civ 2939 Â Â Ostrich Farming Corportation Limited v Ketchell; CA 10-Dec-1997 - [1997] EWCA Civ 2953 Â Khan v H Omar and Co ; Kehan; Singh Notay and Sigh Notay [1997] EWCA Civ 2952 10 Dec 1997 CA Litigation Practice [ Bailii ] Â Da Silva and Entwistle v Chief Constable of Greater Manchester Police [1997] EWCA Civ 2957 11 Dec 1997 CA Litigation Practice The plaintiff had commenced an action for assault against the police, but had then let it sleep. The defendant's application for it to be struck out failed. When the plaintiff applied to set it down, the defendant realising his error sought again a strike out. Held: The further delay after the first hearing was not to be excused because of difficulties arising on the first period of delay. The action was struck out. 1 Cites [ Bailii ] Â Regina v Central London County Court ex parte Omo-Etiobio [1997] EWHC Admin 1116 11 Dec 1997 Admn Litigation Practice The applicant sought judicial review saying that the judge in his case had obliged him to withdraw. [ Bailii ] Â Reeves v J W Haygarth Limited (T/a Northern Cable Installations [1997] EWCA Civ 2980 12 Dec 1997 CA Litigation Practice Leave to amend. [ Bailii ] Â Janice Smith (on Behalf of the Estate of Graham Corcoran Deceased) v Janet Berry [1997] EWCA Civ 2979 12 Dec 1997 CA Personal Injury, Litigation Practice Extension of time to serve writ. 1 Cites 1 Citers [ Bailii ] Â Kevin Bernard Kearney v Martin Mathew Patrick Dundon [1997] EWCA Civ 2988 15 Dec 1997 CA Litigation Practice [ Bailii ] Â Â Ward v Chief Constable of West Midlands Police; CA 15-Dec-1997 - Times, 15 December 1997; [1997] EWCA Civ 2972 Â Harrods Limited v Cordelia Banks [1997] EWCA Civ 2985 15 Dec 1997 CA Litigation Practice Application for leave to appeal out of time - possibility of miscarriage of justice - granted. [ Bailii ] Â Edith Alice Billington (By Jack Johnson Billington Her Next Friend) Thomas Joseph Billington Edith Annie Warburton v Joan Blackshaw [1997] EWCA Civ 3004 16 Dec 1997 CA Litigation Practice The defendant sought leave to add the legal professionals acting for the estate of the deceased as defendants so that she could allege conspiracy. Held: This was the twelfth or so time the court had been asked to consider this or a similar request. Each time it had been rejected as an abuse. Leave to appeal refused. [ Bailii ] Â First American Corporation and Others v Al-Nahyan and Others [1997] EWHC QB 320 16 Dec 1997 QBD Popplewell J Litigation Practice, International Decision on three letters of request [ Bailii ] Â Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton Times, 29 December 1997; [1998] 1 WLR 1426; [1997] EWCA Civ 2999; [1998] 2 All ER 181 16 Dec 1997 CA Lord Woolf MR Litigation Practice The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which he has not so far relied for recovering the money or property the subject matter of the existing action and the cause of action is subject to a longer limitation period which has not expired, and (iii) if the original action is struck out, the probabilities are that fresh proceedings will be commenced which will rely upon the cause of action which is not statute barred. Held: The importance of abiding by time limits under the new case management regime was re-enforced again by the court. Lord Woolf MR said: "The question whether a fresh action can be commenced will then be a matter for the discretion of the court when considering any application to strike out that action, and any excuse given for the misconduct of the previous action: see Janov v Morris [1981] 1 WLR 1389. The position is the same as it is under the first limb of Birkett v James. In exercising its discretion as to whether to strike out the second action, that court should start with the assumption that if a party has had one action struck out for abuse of process some special reason has to be identified to justify a second action being allowed to proceed." He also discussed the abuse of process, saying: "Whereas hitherto it may have been arguable that for a party on its own initiative to in effect 'warehouse' proceedings until it is convenient to pursue them does not constitute an abuse of process, when hereafter this happens this will no longer be the practice. It leads to stale proceedings which bring the litigation process into disrespect. As case flow management is introduced, it will involve the courts becoming involved in order to find out why the action is not being progressed. If the Claimant has for the time being no intention to pursue the action this will be a wasted effort. Finding out the reasons for the lack of activity in proceedings will unnecessarily take up the time of the court. If, subject to any directions of the court, proceedings are not intended to be pursued in accordance with the rules they should not be brought. If they are brought and they are not to be advanced, consideration should be given to their discontinuance or authority of the court obtained for their being adjourned generally. The courts exist to assist parties to resolve disputes and they should not be used by litigants for other purposes." 1 Citers [ Bailii ] Â Regina v Commissioners of Inland Revenue ex parte Michael Bishopp (for and on Behalf of Partners In Price Waterhouse (a Firm)) [1997] EWHC Admin 1156; [1999] STC 531 18 Dec 1997 Admn Taxes Management, Litigation Practice 1 Citers [ Bailii ] Â Barnard v Restormel Borough Council [1997] EWCA Civ 3036 18 Dec 1997 CA Litigation Practice Application to set aside leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Ansari and Another v Barclays Bank Plc [1997] EWCA Civ 3055 19 Dec 1997 CA Lord Justice Simon Brown, Mrs Justice Hale Litigation Practice The appellant sought leave to appeal an order striking out their claim against the bank. There had been considerable litigation. They had executed charges supporting personal guarantees, in support of loan agreements in favour of the company of which they were directors. The bank had called in the loan and sought to enforce the charge. Held: Parts of the action were res judicata from the earlier proceedings. The balance was subject to issue estoppel. Leave was refused. 1 Cites [ Bailii ] Â Â Soinco Saci and Another v Novokuznetsk Aluminium Plant and Others; CA 29-Dec-1997 - Times, 29 December 1997 Â
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