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		Litigation Practice - From: 1998 To: 1998 This page lists 245 cases, and was prepared on 02 April 2018. Â Regina v Westminster City Council, Ex parte P (1998) 31 HLR 154 1998 Sir Christopher Staughton Litigation Practice Sir Christopher Staughton warned that "when both sides agreed that information should be kept from the public, that was when the court had to be most vigilant." 1 Citers Â Zakay v Zakay [1998] 3 FCR 35 1998 Schofield CJ Commonwealth, Family, Litigation Practice In financial proceedings in England following divorce the wife alleged – and the husband denied – that he was the beneficial owner of shares held by a Gibraltarian trust company. The English court had ordered the issue of a letter of request to the Gibraltarian court that an officer of the trust company be required both to give oral evidence identifying the beneficial owner of the shares and to produce all documents in relation to such ownership. The officer sought to set aside an order in Gibraltar which had in both respects given effect to the request. The chief justice had to apply provisions of Gibraltar's Evidence Ordinance Held: He refused to set aside the order: "… the documents requested for production in this case are narrowly confined to the single issue they are aimed to support. The documents are more than likely in the possession of the applicant and are readily identifiable. Of course, it is impossible for the petitioner to know the specific identity of individual documents. But the applicant is being asked a specific question and is being asked to produce the documents to prove his answers. That is not a fishing expedition in the sense of casting a line in the hope that something will be caught: the fish has been identified and the court is endeavouring to spear it." 1 Citers Â Irving v Hiddleston 1998 SCLR 350 1998 OHCS Lord Macfadyen Scotland, Litigation Practice Courts are moving more and more to requiring parties to settle all issues in one action. 1 Citers Â William James Balment v John Jones (Excavation) Limited [1998] EWCA Civ 16 13 Jan 1998 CA Litigation Practice Application for leave to appeal. [ Bailii ] Â Girdharimal Choraria v Nirmal Kumar Sethia Times, 29 January 1998; Gazette, 18 February 1998; [1998] EWCA Civ 24 15 Jan 1998 CA Nourse LJ Litigation Practice Inordinate and inexcusable delay flouting court rules could itself constitute abuse of process irrespective of the absence of prejudice. A 'complete, total or wholesale disregard, put it how you will, of the Rules of Court ... is capable of amounting to ... an abuse' 1 Citers [ Bailii ] Â David Matthias Miles v Ian Michael Mcgregor; Auld and Robert-Walker Gazette, 26 February 1998; [1998] EWCA Civ 58 23 Jan 1998 CA Auld LJ Litigation Practice Increase in findings of inordinate delay accompanied increased reluctance to strike out in absence of established prejudice to other party: 'The abuse of process route is for cases ... when the conduct amounts to an affront to the court and its Rules' 1 Citers [ Bailii ] Â Â Smith, Smith, Smith (a Minor Suing By her Next Friend Mrs Baker) v Chief Constable of Kent; CA 26-Jan-1998 - [1998] EWCA Civ 63 Â Thacker v Street [1998] EWCA Civ 85 27 Jan 1998 CA Litigation Practice Application for leave to appeal - dismissed (brief judgment). [ Bailii ] Â Sukhdev Singh Dosanjh v Kishwar Shah [1998] EWCA Civ 108 29 Jan 1998 CA Landlord and Tenant, Litigation Practice [ Bailii ] Â Christine Figgett v David Charles Edwin Davis Gazette, 26 February 1998; Times, 11 February 1998; [1998] EWCA Civ 113 30 Jan 1998 CA Litigation Practice An order striking out a defence and requiring fully argued directions to be filed left the action without directions; no automatic directions could apply. County Court Rules 1981 Order 17 Rule 11 [ Bailii ] Â Kenneth George Usher v London Country Bus (South West) [1998] EWCA Civ 118 30 Jan 1998 CA Litigation Practice Renewed application by the Plaintiff Usher for leave to appeal out of time. [ Bailii ] Â Secretary of State for Trade and Industry v Hinchcliffe and Another Times, 02 February 1998 2 Feb 1998 ChD Litigation Practice However imminent and certain is an expected change in the law improving a party's position a stay for the purpose is not allowed. Â Regina v Eastbourne County Court ex parte Anthony Vernon Hallewell [1998] EWHC Admin 124 2 Feb 1998 Admn Charles J Litigation Practice [ Bailii ] Â Â Regina v Cheshire County Council ex parte Slater; Admn 2-Feb-1998 - [1998] EWHC Admin 123 Â Alan Derek Wright v Terence Alfred Steele [1998] EWCA Civ 122 2 Feb 1998 CA Animals, Personal Injury, Litigation Practice [ Bailii ] Â Orsank SA v Spencer Associates (a Firm) Times, 19 February 1998; Gazette, 18 February 1998; [1998] EWCA Civ 128 2 Feb 1998 CA Litigation Practice A successful application for security of costs did not preclude an application for a strike out after a failure to serve papers within the time limits. [ Bailii ] Â Sheila Gilham (Executrix of the Estate of Kenneth Gilham) v William Browning and Maureen Browning [1998] EWCA Civ 139; [1998] 1 WLR 682; [1998] 2 All ER 68 3 Feb 1998 CA Litigation Practice [ Bailii ] Â Â Gorman v British Airways Plc; CA 4-Feb-1998 - [1998] EWCA Civ 146 Â Hird v Milner (T/a Versatile Ceramics) [1998] EWCA Civ 159 5 Feb 1998 CA Litigation Practice [ Bailii ] Â Sheena Walker v London Economics Limited [1998] EWCA Civ 167 5 Feb 1998 CA Personal Injury, Litigation Practice [ Bailii ] Â Â Abbey National Plc v Frost (Stephen Leonard), Solicitors Indemnity Fund Ltd Intervening; ChD 5-Feb-1998 - Times, 05 February 1998 Â Owners of the Ship Kumanova and Another v Owners of the Ship Massira Times, 05 February 1998; (1998) 2 Lloyd's Rep 301 5 Feb 1998 Admn Clarke J Transport, Litigation Practice Conventional addition of one per cent to ship owners losses to allow for business disruption was not to be extended to cargo owners losses. Â Faircharm Investments Ltd v Citibank International Plc [1998] EWCA Civ 171 6 Feb 1998 CA Henry, Aldous LJJ,Sir Christopher Staughton Land, Litigation Practice An irregular judgment had been entered. A claim was made after the proceeds of a life policy secured under a mortgage had been wrongly paid out after the mortgage was redeemed by a third party. Held: The appeal was dismissed. The so-called default judgment should stand as a judgment for damages in the amount of the insurance proceeds, on the ground that Citibank destroyed - and therefore could not make available to Faircharm - their right to the surrender proceeds of the policy. It was too late for Faircharm to claim that they could have obtained a larger sum by sale of the policy. 1 Cites [ Bailii ] Â Grupo Torras SA and Another v Al-Sabah and others Lst [1998] EWCA Civ 172 6 Feb 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Kapur v J W Francis and Co and Hinkson Times, 04 March 1998; [1998] EWCA Civ 187 9 Feb 1998 CA Litigation Practice When a judge ordered separate trials for liability and as to quantum, it was wrong to order discovery on elements which might not come to trial. 1 Citers [ Bailii ] Â Sellars and Sellars v Whitehead [1998] EWCA Civ 194 10 Feb 1998 CA Litigation Practice Application for leave to appeal against dismissal of claim for want of prosecution. [ Bailii ] Â Â Limb v Union Jack Removals Limited (In Liquidation) and Honess; CA 10-Feb-1998 - [1998] 2 All ER 513; [1998] EWCA Civ 200; [1998] 1 WLR 1354; [1999] PIQR P16 Â Powells (a Firm) v Harold Williamson [1998] EWCA Civ 201 10 Feb 1998 CA Legal Professions, Litigation Practice [ Bailii ] Â Robert Lownes v Babcock Power Limited Times, 19 February 1998; Gazette, 08 April 1998; [1998] EWCA Civ 211; [1998] TLR 84 11 Feb 1998 CA Legal Professions, Personal Injury, Litigation Practice Where a substantial delay by a solicitor leads to an unless order and puts his client at risk of having case his dismissed, the solicitor should ensure that independent advice is given. An 'unless order' is preliminary to a striking out order. 1 Citers [ Bailii ] Â Thompson v Donovan Developments Limited Wimpey Developments Limited [1998] EWCA Civ 223 12 Feb 1998 CA Litigation Practice [ Bailii ] Â Â Hammond v West Lancashire Health Authority; CA 13-Feb-1998 - Gazette, 08 April 1998; Times, 05 March 1998; [1998] EWCA Civ 238 Â Goose v Wilson Sandford and Co and Mainon Times, 19 February 1998; Gazette, 25 March 1998; [1998] EWCA Civ 245 13 Feb 1998 CA Peter Gibson, Brooke, Mummery LJJ Litigation Practice A judge was properly criticised for failing to write up a judgment when the witness' evidence was still fresh in his mind. A two year delay required a re-trial. Peter Gibson LJ explained the potential effect of delay on the formulation and finalisation of findings of fact in these terms: "Because of the delay in giving judgment, it has been incumbent upon us to look with especial care at any finding of fact which is now challenged. In ordinary circumstances where there is a conflict of evidence a judge who has seen and heard the witnesses has an advantage, denied to an appellate court, which is likely to prove decisive on an appeal, unless it can be shown that he failed to use, or misused this advantage. We do not lose sight of the fact that the judge had transcripts of the evidence, as well as very extensive written submissions from Counsel. But the very fact of the huge delay in itself weakened the judge's advantage, and this consideration had to be taken into account when we reviewed the material which was before the judge. In a case as complex as this, it is not uncommon for a judge to form an initial impression of the likely result at the end of the evidence, but when he has come to study the evidence (both oral and written) and the submissions he has received, with greater care, he will then go back to consider the effect the witnesses made on him when they gave evidence about the matters that are now troubling him. At a distance of 20 months, Harman J denied himself the opportunity of making this further check in any meaningful way." 1 Cites 1 Citers [ Bailii ] Â John Douglas Arthur Platts v Trustees Savings Bank Plc Times, 04 March 1998; Gazette, 25 March 1998; [1998] EWCA Civ 241 13 Feb 1998 CA Lord Justice Peter Gibson, Lord Justice Otton, Sir John Balcombe Litigation Practice, Insolvency A counterclaim for negligent sale was a valid claim allowing potential against repossessing bank but would not make bank's claim unliquidated. The Judge could properly hold that there was a liquidated and unsecured debt the subject of the statutory demand owed to the Bank for a sum greatly in excess of the statutory minimum which was not disputed on substantial grounds, being the petition debt less the net value of the cross claim put at its highest after equitable set-off of the Bank's debt not the subject of the statutory demand. That sum was payable at the date of the petition and had not been paid or secured or compounded for, and the Judge was entitled to make a bankruptcy order on it. Insolvency Act l986 264(l)(a) 267(2) 1 Cites [ Bailii ] Â Limb v Union Jack Removals Let and Another; Mcgivern v Brown; Partington v Turners Bakery; Pyne Edwards v Moore Large and Co Ltd Times, 17 February 1998; Gazette, 11 March 1998 17 Feb 1998 CA Litigation Practice An admission of fault, without acceptance of liability, was not enough to be an admission which could set the 12 month strike out clock running. County Court Rules 1981 Order 9 Rule 10(I) Â H B Property Developments Ltd v Secretary of State for Environment [1998] EWCA Civ 260; (1998) 78 P & CR 108 17 Feb 1998 CA Aldous LJ Litigation Practice Aldouse LJ discussed te doctrine of election: "The doctrine of election is one where a party is held to an informed decision. It is not to be confused with estoppel or acquiescence where the court looks at the actions of both parties and ascertains whether it would be unconscionable for one party to take an action . . . It is a practical doctrine which requires a person who takes a course of action with full knowledge of his right to stand by his decision. He cannot blow hot and cold. " 1 Citers [ Bailii ] Â Sundt Wrigley and Co Limited v Wrigley and others [1998] EWCA Civ 302 19 Feb 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Sundt Wrigley and Co Limited v Wrigley and others [1998] EWCA Civ 301 19 Feb 1998 CA Litigation Practice 1 Cites [ Bailii ] Â Parsons, Parsons v Provincial Insurance Plc [1998] EWCA Civ 311 20 Feb 1998 CA Insurance, Litigation Practice The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value insured, the insured had misrepresented the situation. The court considered whether a jury trial was required. Supreme Court Act 1981 69(1) 1 Cites [ Bailii ] Â Frank Sorhaindo v Clement Okposuogo [1998] EWCA Civ 320 23 Feb 1998 CA Litigation Practice Application for stay of execution, and extension of time for leave to appeal [ Bailii ] Â Cotran v University of Buckingham [1998] EWCA Civ 335 24 Feb 1998 CA Litigation Practice Application for leave to appeal and an extension of time [ Bailii ] Â Gupta v Shreeve [1998] EWCA Civ 350 25 Feb 1998 CA Housing, Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Walter James Boyle v Prontaprint Plc [1998] EWCA Civ 364 26 Feb 1998 CA Litigation Practice Appeal against order striking claim out for want of prosecution. [ Bailii ] Â Gilham v Browning and Another Times, 26 February 1998 26 Feb 1998 CA Litigation Practice The Court had been right to disallow a discontinuance where abuse of process. The common law right to non-suit has disappeared. County Court Rules 1981 Order 18 Â Â Kincardine Fisheries Limited v Sunderland and Marine Mutual Insurance Company Limited and Frizzell UK Limited and; CA 27-Feb-1998 - [1998] EWCA Civ 369 Â P K T Brophy and Another v Dunphys Chartered Surveyors Times, 11 March 1998; [1998] EWCA Civ 372 2 Mar 1998 CA Litigation Practice Before striking out pleadings as showing no proper cause of action, the court should allow a suggested amendment, which presented a better and an arguable case. 1 Cites [ Bailii ] Â JFS (UK) Limited, Tilghman Wheelabrator Limited v Dwr Cymru Cyf [1998] EWHC Technology 336 3 Mar 1998 TCC Litigation Practice This was an application by the defendant to amend its defence and to add a counterclaim. In considering the application, it had to be decided whether the defendant had already served a counterclaim since, if it had not, it was entitled to add the counterclaim. A further consideration was whether the new claims where statute-barred, which involved considering when the period of limitation starts to run for claims based on misrepresentation, recission and for a claim based on a total failure of consideration. The application was allowed with the usual order as to costs so far as the amendment was concerned. The plaintiff was ordered to pay the defendants costs of the hearing, to be taxed if not agreed. The plaintiff was refused leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Peter John Batchelor v Mohammed Saheid [1998] EWCA Civ 404 5 Mar 1998 CA Nourse LJ, Potter LJ Litigation Practice Adjournment refused after defendant had failed after earlier adjournment to provide transcript of earlier trial. [ Bailii ] Â HM Attorney-General v Williamson [1998] EWCA Civ 410 6 Mar 1998 CA Litigation Practice, Ecclesiastical [ Bailii ] Â Â Caltex Trading Pte Limited v Metro Trading International and others and Glencore International and others; CA 6-Mar-1998 - [1998] EWCA Civ 408 Â Dowles Manor Properties Limited v Bank of Namibia and Tom Kalweendo [1998] EWCA Civ 422 9 Mar 1998 CA Lord Justice Evans, Lord Justice Thorpe Litigation Practice The plaintiff sought leave to appeal against an order striking out its claim, having failed to comply with unless orders as to the filing of details of its case. The company's officers were not resident in England. Their solicitors had withdrawn from the action. The defendants issued an application to strike out the claim, and gave a copy to the plaintiff's former solicitors. The claimant now said they had been ignorant of the application. Held: However it arose, there was now a case to be tried, and the delay fell to the bottom end of the Hytec scale. Leave to appeal was given. 1 Cites [ Bailii ] Â Â Connex South Central Limited v Boddington; CA 9-Mar-1998 - [1998] EWCA Civ 421 Â Saab and Another v Saudi American Bank Times, 11 March 1998 11 Mar 1998 QBD Litigation Practice Service allowed on British branch office of foreign company where dispute arose from activities of both British and foreign branches. Companies Act 1985 690A Â Asi Glass Processing Limited v G Davies [1998] EWCA Civ 439 12 Mar 1998 CA Litigation Practice Application for leave to appeal granted. [ Bailii ] Â Mabel Maddox (Widow of Steven Maddox and Administratrix of her Estate) v Keith Pierce [1998] EWCA Civ 484 18 Mar 1998 CA Personal Injury, Litigation Practice Whether to admit expert evidence though disclosed late. [ Bailii ] Â Â Abbey National Plc v Frost (Stephen Leonard) Solicitors Indemnity Fund Intervening; CA 19-Mar-1998 - Times, 19 March 1998 Â Seifert Sedley Williams v Beatrice Mary Dias Trevor De Samayo [1998] EWCA Civ 506 19 Mar 1998 CA Litigation Practice Application for leave to appeal out of time - refused. [ Bailii ] Â Fluoro Engineering Plastics (Linings) Limited v British Telecommunications Plc [1998] EWCA Civ 494 19 Mar 1998 CA Litigation Practice Appeal against refusal to allow substitution of plaintiff after finding in favour of first claimant. [ Bailii ] Â Regina v Royal Mail ex parte Ronald Richards [1998] EWHC Admin 350 23 Mar 1998 Admn Litigation Practice [ Bailii ] Â Huyton S A v Jakil S P A [1998] EWCA Civ 525 24 Mar 1998 CA Litigation Practice Action struck out - application for leave to appeal out of time. [ Bailii ] Â Practice Direction (Commercial Court and Admiralty Court: Setting Down and Skeleton Arguments) Times, 24 March 1998 24 Mar 1998 QBD Litigation Practice Matters in these courts now to be set down within one month not three and by lodging one not two bundles of arguments. Â Â Lloyds Bank Plc v Croad; Crutcher; Miller; Miller and Ramstate Limited; CA 25-Mar-1998 - [1998] EWCA Civ 536 Â Clarke v Nationwide Building Society Gazette, 25 March 1998; [1998] EWCA Civ 469 25 Mar 1998 CA Professional Negligence, Litigation Practice Professional negligence claim was not compromised by acceptance of sum in full and final settlement where the terms suggested were not offered. [ Bailii ] Â Â In Re W (Minors) (Social Worker: Disclosure); Re W (Disclosure to Police); CA 26-Mar-1998 - Times, 08 April 1998; [1998] 2 FLR 135; [1998] EWCA Civ 553; [1999] 1 WLR 205; [1998] 2 All ER 801; [1998] 2 FCR 405; [1998] Fam Law 387 Â Crawford v Sunderland Health Authority [1998] EWCA Civ 555 27 Mar 1998 CA Litigation Practice Appeal against order extending time to allow filing of medical report. [ Bailii ] Â Theaker And Another v Going Places Travel Limited CA Civ 573 31 Mar 1998 CA Litigation Practice The appellants had booked a holiday, relying upon the brochure produced by the respondents. On the date of the hearing, the plaintiffs arrived early. They claimed to have told the representative of the defendant that they would leave but return before the expected hearing time. They came back early, but the case had come on, and their case had been dismissed. The defendant gave a differing story. Held: The court had a discretion before ordering re-instatement to consider the merits of the claim. Here, the misrepresentation alleged was not sustainable, and in view also of the small amount, leave to re-instate the case was denied. Package Travel Package Holidays and Package Tours Regulations 1992 (1992 No 3288) 1 Cites [ Bailii ] Â Northumberland and Durham Property Trust Ltd v Chairman of London Rent Assessment Committee and Rent Assessment Committee Gazette, 08 April 1998; [1998] EWHC Admin 387 1 Apr 1998 Admn Litigation Practice, Housing A rent assessment committee had given no sufficient justification for a finding of scarcity and calculation of fifty per cent reduction in the letting value. The reduction was set aside. [ Bailii ] Â Stabilad Limited v Stephens and Carter Limited [1998] EWCA Civ 597; [1999] 1 WLR 1201 1 Apr 1998 CA Litigation Practice 1 Citers [ Bailii ] Â Ashok Patel and Partners (a Firm) v Ibrahim Khan Raja [1998] EWCA Civ 599 2 Apr 1998 CA Litigation Practice Appeal against order for security of costs on appeal. [ Bailii ] Â Bryan Percy Kenneth Sharpe v Fellows of Wolfson College Ch Walton [1998] EWCA Civ 600 2 Apr 1998 CA Litigation Practice [ Bailii ] Â Hoechst Celanse Corporation v Bp Chemicals Ltd Times, 02 April 1998 2 Apr 1998 ChD Intellectual Property, Litigation Practice Parties who were presenting complex scientific cases to the court, must endeavour to agree a scientific primer and keep cross examination brief. Â Federal Bank of Middle East Limited v Charles Hadkinson; Worldwide Corporation; Worldwide Countertrade Limited; Worldwide (Developments) Ltd etc [1998] EWCA Civ 604 2 Apr 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Francisco v Diedrick Times, 03 April 1998 3 Apr 1998 QBD Litigation Practice Once a prima facie case is shown, the silence of defendant in civil action where accused of causing death adds to evidence to strengthen case. Â Ashby v Neil and Times Newspapers Limited [1998] EWCA Civ 620 3 Apr 1998 CA Defamation, Litigation Practice Disclosure of documents. [ Bailii ] Â Lorraine Jean Clarke v Debenhams Plc [1998] EWCA Civ 624 3 Apr 1998 CA Litigation Practice, Personal Injury [ Bailii ] Â Midland Bank Plc v Adams and Gibbs [1998] EWCA Civ 626 3 Apr 1998 CA Litigation Practice Application to strike out claim for want of prosecution. [ Bailii ] Â Roger Freeguard Margo Freeguard v William Rogers Ingrid Rogers [1998] EWCA Civ 634 3 Apr 1998 CA Litigation Practice Application for notice of appeal be struck out - security for costs and leave to adduce further evidence 1 Cites 1 Citers [ Bailii ] Â HM Attorney General v Drozdowski [1998] EWHC Admin 408 6 Apr 1998 Admn Litigation Practice Supreme Court Act 1981 41 1 Citers [ Bailii ] Â Â J A Pye (Oxford) Limited v Kingswood Borough Council; CA 6-Apr-1998 - Gazette, 16 April 1998; [1998] EWCA Civ 643; [1998] 2 EGLR 159; [2000] RVR 40 Â Lady Elizabeth Anson (Trading As Party Planners) v Ivana Trump [1998] EWCA Civ 656; (1998) 3 All ER 331 7 Apr 1998 CA Litigation Practice The defendant had asked the claimant to organise a substantial party. The account was more than anticipated, and the defendant refused to pay the full amount claimed. She sought leave to appeal judgment in default. The defendant had filed a defence by fax out of time, but on the same day but only a few minutes before the claimant had entered judgment in default. Held: The older cases should no longer be applied. It was not apprpriate to say that service should be deemed to be the actual time of the fax plus a reasonable time. The rules made no such provision. The judge had erred in finding that there was no arguable defence. Leave given to defend for a limited amount. 1 Cites 1 Citers [ Bailii ] Â Â Den Norske Bank ASA v Dimitri Antonatos and Magda Antonatos (Also Known As Magda Garcia); CA 7-Apr-1998 - [1998] EWCA Civ 649; [1999] QB 271; [1998] 3 All ER 74; [1998] 3 WLR 711; [1998] Lloyd's Rep Bank 253 Â The Guiness Trust v Moses Oshuntoki and Beatrice Funmilayo Oshuntoki [1998] EWCA Civ 646 7 Apr 1998 CA Lord Justice Simon Brown, Lord Justice Ward Housing, Litigation Practice The appellants had been defendants to an application for possession of their flat. There had been several court hearings, and opportunities made for them to present their counterclaim as regards the state of the financial account, and in order to make a counterclaim themselves for damages. They had had quite sufficient time and opportunity to make their case, and had put no proper reason forward for their failure. The appeal was refused. [ Bailii ] Â Edge and others v Pensions Ombudsman [1998] EWCA Civ 705 24 Apr 1998 CA Litigation Practice Application for leave to appeal. 1 Cites [ Bailii ] Â Nicholas James Cliffe Melanie Jayne Carrol Cliffe v Timothy G Forrester Times, 10 September 1998; [1998] EWCA Civ 716; [1998] EWCA Civ 1107 24 Apr 1998 CA Litigation Practice, Jury Applications to set aside grant of leave to appeal contributed significantly to the congestion of the higher courts and should go ahead only exceptionally, for example where some relevant fact had not been disclosed. They amount to attempts to re-litigate [ Bailii ] - [ Bailii ] Â Â Burns v Shuttlehurst Limited and McGroarty General Accident Fire and Life Assurance Corporation Plc; CA 24-Apr-1998 - Times, 12 January 1999; Gazette, 10 February 1999; [1998] EWCA Civ 719 Â Â London Street Tramways v London County Council; HL 25-Apr-1998 - [1898] AC 375; [1898] UKHL 1 Â Peter Barnes (T/a Castle Estates) v Uttlesford District Council and others [1998] EWCA Civ 726 27 Apr 1998 CA Litigation Practice 1 Citers [ Bailii ] Â Philip Andrew Green, Jennifer Ann Green v Dorothy Esther Wheatley (deceased), Alan Frederick Wheatley CA Civ 730 28 Apr 1998 CA Swinton Thomas LJ, Potter Lj Litigation Practice, Land, Limitation The applicant sought leave out of time to appeal against a finding by the judge that neither of the two parties claiming title could establish any title. The applicant was acting in person, had had real and explained difficulties in finding documents, and the judge's decision clearly anticipated some further order. Nevertheless, such disputes regularly drive the parties to bankruptcy, and they should be encouraged to find a settlement. 1 Citers [ Bailii ] Â Leeds Health Authority, General Utilities Plc v Phoenix Imaging Systems Limited, General Utilities Plc, Fischer Imaging Corporation Unreported, 28 April 1998 28 Apr 1998 TCC Litigation Practice CS This was a preliminary issue concerned with whether a valid and enforceable guarantee had been entered into. The judgment is concerned with the correct test for determing what surrounding circumstances are admissible when construing a deed, the operation of the parole evidence rule and what constitutes linked transactions for the purpose of determining whether an agreement was supported by consideration. Â Â Clive Brooks and Co Ltd v Baynard and Others; CA 30-Apr-1998 - Times, 30 April 1998 Â Duncan Simon Nicholas Reeves v Pegasus Group of Companies [1998] EWCA Civ 739 30 Apr 1998 CA Personal Injury, Litigation Practice [ Bailii ] Â Lubrizol Corporation and Anr and Esso Petroleum Co Ltd and others [1998] EWCA Civ 743 30 Apr 1998 CA Litigation Practice [ Bailii ] Â Â Kemper Reinsurance Company v The Minister of Finance and others; PC 5-May-1998 - Times, 18 May 1998; [2000] 1 AC 1; [1998] UKPC 22 Â Maryland Estates Ltd v Joseph and Another Times, 06 May 1998; Gazette, 29 April 1998; Gazette, 28 May 1998; [1998] EWCA Civ 693; [1999] 1 WLR 83; [1998] 3 All ER 193 6 May 1998 CA Beldam LJ, Bracewell LJ Landlord and Tenant, Litigation Practice A claim for rent arrears in County Court, was also to be read to include a claim for arrears (mesne profits) arising after the issue of the summons for possession and rent. The landlord will be entitled if relief from forfeiture is granted to all his arrears of rent and the rent until the date of the hearing. County Courts Act 1984 138(3) [ Bailii ] Â Royal Bank of Scotland Plc v Freddy Jacob Ezekiel [1998] EWCA Civ 795 7 May 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Preston v Fisons Pharmaceuticals Limited [1998] EWCA Civ 781 7 May 1998 CA Litigation Practice [ Bailii ] Â Axa Equity and Life Assurance Plc Society Plc and others v National Westminster Bank Plc and others [1998] EWCA Civ 782; [1998] CLC 1177 7 May 1998 CA Morritt LJ Litigation Practice Discovery of documents from third parties. Morritt LJ said that an order might be made where the party holding the documents could be said to have involvement in terms of "causing or facilitating" the wrong. 1 Cites 1 Citers [ Bailii ] Â Anson v Tramp Times, 08 May 1998 8 May 1998 CA Litigation Practice Defence served by fax was deemed to have been served when it was received on the recipient's fax machine, not when it was printed out later. Service had been effected before judgment was entered in default. Rules of the Supreme Court Order19 R 2 Â First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan and others; Clark M Clifford Et Al and Counterclaim v First American Corporation and Others and Counterclaim [1998] EWCA Civ 817 12 May 1998 CA Litigation Practice 1 Citers [ Bailii ] Â Kay Banks v Shrigley Park Hall Limited [1998] EWCA Civ 823 12 May 1998 CA Litigation Practice Leave to appeal out of time was granted. Difficulties with agreeing transcript of County Court judgment. Duty of legal representatives to keep detailed note of judgment. [ Bailii ] Â First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan Et Al Clark M Clifford Et Al and Counterclaim v First American Corporation Et Al and Counterclaim [1999] 1 WLR 1154; [1998] EWCA Civ 818 12 May 1998 CA Sir Richard Scott V-C Litigation Practice Letters of Request had been received for the production of document to be used in litigation in the US. It was complained that they were drafted so widely as to amount to a fishing expedition. Held: "an English court must look at the issue of the relevance of the requested testimony, if it is raised, in broad terms, leaving to the foreign court, in all but the clearest cases, the decision as to whether particular answers, or answers on particular topics, would constitute relevant admissible evidence." and "In relation to oral testimony . . an objection of “fishing” has [no] substance except in a case in which the conclusion can be reached, whether from the terms of the request or from other sources, that the intention underlying the request is not one of obtaining evidence for use at trial. " The request was refused. Evidence (Proceedings in Other Jurisdictions) Act 1975 - Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1 Cites 1 Citers [ Bailii ] Â Grupo Torras SA and Another v Al-Sabah and others Grupo Torras SA and Another v Al-Sabah Et Al and others [1998] EWCA Civ 828; [1998] EWCA Civ 827 13 May 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Â Canada Trust Co and Others v Stolzenberg and Others (No 4); CA 14-May-1998 - Times, 14 May 1998; [1998] EWCA Civ 774 Â Divine-Bortey v London Borough of Brent [1998] EWCA Civ 830; [1998] EWCA Civ 831; [1998] EWCA Civ 832 14 May 1998 CA Simin Brown LJ, Swinton Thomas LJ, Potter LJ Employment, Litigation Practice The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in Henderson. Held: The Council's appeal succeeded. The rule in Henderson should have been applied. The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 9(1) 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Visx Incorporated v Nidex Co Birmingham Optical Group Limited Optimax Laser Eye Clinics (a Firm) [1998] EWCA Civ 855; [1999] FSR 91; (1998) 21(9) IPD 21094 19 May 1998 CA Roch, Aldous LJJ Intellectual Property, Litigation Practice [ Bailii ] Â Â Cockeril v Tambrands Limited; CA 21-May-1998 - Gazette, 10 June 1998; Times, 04 June 1998; [1998] 1 WLR 1379; [1998] EWCA Civ 882; [1998] 3 All ER 97 Â Cockerill v Tambrands Ltd; Prolaw Ltd v Adams; Jackson v Pinchbeck [1998] 1 WLR 1379; [1998] 3 All ER 97; [1998] EWCA Civ 882 21 May 1998 CA Hirst, Morritt, Brooke LJJ Litigation Practice The court considered consolidated appeals relating to the use of Order 17 Rule 11. County Court Rules Order 17 Rule 11 1 Cites [ Bailii ] Â Edbro Plc v Vickerstaff [1998] EWCA Civ 886 22 May 1998 CA Litigation Practice Order dismissing appeal where the appellant had failed to appear or notify the court of why he was not doing so. 1 Cites [ Bailii ] Â Iomega Corporation v Myrica (UK) Ltd Times, 28 May 1998 28 May 1998 IHCS Litigation Practice Documents obtained by discovery during litigation in Scotland may be used with the consent of the court in litigation in foreign jurisdiction. Dailey Petroleum Service not to be followed. Â Haiselden v P and O Properties Ltd Times, 16 July 1998; Gazette, 28 May 1998; [1998] EWCH Civ 773 28 May 1998 CA Thorpe, Mantell LJJ Litigation Practice, Personal Injury Where one party was a litigant in person and the other was legally represented, the legal advisers had a duty to inform the court and the other party where a patent mistake had been made. The small claim had been referred to full hearing by mistake and not to arbitration. The claim for Â£1000 by the LIP was mistakenly tried rather than arbitrated as a small claim, the award of costs against plaintiff should be set aside. It was wrong of a legally assisted party to take advantage. [ Bailii ] Â Morecroft Urquhart v Dundon [1998] EWCA Civ 907 4 Jun 1998 CA Litigation Practice Application for leave to appeal, application for leave to adduce further evidence, application for security for costs. [ Bailii ] Â Prankerd v South Western Electricity Plc [1998] EWCA Civ 908 4 Jun 1998 CA Litigation Practice Application for leave to appeal refused. [ Bailii ] Â Prolaw Ld v Adams (T/A Nigel Adams and Co) Gazette, 10 June 1998; Times, 04 June 1998 4 Jun 1998 CA Litigation Practice Automatically struck out case can continue until the order in that behalf and after successful appeal by virtue of manual directions instead of automatic timetable etc. County Court Rules 1981 Order 17 Rule Â Refco Inc and Another v Eastern Trading Co and others [1998] EWCA Civ 909 4 Jun 1998 CA Litigation Practice The defendant sought and was granted leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Jackson and Others v Pinchbeck and Others Gazette, 17 June 1998; Times, 04 June 1998 4 Jun 1998 CA Litigation Practice When case staid for non-prosecution, a defence delivered during the stay did not become delivered upon the lifting of the stay. Defendant could still argue that action struck out automatically. County Court Rules 1981 Order 17 Rule 11 Â Wain v Sherwood and Sons Transport Ltd Times, 16 July 1998; Gazette, 24 June 1998; [1998] EWCA Civ 905 4 Jun 1998 CA Estoppel, Litigation Practice Plaintiff, having succeeded in claim for damage to his car, was subject to an action estoppel, since he could have had the additional claim for personal injury damages settled at the same time. A mistake by his adviser which fell short of being actionable but which resulted in a party not being able to pursue a remedy was not enough to set aside an issue estoppel having once litigated the matter. 1 Cites Â Gedaljahu Ebert v Ralph Wolff [1998] EWCA Civ 913 5 Jun 1998 CA Litigation Practice [ Bailii ] Â HM Attorney General v Thomas O'Neill Margarita O'Neill [1998] EWHC Admin 619 9 Jun 1998 Admn Litigation Practice Application for civil proceedings order. Supreme Court Act 1981 42 [ Bailii ] Â Â Bryce v Banks; CA 9-Jun-1998 - [1998] EWCA Civ 937 Â John Christopher Smyth v Greenhouse Stirton and Co (a Firm) [1998] EWCA Civ 939 9 Jun 1998 CA Litigation Practice Adequacy of reasons. 1 Citers [ Bailii ] Â Â Mensah v East Hertfordshire NHS Trust; CA 10-Jun-1998 - Gazette, 30 September 1998; [1998] EWCA Civ 954; [1998] IRLR 531 Â Â Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors); CA 10-Jun-1998 - Times, 15 June 1998; Gazette, 01 July 1998; [1998] EWCA Civ 958; [1999] QB 966; [1998] 3 All ER 541; [1998] 3 WLR 925 Â Adam Blaker v Samuel McSpadden [1998] EWCA Civ 962 11 Jun 1998 CA Land, Litigation Practice, Housing [ Bailii ] Â Lace Co-Ordinates Limited v Nem Insurance Company [1998] EWCA Civ 992 12 Jun 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Â Manson v Vooght and others; CA 12-Jun-1998 - [1998] EWCA Civ 987; [1999] BPIR 376 Â Dorothy Ethel Robins (Suing As Administratrix of the Estate of the Late Keith Woodroffe Robins) v Townleys (a Firm) [1998] EWCA Civ 985 12 Jun 1998 CA Litigation Practice Application for leave to appeal granted - valuation of solicitor's practice. [ Bailii ] Â A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children's Home and Orphanage Registered [1998] EWCA Civ 1000 15 Jun 1998 CA Personal Injury, Litigation Practice, Limitation 1 Citers [ Bailii ] Â ATA and Another v American Express Bank Ltd Times, 26 June 1998; [1998] EWCA Civ 1015 17 Jun 1998 CA Litigation Practice The Court of Appeal again emphasised the supreme importance of parties working together to identify the real issues between themselves and producing core bundles accordingly. 1 Cites 1 Citers [ Bailii ] Â REFCO Capital Markets Ltd and Another v Eastern Trading Co, Credit Suisse (First Boston) Ltd and Another Times, 07 December 2001; [1998] EWCA Civ 1020; [1999] 1 Lloyds Rep 159 17 Jun 1998 CA Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Schiemann and Lord Justice Waller Jurisdiction, Litigation Practice An application for Mareva relief was granted under s.25 where proceedings were pending in the US against Lebanese defendants arising out of futures transactions with respect of assets in England. On the application to discharge the order, the lower court held that, in view of the risk of asset dissipation, the merits was for the US court and granted a holding injunction. The plaintiffs were advised that such an application in the US would fail and sought declaratory relief instead. Rix J held that the forensic activity in Illinois should be regarded as if it were an application made and lost on the merits and discharged the injunction. Held: There was insufficient evidence of a real risk of dissipation of assets and that by the time the matter was before them the plaintiffs had effective security over substantial assets. A two-stage approach should be adopted on an application for interim relief under s.25 namely: (a) whether the facts would warrant the relief sought if the substantive proceedings were brought in England; (b) if yes, whether in the terms of s.25(2) the fact that the court has no jurisdiction apart from that section makes it inexpedient to grant the interim relief sought. Much effort was being spent in English courts attempting to give effect to letters rogatory requesting the English court to order the production of documents and oral deposition from third parties to litigation in the USA. Such orders are not part of standard procedure in England. Discovery against non-parties will not be provided because it simply was not part of English procedure. Evidence (Proceedings in Other Jurisdictions) Act 1975 1 Cites 1 Citers [ Bailii ] Â Peter John Batchelor v Mohammed Saheid [1998] EWCA Civ 1018 17 Jun 1998 CA Litigation Practice [ Bailii ] Â Roy Stewart Pybus (Suing As the Firm Roy Pybus Solicitors) v Westmore and Co v Pamela Forster (the Executrix of Colin Forster Deceased) Proposed [1998] EWCA Civ 1021 17 Jun 1998 CA Litigation Practice [ Bailii ] Â Don King Productions Inc v Warren King and Another (No 2) Times, 18 June 1998 18 Jun 1998 ChD Litigation Practice An application for a Mareva injunction made ex parte was exceptionally justified when a partner failed to explain unaccounted for receipts after a full opportunity had been given, and there was no logical or innocent basis for the concealment of receipts. 1 Cites 1 Citers Â Craig v Humberclyde Industrial Finance Group Ltd and others [1998] EWCA Civ 1025 18 Jun 1998 CA Insolvency, Litigation Practice 1 Cites [ Bailii ] Â Rachel Dickens v Imperial Hotel [1998] EWCA Civ 1073 23 Jun 1998 CA Litigation Practice Interpleader unsuccssful [ Bailii ] Â British Mensa Ltd v D Gallant [1998] EWCA Civ 1078 24 Jun 1998 CA Litigation Practice 1 Citers [ Bailii ] Â Saunders v Henry Adderley Times, 20 July 1998; [1998] UKPC 29; [1999] 1 WLR 884 24 Jun 1998 PC Litigation Practice, Commonwealth (Bahamas) In the absence of other recorded reasons for a decision of an appellate court a contemporaneous note taken by junior counsel and exhibited on affidavit would be taken as evidence of the reasons given. When the question is what inferences are to be drawn from specific facts, an appellate court is in as good a position to evaluate the evidence as the trial judge. 1 Citers [ Bailii ] Â Iane Brandenburgo Curi v Louis Ignacia Colina [1998] EWCA Civ 1105 29 Jun 1998 CA Litigation Practice [ Bailii ] Â Â Nicola (Also Known As Hossan) v Harris (Practising As Gabriel Harris Solicitors) and Charalambous; CA 29-Jun-1998 - [1998] EWCA Civ 1110 Â Regina v Bow County Court ex parte Dr Pelling [1998] EWHC Admin 689 30 Jun 1998 Admn Litigation Practice Dr Pelling applied for leave to challenge a refusal of permission to him to assist an applicant as a McKenzie friend. 1 Citers [ Bailii ] Â Peter Michael Box and Margaret Ruth Blackburn Box v Urban Wesson Graham Edmund Beddows and Diane Beddows Parties and Humphries and Walsall Metropolitan Borough Council [1998] EWCA Civ 1132 1 Jul 1998 CA Litigation Practice [ Bailii ] Â Oakes v Samuels and Kingsley Napley [1998] EWCA Civ 1122 1 Jul 1998 CA Litigation Practice [ Bailii ] Â Regina v ex parte Monsanto [1998] EWHC Admin 700 2 Jul 1998 Admn Litigation Practice Short application. [ Bailii ] Â Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council [1998] EWCA Civ 1139 2 Jul 1998 CA Litigation Practice Application for leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Regina v Wandsworth County Court ex parte Lotun [1998] EWCA Civ 1144 2 Jul 1998 CA Litigation Practice The applicant sought judicial review of a refusal by the County Court to provide a transcript or note of the County Court judge's judgement. Held: The court had no such record. It was for the parties in the County Court to make their own note. The application was misconceived. 1 Cites [ Bailii ] Â Kirby v Department of Health [1998] EWCA Civ 1141 2 Jul 1998 CA Litigation Practice Renewed application for leave to appeal - dismissed. [ Bailii ] Â Cullen v Campbell Hooper Wright and Supperstone (a Firm) (2) [1998] EWCA Civ 1150 3 Jul 1998 CA Litigation Practice, Legal Professions Â First Personal Bank Plc v Sylvia Rose Sim [1998] EWCA Civ 1194 10 Jul 1998 CA Lord Justice Evans, Lord Justice Chadwick Consumer, Litigation Practice The defendant had a credit card account with Harrods. They assigned the accounts to the claimant, who sought to recover the debt. The defendant said she had no knowledge of them. Held: There were procedural muddles which would be best resolved by adjourning, allowing the defendant opportunity to renew her application for leave to appeal out of time, and the claimant to put their own case in order. [ Bailii ] Â Global Container Lines Ltd v Bonyad Shipping Times, 14 July 1998 14 Jul 1998 QBD Litigation Practice Where companies had amalgamated and one had been a party to litigation, it was possible for the court to order the retrospective substitution of the new company even though the original party had disappeared in law. 1 Cites 1 Citers Â Black v Doncaster Metropolitan Borough Council Times, 14 July 1998; Gazette, 22 July 1998 14 Jul 1998 CA Litigation Practice In the county court a plaintiff has no right to accept a payment in after the date allowed since in a personal injury action the consequences can be wildly disadvantageous to a plaintiff because of benefits recoupment. Â Realkredit Danmark A/S v York Montague Limited and Another [1998] EWCA Civ 1228 16 Jul 1998 CA Litigation Practice [ Bailii ] Â Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) v Habib Bank Ltd Times, 20 July 1998 20 Jul 1998 ChD Litigation Practice Where judgment was entered in default but there was some significant defect in that judgment it would not in future be set aside automatically, but the court should look to the merits, correct the error, consider the merits and then decide what to do. Rules of the Supreme Court Order 13 1 Â National Home Loans Corporation Plc v Jackson [1998] EWCA Civ 1241 20 Jul 1998 CA Litigation Practice Request for leave to appeal - mortgage possession order. [ Bailii ] Â Indian Herbs (UK) Limited v Hadley and Ottoway Limited and others [1998] EWCA Civ 1265 22 Jul 1998 CA Litigation Practice Leave to appeal granted - no reasons given. [ Bailii ] Â Layla Hussein Ali v Lord Mayor and Citizens of City of Westminster [1998] EWCA Civ 1288 24 Jul 1998 CA Housing, Litigation Practice Whether the County Court has jurisdiction to grant an interlocutory injunction requiring a local authority to provide accommodation for a person who is proceeding with an appeal under s 204 of the Housing Act 1996 against a review decision made under s 202 of the Act. Housing Act 1996 202 204 [ Bailii ] Â David Dorricott Paul Gayler v Robert Arthur Glennan; Better Tasting Products Limited and Better Tasting Snackfoods Plc [1998] EWCA Civ 1295 27 Jul 1998 CA Litigation Practice Application for security for costs. [ Bailii ] Â Maes Finance Limited Mac No 1 Limited v Leftleys (a Firm) [1998] EWCA Civ 1298 27 Jul 1998 CA Litigation Practice, Professional Negligence It was a proper exercise of a discretion by a judge to decide to try five similar cases together. Admissibility questions on one case becoming admissible in others could be set aside if there was a sufficiently similar factual basis alleged. [ Bailii ] Â Lowsley and Another v Forbes (Trading As I E Design Services) Times, 24 August 1998; Gazette, 16 September 1998; [1998] UKHL 34; [1998] 3 All ER 897; [1998] 3 WLR 501; [1999] 1 AC 329 29 Jul 1998 HL Lord Lloyd of Berwick Limitation, Litigation Practice The plaintiffs, with the leave of the court, had obtained garnishee and charging orders nisi against the debtor 11 and a half years after they had obtained a consent judgment. Held: An application by the judgment debtor to set aside the orders on the ground that they were statute barred under section 24(1) should be refused. A judgment can be enforced after six years, but not any claim for interest on that judgment. Execution was not a fresh action and so was not caught by the statutory restriction. Execution has historically been treated other than as a separate action. s24(1) does not apply to proceedings by way of execution of a judgment in the same action: the expression "action upon any judgment" in s24(1) means, as it did in s2(4) of the 1939 Act, bringing a "fresh action" upon a judgment for another judgment. It did not include the execution of an existing judgment, which could proceed despite the expiration of more than 6 years from the judgment. Limitation Act 1980 24(1) 24(2) - Supreme Court of Judicature (1873) Amendment Act 1875 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Basil Brown v Eric Nash, Hon Secretary Chairman and Committee Members of Cambridgeshire Harriers Athletics Club [1998] EWCA Civ 1322 29 Jul 1998 CA Discrimination, Litigation Practice Application for leave to appeal out of time refused - long delay - additional evidence available at trial. Race Relations Act 1976 [ Bailii ] Â Rachel Lubbe; Nkala Johannes Maile; Matlaneng Johannes Mohlala; Catherine Eksteen Nel (Suing As Administratrix of the Estate of Mathys Christofel Nel) and Sebushi Pauline Selwana v Cape Plc [1998] EWCA Civ 1351 30 Jul 1998 CA International, Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Rowan Companies Inc (a Body Corporate) and others v Lambert Eggink Offshore Transport Consultants of (a Body Corporate) and others [1999] 2 Lloyds Rep 443; [1998] EWCA Civ 1354 30 Jul 1998 CA Litigation Practice The Plaintiffs had entered into a towage contract with Lambert Eggink Offshore Transport Consultants. Those Defendants are a body known as a VOF under Dutch Law, being a form of partnership under that law. It is a body that has no separate legal personality, but a suit will lie against it in its own name. Under a provision referred to as clause 24 of the contract there was a time limit. At a later stage the Plaintiffs sought to join as individual Defendants the partners VOF. The issue was whether they were too late to do so because of the time bar in clause 24, which required notification of a claim within six months of delivery of the 'Tow'. Article 18 (1) of the Dutch Commercial Code provides that: " In the case of a Commercial Partnership i.e. a VOF each of the partners is jointly and severally bound in respect of the obligations of a partnership". Held: (Majority) Clause 24 of the contract did not provide the individual partners with a Defence, because they were not contracting parties, and because the cause of action did not arise out of the agreement and it was not connected with the agreement. It arose out of Article 18 of the Dutch Commercial Code. 1 Citers [ Bailii ] Â Regina v Lord Chancellor ex parte Lightfoot [1998] EWHC Admin 827; [2000] QB 597 31 Jul 1998 Admn Simn Brown LJ Litigation Practice, Constitutional The applicant wanted to present a petition so as to obtain a declaration of bankruptcy from the court but, being in debt to the tune of nearly £60,000, she could not afford the deposit required by the court of £250. Held: The claim failed. There was no constitutional right for a debtor to petition the court to achieve his or her own bankruptcy. However, the more fundamental the right affected by a Regulation, the less likely it was that Parliament would have authorised its impairment and the greater would be the court's need to be satisfied that such indeed was Parliament's true intention. 1 Citers [ Bailii ] Â Keyes (Formerly Russell-Keyes v Blake Lapthorn (a Firm) [1998] EWCA Civ 1370 31 Jul 1998 CA Litigation Practice [ Bailii ] Â Major Shipping Company Limited, Rudolph A Oetker v Cosco Feoso (Singapore) Limited [1998] EWCA Civ 1374 31 Jul 1998 CA Litigation Practice Order granting leave to appeal and continuance of interim injunctions. [ Bailii ] Â Camilla Ween; Mark Gordon Goldstein v Farah Jones and Michael Daniels (Trading As PSP Company) [1998] EWCA Civ 1380 5 Aug 1998 CA Litigation Practice Appeal against refusal to strike out for inordinate delay - no prejudice to defendants. [ Bailii ] Â Hunter v Bowater Windows Limited T/a Zenith Windows Limited [1998] EWCA Civ 1381 5 Aug 1998 CA Agency, Litigation Practice Commercial Agents (Council Directive) Regulations 1993 [ Bailii ] Â David Alan Edgar v South Staffordshire District Council and others [1998] EWCA Civ 1392 13 Aug 1998 CA Personal Injury, Litigation Practice [ Bailii ] Â Robert Cartwright v Margaret Mortimer [1998] EWCA Civ 1408 21 Aug 1998 CA Litigation Practice Application for leave to appeal and for an extension of time for appealing. [ Bailii ] Â Â Morris v Wentworth-Stanley; CA 4-Sep-1998 - [1998] EWCA Civ 1427; [1999] QB 1004; [1999] 2 WLR 470 Â Harrods Ltd v Banks [1998] EWCA Civ 1426 4 Sep 1998 CA Litigation Practice Application for an extension of time in which to furnish security. [ Bailii ] Â Hendry v Chartsearch Ltd Times, 16 September 1998; [1998] EWCA Civ 1276; [1998] CLC 1382 16 Sep 1998 CA Evans LJ, Henry LJ, Millett LJ Contract, Litigation Practice An assignment of the benefit of a contract without the consent of the contractor and in breach of contract was effective between assignor and assignee but not as against the original contract other party. The modern practice for the allowing of amendments was that the court had a general discretion and should not be restricted by hard and fast rules of practice or of law. Millett LJ said that an assignment or a purported assignment of a contractual obligation in the face of a prohibition in the contract whether in the nature of a prohibition or promise, was unlikely to be a repudiation of the contract itself. 1 Cites 1 Citers [ Bailii ] Â Neil v Stephenson, Masterman, Parton, Lakey, Hale, Families Need Fathers (Charity and Company Limited By Guarantee) [1998] EWCA Civ 1439 17 Sep 1998 CA Defamation, Litigation Practice Appeal against order staying action pending taxation of costs where no order made for payment of costs. One defendant was a charity, and other defendants were concerned in its management. The claimant had offered to settle the action but only with the company, giving rise to a conflict of interest between the defendants and the company. The judge had sought to find a settlement of the action, which was resolved but for the costs. Having become so involved, he had felt it appropriate for someone else to fix the costs. Held: The order for taxation should not have been made, but the stay should be left in force. [ Bailii ] Â Beeforth v Beeforth and Others Times, 17 September 1998 17 Sep 1998 CA Litigation Practice Though courts should seek to enforce 'unless' orders, they had to be sure that the sanction was proportionate to the offence. The Order which had not complied with, had been complicated, and the non-compliance was not wilful. Â Alcorn v Dagenham Motors Group Plc Brownings Electric Company Limited David Philip Kenneth Checkley [1998] EWCA Civ 1442 17 Sep 1998 CA Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Roy Rld Hastings v Edward Frederick George Lambert [1998] EWCA Civ 1450 22 Sep 1998 CA Damages, Litigation Practice [ Bailii ] Â GIO Personal Investment Services Limited v Liverpool and London Steamship Protection and Indemnity Association Limited and others [1998] EWCA Civ 1457; [1999] 1 WLR 984 28 Sep 1998 CA Swinton Thomas, Otton, Waller LJJ Litigation Practice [ Bailii ] Â Langnese-Iglo v Commission C-279/95; [1998] EUECJ C-279/95P 1 Oct 1998 ECJ Litigation Practice By virtue of Article 168a of the Treaty and the first paragraph of Article 51 of the Statute of the Court of Justice, an appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. As regards matters of evidence, it is for the Court of First Instance alone to assess the value which should be attached to the evidence adduced before it, save where the sense of that evidence has been distorted. Having regard to the legal nature of comfort letters, the sending of such a letter, in which the Commission has reserved the right to re-open the procedure in the event of there being any appreciable change affecting certain matters of law or of fact on which its assessment had been based, cannot entail the consequence that the Commission, when actually re-opening the procedure, would no longer be entitled to take account of a factual situation which existed before the comfort letter was sent but was brought to its notice only later, particularly in connection with a complaint lodged at a later stage. Since Article 3 of Regulation No 17 is to be applied according to the nature of the infringement found, although the Commission may by decision require undertakings and associations of undertakings to bring to an end an infringement of Article 85 of the Treaty deriving from an exclusive purchasing agreement, it may not prohibit the conclusion of any such agreements in the future. 1 Cites [ Bailii ] Â Huntingdon and Another v Secretary of State for the Environment and Another Times, 02 October 1998 2 Oct 1998 CA Litigation Practice Where new counsel is instructed after skeleton arguments have been filed, the new counsel should not be stopped from submitting fresh ones, although it was important to be speedy. Skeleton arguments are not pleadings. Â Morris v Wrentworth-Stanley Times, 02 October 1998; Gazette, 14 October 1998 2 Oct 1998 CA Litigation Practice A compromise of a claim against jointly liable defendants with one of them operated to release all of them. The principle of accord and satisfaction survived the new Act. Civil Liability (Contributions) Act 1978 3 Â Simindokht Naini v Homayan Agha Hoseini Naini [1998] EWCA Civ 1495 6 Oct 1998 CA Litigation Practice Application for leave to appeal. [ Bailii ] Â Â In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure); CA 8-Oct-1998 - Times, 09 October 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1502; [1999] 1 FLR 267 Â Â Lloyds Bank Plc v Hawkins; CA 9-Oct-1998 - Times, 09 October 1998; [1998] EWCA Civ 1391 Â Â Shanley v Mersey Docks and Harbour and General Vargos Shipping Inc; CA 12-Oct-1998 - [1998] EWCA Civ 1521 Â Curi v Colina Times, 14 October 1998 14 Oct 1998 CA Personal Injury, Litigation Practice A chance of 'serious . . disease or deterioration' must be a measurable risk rather than merely fanciful. There must be a possibility of deterioration, but there is no need to show more than a possibility. County Courts Act 1984 51 1 Cites Â Mortgage Express Limited (Formerly Known As United Dominions Trust Limited) v Carter and Carter [1998] EWCA Civ 1544 15 Oct 1998 CA Litigation Practice [ Bailii ] Â Â Darragh etc v Chief Constable of Thames Valley Police; CA 16-Oct-1998 - Gazette, 11 November 1998; [1998] EWCA Civ 1555 Â Bleep 2000 Computers Limited v Saleem Mohammed (Trading As Shalimar Shoes) [1998] EWCA Civ 1550 16 Oct 1998 CA Litigation Practice Some considerable time after a long trial, evidence emerged to support the losing side and to suggest a conspiracy to pervert the course of justice. Held: The case should be retried. [ Bailii ] Â C and Another v Buckinghamshire County Council [1998] EWCA Civ 1559 19 Oct 1998 CA Kennedy, Aldous LJJ Litigation Practice Application for leave to appeal and an extension of time [ Bailii ] Â Darragh and Others v Chief Constable of Thames Valley Police Times, 20 October 1998 20 Oct 1998 CA Litigation Practice Judge was correct to direct trial by judge only where the assessment of damages would involve assessment of medical evidence. Such evidence required 'scientific investigation' displacing need for trial by jury in false imprisonment and like cases. Supreme Court Act 1981 69(1) Â Gardiner Fire Ltd v Jones Thd Manufacturing Ltd (Third Party) Gazette, 18 November 1998; Times, 22 October 1998; [1998] EWCA Civ 1574 20 Oct 1998 CA Lord Woolf MR Litigation Practice A delay of 22 months between a hearing and the handing down of a judgement is quite intolerable. Judges creating such delays will in future be liable to such steps as could properly be taken by those in authority over them. Mechanisms had been put in place to alert judges with responsibility for supervising the delivery of judgments by other judges about delays so that they could take appropriate steps to prevent delays. 1 Cites 1 Citers [ Bailii ] Â Regina v Bow Street Metropolitan Stipendiary Magistrate ex parte Alan Gordon Barrett [1998] EWHC Admin 992 21 Oct 1998 Admn Litigation Practice "Mr Barrett is obsessed with the loss of his house and has been making wild allegations of fraud against anyone who decides anything against him in the context of that loss. He is totally unable to appreciate that his activities before the court are vexatious and are completely lacking in any merit whatever. " His appeal against a strike out of his claim against judges in the Court of Appeal was struck out with a recommendation that a vexatious litigant order be considered. Supreme Court Act 1981 42 [ Bailii ] Â Stephen Soloman v Thai Silks (Uk) Limited; Trevor Ian Short and Derek Charles White and [1998] EWCA Civ 1584 21 Oct 1998 CA Litigation Practice Second application for leave to appeal out of time against finding of liability under guarantee. Held: The application was adjourned to be heard on notice. [ Bailii ] Â Mark Westley v Hertfordshire County Council [1998] EWHC Admin 995 22 Oct 1998 Admn Litigation Practice Application for extension of tme to apply for leave to appeal to House of Lords. Administration of Justice Act 1960 2(1) [ Bailii ] Â David John Hirthe v Southmead Health Services Nhs Trust [1998] EWCA Civ 1603 23 Oct 1998 CA Litigation Practice Renewed application for leave to appeal - granted. [ Bailii ] Â Â International Asset Control Ltd (Trading As Iac Films) v Films Sans Frontieres Sarl; CA 26-Oct-1998 - Times, 26 October 1998 Â Ferrishurst Ltd v Wallcite Ltd [1998] EWCA Civ 1622 27 Oct 1998 CA May LJ Litigation Practice Application for security for costs for appeal. 1 Citers [ Bailii ] Â Regina v London Borough of Hillingdon ex parte McDonagh Times, 09 November 1998; [1998] EWHC Admin 1015 28 Oct 1998 Admn Land, Litigation Practice, Housing A Local Authority seeking possession under CCR Ord. 24 of land which was occupied by gypsies, had no duty to make enquiries about their housing status. The Department of Environment circular stated only what was good practice, not what was the necessary practice. County Court Rules 1981 Order 24 - Gipsy Sites and Unauthorised Camping (Department of Environment 18/24) [ Bailii ] Â Target Holdings Ltd v Redfern (A Firm) and Another (No 2) Gazette, 28 October 1998 28 Oct 1998 ChD Litigation Practice After a subsequent order of appellate court which changed the basis in law of an earlier interim decision in the case it would be right to allow leave to appeal out of time. Interim orders are made to allow court to try the real issues between the parties. Â Holtom v London Borough of Barnet and St Christopher's School [1998] EWCA Civ 1644 30 Oct 1998 CA Litigation Practice Short procedural judgment. [ Bailii ] Â Tilley v Booker Food Service Group Limited [1998] EWCA Civ 1669 3 Nov 1998 CA Personal Injury, Litigation Practice [ Bailii ] Â Darlington Building Society; Abbey National Plc v O'Rourke James Scourfield and Mccarthy (Sued As a Firm) Times, 20 November 1998; [1998] EWCA Civ 1664 3 Nov 1998 CA Limitation, Litigation Practice In proceedings against solicitors alleging matters of one sort, the plaintiff was not allowed to amend his case to add new causes of action which were then limitation barred. In this case a new set of facts would need to be pleaded and proved. [ Bailii ] Â Â Manson v Vooght; Coopers and Lybrand International; Coopers and Lybrand International Trading As Cork Gully and Barclays Bank Plc; CA 3-Nov-1998 - Times, 20 November 1998; [1998] EWCA Civ 1665; [1999] BPIR 376 Â Dr Adoko v Hussein Jemal [1998] EWCA Civ 1674 4 Nov 1998 CA Lord Justice Henry, Lord Justice Clarke Litigation Practice, Defamation The applicant's claim had been struck out. He sought leave to appeal out of time, but leave was not granted, and he appealed that refusal. Held: Some of the protestations of the applicant had been preposterous, and it was not surprising that the judge had expressed himself strongly. The claim itself was very weak, and the claimant had failed to act within the time limits. The claim related to a complaint to the Bar Council which was absolutely privileged. Nevertheless it was not clear how the judge had formed his opinion and leave to appeal was granted. 1 Cites [ Bailii ] Â Pamela Ann Watson v James Edward Woodhouse [1998] EWCA Civ 1685 4 Nov 1998 CA Litigation Practice [ Bailii ] Â Anderton v Clwyd County Council [1998] EWCA Civ 1687 4 Nov 1998 CA Litigation Practice 1 Citers [ Bailii ] Â Harold William O'Dell Dixon v Robert Malcolm Ashbee [1998] EWCA Civ 1691 5 Nov 1998 CA Litigation Practice Inter partes hearing of an application for leave to appeal out of time. [ Bailii ] Â Leakey v Jarrett [1998] EWCA Civ 1694 5 Nov 1998 CA Company, Insolvency, Litigation Practice [ Bailii ] Â Rodney Alec John Westbury v John Richard Sampson [1998] EWCA Civ 1697 5 Nov 1998 CA Litigation Practice Leave to appeal - impecunious appellant - security for costs. [ Bailii ] Â Global Container Lines Limited v Bonyan Shipping Company [1998] EWCA Civ 1728 9 Nov 1998 CA Litigation Practice 1 Cites 1 Citers Â Helen Dorothy Hantman; Ian Phillip Hantman; C C Corporation Limited v Messrs Silvermans; Hassan Hurer; Graham Charles Weidle and Kian Siong Weidle [1998] EWCA Civ 1741 11 Nov 1998 CA Hutchison LJ Litigation Practice Application for extension of time to apply for leave to appeal. [ Bailii ] Â Â Reflex Developments Limited; Sylvanus Investments Limited v Millward; Millward and Green Sandpiper Limited; CA 11-Nov-1998 - [1998] EWCA Civ 1745 Â Â Johnson v Gore Wood and Co (a Firm); CA 12-Nov-1998 - [1998] EWCA Civ 1763; [1999] BCC 474 Â Deepak Fertilisers and Petrochemical Corporation v Davy McKee (London) Ltd; ICI Chemicals and Polymers Ltd [1998] EWCA Civ 1752; [1999] 1 Lloyd's Rep 387 12 Nov 1998 CA Litigation Practice Deepak's plant was built with know-how derived from ICI via one of ICI's licensees, Davy. The contract between Davy and Deepak contained (it was assumed) a promise by Deepak to indemnify ICI. The plant was severely damaged by an explosion and Deepak sued. ICI was one of the defendants. Davy claimed to be entitled to a stay of the proceedings against ICI in so far as the claims were covered by the indemnity. One of the many questions argued on appeal was the question when a promise by A (Deepak) to B (Davy) that A will indemnify and hold harmless C (ICI) will be enforced at the suit of B for the ultimate benefit of C. Deepak submitted that there were two cumulative requirements for such a promise to be so enforced: (a) The promise involves, expressly or impliedly, a promise by A not to sue C, and (b) B has a substantial interest of his own in the enforcement of the promise. Held: An agreement to indemnify contained an implied promise not to sue. On the second part of the submission they held: "From these cases (the facts of which do not matter) we think the following propositions emerge. 1. Equitable fraud (something which is unconscionably unfair) is the basis upon which the Courts will restrain or stay the proceedings on the application of a stranger to those proceedings. The power to do so is discretionary. 2. Something more than a promise not to sue is required. The applicant must show that he has some interest of his own to protect. This has been expressed in various ways viz.: "Some other good reason", "the real possibility of prejudice" and "some legal or equitable right to protect such as an obligation to indemnify the defendant". 3. Whether the applicant has shown that he has such an interest depends upon the facts of each case. Where for example there is an issue as to whether the applicant will be required to indemnify the defendant if the proceedings continue the Court must consider the likelihood of a claim for indemnity being made and its merits if it is said to be obviously unsustainable, but no prolonged investigation of the issues or potential issues is called for." 1 Cites 1 Citers [ Bailii ] Â British and Commonwealth Holdings Plc (In Administration) v Barclays De Zoete Wedd Ltd; Same v Atlantic Computers Plc, David Mccormick and Others; Etc Times, 13 November 1998; Gazette, 25 November 1998 13 Nov 1998 ChD Litigation Practice The fact that evidence had been obtained under compulsion was not sufficient reason to prevent its disclosure for other civil matters if the Rule's requirements were met and it was necessary to achieve fairness or reduction in costs. Rules of the Supreme Court Order 24 R 13 1 Citers Â Bogdan Gesek v Estate of Tusnelda Maria Giller (Deceased) [1998] EWCA Civ 1765; [1998] EWCA Civ 1765 13 Nov 1998 CA Lady Justice Butler-Sloss, Lord Justice Buxton Wills and Probate, Litigation Practice The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation. Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend the time for service, he had failed to give effect to the purpose of the rule, namely to ensure that all issues between the parties are decided. The appeal against the dismissal of the action in limine was successful. County Court Rules 1981 Ord 5 Rule 8 [ Bailii ] Â Tilly v Hamleys of London Ltd, Essex County Council [1998] EWCA Civ 1767 13 Nov 1998 CA Lord Justice Hirst Mr. Justice Cazalet Litigation Practice The claimant had brought an action against the shop. She had been stopped on leaving when a library book caused the anti-theft alarm to go off. She and felt humiliated by the public way she was dealt with. Her claim in negligence had been dismissed, and she re-issued claiming false imprisonment. Held: The second action on the same facts was an abuse of process. Her appeal against the striking out of her action failed. 1 Cites [ Bailii ] Â Practice Direction (Court of Appeal, Civil Division): (Hear-By Dates) Times, 16 November 1998 16 Nov 1998 CA Litigation Practice Hear-by dates for different kinds of cases in the Court of Appeal have been reviewed, including Crown Office Cases and Immigration Appeals, Child cases, and also for the High Court and the County Court. Â Slot v East Hants District Council [1998] EWCA Civ 1778 17 Nov 1998 CA Local Government, Litigation Practice The claimants appealed the district judge's decision to rescind the reference to arbitration. Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required. 1 Cites [ Bailii ] Â Colin Thomas Ward v Thomas Arter [1998] EWCA Civ 1784; [1998] EWCA Civ 1784 18 Nov 1998 CA Lord Justice Evans, Lord Justice Ward Litigation Practice The respondent requested the appellant's notice of appeal to be struck out as vexatious, on the basis that it misrepresented the nature of the judgement. Held: The interpretation of the document was the only one available to the judge. Notice of Appeal struck out. Law of Property (Miscellaneous Provisions) Act 1989 1 [ Bailii ] Â Pavey v Ministry of Defence Times, 25 November 1998; [1998] EWCA Civ 1804 19 Nov 1998 CA Litigation Practice A Master of the Supreme Court has power himself to hold a trial of certain issues subject to the consent of the parties and the general rules of court. Such a decision would be appealable to the Court of Appeal, and not to a judge in chambers. [ Bailii ] Â Lace Co-Ordinates Ltd v Nem Insurance Co Ltd [1998] EWCA Civ 1798 19 Nov 1998 CA Hirst LJ Litigation Practice Referring to the new Civil Procedure Rules: "These guidelines ... create an entirely new climate in which the court is required to examine the plaintiff's conduct by reference to the overall interests of justice and fairness (including considerations of public importance reflecting the interests of other litigants, and the interests of the court, to ensure the prompt despatch of court business in accordance with efficient case management), and not exclusively the impact (as in Birkett v James [1978] A.C. 297) of the delay on the conduct of the defendant's case, having regard to any prejudice the defendant may suffer." 1 Cites 1 Citers [ Bailii ] Â Michael Doidge v Minos Colocotronis [1998] EWCA Civ 1799 19 Nov 1998 CA Litigation Practice Giving evidence by video link. [ Bailii ] Â Port of Sheerness Limited Medway Ports Limited v Brachers (a Firm) [1998] EWCA Civ 1824 23 Nov 1998 CA Litigation Practice [ Bailii ] Â Â Parks v Esso Petroleum Company Limited; CA 23-Nov-1998 - [1998] EWCA Civ 1820 Â Practice Direction (Court of Appeal, Civil Division: Leave to Appeal and Skeleton Arguments) Times, 23 November 1998 23 Nov 1998 CA Litigation Practice Court set new requirements for procedures on appealing in civil matters, including extending to all applications the need to apply for leave to appeal, usually from the court of first instance. Also extended the duties of filing skeleton arguments. Â Darby v Meehan and Another Times, 25 November 1998 25 Nov 1998 ChD Litigation Practice A motion to enforce a Tomlin settlement was not itself a court proceeding and a court had no power to award interest on late payments when this could have been included in the settlement if seen to be appropriate. Notice of motion was not a proceeding. Â Regina v Under Sheriff of Greater London, John Hargrove v London Borough of Bromley ex parte Storm Poorun (on Behalf of the Crystal Place Protest) [1998] EWHC Admin 1089 25 Nov 1998 Admn Litigation Practice [ Bailii ] Â Murray King v Conrad Ryder-Large [1998] EWCA Civ 1856 26 Nov 1998 CA Litigation Practice Application for leave to appeal aganst refusal of consent to appeal from small claims arbitration. [ Bailii ] Â Realkredit Danmark A/S (a Body Corporate); Foreningen Realdanmark (a Body Corporate) (Formerly Kreditforeningen Denmark) v York Montague Limited; Stumpbrook Continuation Limited (In Voluntary Liquidation) (Formerly Jackson-Stops and Staff Limited) Times, 01 February 1999; [1998] EWCA Civ 1859 26 Nov 1998 CA Litigation Practice Although a party had failed to comply with an unless order for discovery, it had still produced a list of over 2500 documents and in the circumstances striking out was too drastic, when the failure to serve was not in bad faith, and the failing was remediable by an appropriate application. [ Bailii ] Â UCB Bank Plc v Roy Chandler and Yvonne Ann Chandler [1998] EWCA Civ 1862 26 Nov 1998 CA Banking, Litigation Practice, Estoppel Renewed application for leave to appeal and for an extension of time for so doing [ Bailii ] Â Novak v Manchester City Council [1998] EWCA Civ 1870 27 Nov 1998 CA Litigation Practice 1 Cites [ Bailii ] Â Practice Statement (Supreme Court: Judgments) (No 2) Times, 02 December 1998; [1999] 1 WLR 1 2 Dec 1998 LCJ Litigation Practice Reserved judgments handed down should be marked as such when subject to revision, and could be copied and published freely and without charge once the embargo on copies delivered to parties had been lifted. 1 Citers Â Â Venables v MGN Limited and Harris; CA 2-Dec-1998 - Times, 09 December 1998; [1998] EWCA Civ 1892; [1998] EWCA Civ 1893 Â Â Worldwide Corporation Limited v GPT Limited and GPT (Middle East) Limited; CA 2-Dec-1998 - [1998] EWCA Civ 1894 Â Practice Direction (Court Dress) (No 3) Times, 03 December 1998 3 Dec 1998 SCJ Litigation Practice Practice Direction given for dress to be worn in civil courts by newly authorised advocates (Legal executives etc). Gowns and tabs are to be worn but not wigs, save for barristers. Courts and Legal Services Act 1990 Â Barker v Hertfordshire Constabulary; Barker v Rule; Barker v Mcclaughlin; Barker v Kent; Barker v Young and Others [1998] EWCA Civ 1920 7 Dec 1998 CA Litigation Practice [ Bailii ] Â Townley Wells Limited v Mary Bharier [1998] EWCA Civ 1924 7 Dec 1998 CA Land, Litigation Practice [ Bailii ] Â Â Parker v Law Society; CA 8-Dec-1998 - Times, 08 December 1998; Gazette, 13 January 1999 Â Rees and Another v Mabco (102) Ltd Gazette, 27 January 1999 11 Dec 1998 CA Insurance, Litigation Practice Insurers declined to represent an insured facing a claim for damages for secondary liability for asbestos injury. The insured losing by default, the insurers then sought to be joined to defend the action, but still showed no good defence and were refused. Held: Where an underwriter could demonstrate that there was a defence which carried a real prospect of success which had not been run by the assured, the discretion to permit joinder was available despite the fact that a default judgment had already been obtained. Third Parties (Rights Against Insurers) Act 1930 1 Citers Â F A Simms and Partners v Thomas Anthony McDermott [1998] EWCA Civ 1945 14 Dec 1998 CA Litigation Practice [ Bailii ] Â Roe v Novak and Another Times, 15 December 1998 15 Dec 1998 CA Litigation Practice Where both plaintiff and defendant had in turn been guilty of inexcusable delay it was possible in appropriate circumstances to strike out the action with an order in favour of the plaintiffs in respect of their costs wasted by the defendant's delay Â Â Jameson and Another v Central Electricity Generating Board and others; HL 16-Dec-1998 - Times, 17 December 1998; Gazette, 03 February 1999; [1998] UKHL 51; [2000] 1 AC 455; [1999] 2 WLR 141; [1999] 1 All ER 193 Â Bourns Inc v Raychem Corporation [1998] EWCA Civ 1955 17 Dec 1998 CA Intellectual Property, Litigation Practice 1 Cites 1 Citers [ Bailii ] Â Heffer and Another v Tiffin Green (A Firm) Times, 28 December 1998 17 Dec 1998 CA Henry LJ Litigation Practice The plaintiff had sued the defendant accountants for negligently understating their business profits by inflating the figure for creditors. As a result, further tax had to be paid. The plaintiffs claimed the penalties and interest on tax paid exacted by the Inland Revenue Department. The plaintiff appealed a finding that he knew of the overstatement of creditors. Held: Where a trial judge had merely rehearsed the evidence without putting it into a coherent narrative or listing issues and stating and weighing the facts found, and the case was a complex and difficult one, the only proper remedy was to order a re-trial. The judge had failed to to put in place "the building blocks of the reasoned judicial process" Henry LJ noted that whilst Mr Heffer had obviously been an attractive and persuasive witness, "it was crucial to test his evidence against the objective facts, the contemporaneous documents, the motives of those involved, or the lack of them, and the overall probability." The trial Judge had not done this: "there was no proper reasoned reappraisal of the Judge’s initial view of credibility against the commercial probabilities, and no proper examination of the issues raised by the contemporary documents". The documents had been looked at, but they had not been given a consideration which was "proper, detailed, and dispassionate." 1 Citers Â Â Yorkshire Bank Plc v Hall; Hall; Hall and Mann; CA 18-Dec-1998 - Times, 14 January 1999; [1998] EWCA Civ 1961; [1999] 1 WLR 1713; [1999] 1 All ER 879 Â Manchester City Council v Cochrane and Cochrane Times, 12 January 1999; Gazette, 03 February 1999; [1998] EWCA Civ 1967; (1999) 31 HLR 810; [1999] 1 WLR 809 21 Dec 1998 CA Lord Justice Auld, Lord Justice Judge, Sir John Knox Housing, Litigation Practice, Judicial Review The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to appeal review was not a private law right, and the County Court had no jurisdiction in judicial review. Held: The Council's appeal was allowed. The right under an introductory tenancy was only to remain into possession until and unless a possession order was made. An introductory tenant could not raise a defence to a claim for possession when that defence was based on the contentions that (a) there had been no breaches of the tenancy agreement (the substantive ground relied on by the Council for bringing the instant proceedings), (b) the relevant Regulations had not been complied with, and (c) there had been a failure to comply with the rules of natural justice in the conduct of the review by the Panel. To hold otherwise would defeat the purpose of the legislation. Housing Act 1996 Part V 125(1) 127 128 - Housing Act 1996 125(1) - Introductory Tenants (Review) Regulations 1997 - County Court Act 1984 38(3) 1 Cites 1 Citers [ Bailii ] Â Â FAI General Insurance Company Ltd v Godfrey Merrett Robertson Ltd and Others; CA 21-Dec-1998 - Times, 13 January 1999; Gazette, 10 February 1999; [1998] EWCA Civ 3538; [1999] WLR 984 Â
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