Search Results for: Civil Procedure Rules

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Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

Dockerill and Another v Tullett: CA 24 Feb 2012

In all three claims, children sought to recover the costs of applications to approve compromises of their claims for damages for personal injuries received. In particular the court was asked whether they were entitled only to fixed costs, or were subject to detailed assessment. Citations: [2012] EWCA Civ 184 Links: Bailii Statutes: Civil Procedure Rules … Continue reading Dockerill and Another v Tullett: CA 24 Feb 2012

Abela and Others v Baadarani: CA 15 Dec 2011

The claimant alleged fraud against the defendant. The defendant now appealed against an order allowing service of the proceedings on him in Lebanon. Judges: Arden, Longmore, McFarlane LJJ Citations: [2011] EWCA Civ 1571 Links: Bailii Statutes: Civil Procedure Rules Part 11 Jurisdiction: England and Wales Citing: Appeal from – Abela and Others v Baadarani and … Continue reading Abela and Others v Baadarani: CA 15 Dec 2011

Courtman v Ludlam and Another; In re Ludlam (Bankrupts): ChD 6 Aug 2009

The applicant trustee in bankruptcy sought an extended civil restraint order against the respondents, saying that they had made unmeritorious claims in the proceedings. Held: The rules required there to be shown that person had ‘persistently issued claims or made applications which are totally without merit’. The court must respond to such behaviour in a … Continue reading Courtman v Ludlam and Another; In re Ludlam (Bankrupts): ChD 6 Aug 2009

Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. Judges: Arnold J Citations: [2010] EWHC 2065 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24.2 Jurisdiction: England and … Continue reading Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

CTB v News Group Newspapers Ltd and Another: QBD 25 Nov 2011

The second defendant sought permission to read a statement in open court. In the claim, the claimant sought an injunction to restrain the first defendant from seeking to publish details of an extra marital affair with the second defendant. In the course of several hearings, statements had been made about her, and she wished to … Continue reading CTB v News Group Newspapers Ltd and Another: QBD 25 Nov 2011

Sheikh and Another v Dogan and Others: ChD 17 Nov 2009

The judge had reserved his judgment, but had since received further voluminous representations from a party. Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was subject to a civil restraint order, and these applications had been made without consent. Nor had she … Continue reading Sheikh and Another v Dogan and Others: ChD 17 Nov 2009

University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004

The parties had litigated the sale of land free of restrictive covenants. Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to have been able to establish whether it was proper … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004

Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007

Judges: Gloster J DBE Citations: [2007] EWHC 3010 (Comm), [2008] ILPr 14, [2008] 1 All ER (Comm) 305 Links: Bailii Statutes: Civil Procedure Rules 71.2 Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA … Continue reading Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007

Cox v Jones: ChD 6 May 2004

In the course of the hearing some of the claimant’s allegations were dropped. Newspapers having taken an interest in the case sought disclosure of the full document. Held: The parts of the statements not relied upon included allegations against third parties who would have no opportunity of reply, and which allegations were not pursued. The … Continue reading Cox v Jones: ChD 6 May 2004

Boyd and Hutchinson v Joseph: ChD 14 Mar 2003

The claimant had been awarded costs, and sought to charge her time as a solicitor. Held: The claimant had only a limited practicing certificate, which would allow her to work for others only without charge. She could not for these proceedings charge on the basis on which she would not be allowed to practise. Judges: … Continue reading Boyd and Hutchinson v Joseph: ChD 14 Mar 2003

Serious Organised Crime Agency v Namli and Another: CA 29 Nov 2011

An application was made to vary a disclosure order. The application raised a question as to the scope of CPR Part 33.6 and the relationship between that provision, Part 31.5(2) and Part 31.19, and the exercise of the powers conferred on the Court by Part 31.5(2) and Part 31.19. Held: CPR 31.5(2) empowers the court … Continue reading Serious Organised Crime Agency v Namli and Another: CA 29 Nov 2011

ABC Ltd v Y: ChD 6 Dec 2010

There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010

Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc: CA 8 Nov 2011

The parties had litigated the validity of a patent. Judges: Lord Neuberger MR, Aikens, Lewison LJJ Citations: [2011] EWCA Civ 1288 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Baird v Moule’s Patent Earth Closet Co Ltd CA 3-Feb-1876 Where a patentee sues for infringement and then discontinues his claim against the alleged infringer … Continue reading Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc: CA 8 Nov 2011

Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Kordowski v Hudson: QBD 21 Oct 2011

The claimant alleged that the defendant, the chief executive of the Law Society had slandered him in a conversation with another senior lawyer. The claimant now sought summary judgment against the claimant, saying that the defence had no realistic prospect of success. Held: The claim was dismissed as an abuse. Whilst the alleged libel was … Continue reading Kordowski v Hudson: QBD 21 Oct 2011

Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009

Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009

Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002

The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25. Held: The rules now allowed orders akin to orders for security for costs … Continue reading Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002

London Borough of Barnet v Hurst: CA 17 Jul 2002

The applicant had been sentenced to nine months imprisonment for having broken his undertaking to the Court. He appealed against that sentence. The other party also sought to appeal other parts of the order. Held: An appeal limited to the sentencing part of a committal for contempt did not require leave to appeal, being as … Continue reading London Borough of Barnet v Hurst: CA 17 Jul 2002

McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999

The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no … Continue reading McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999

Williams and Another v Hinton and Another: CA 14 Oct 2011

The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011

Lait v Evening Standard Ltd: CA 28 Jul 2011

The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011

Dunnett v Railtrack plc: CA 22 Feb 2002

The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made. Held: The defendant, otherwise successful on appeal, should be … Continue reading Dunnett v Railtrack plc: CA 22 Feb 2002

Solomon v Cromwell Group Plc: CA 19 Dec 2011

Common issues relating to the construction of Part 36 of the Civil Procedure Rules and its inter-action with Part 44, which contains general rules about costs, and Section II of Part 45, which contains rules about costs in certain kinds of road traffic accident claims. Judges: Pill, Moore-Bick, Aikens LJJ, Hurst SCJ Citations: [2011] EWCA … Continue reading Solomon v Cromwell Group Plc: CA 19 Dec 2011

Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

A party had been refused leave to appeal against an arbitration under the Act by the judge, but later obtained leave to appeal. Held: Such leave could only be granted by the trial judge, and the Court of Appeal could set aside the leave granted in excess of jurisdiction. The parties had argued that the … Continue reading Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

Hertsmere Borough Council v Harty and others: CA 21 Jun 2001

Concerning challenges to leave to appeal: ‘(if) the Judge was misled by an Appellant, not necessarily deliberately, into giving permission to appeal, that may well be a compelling reason within the Rule. It must . . involve showing (a) that the materials put before the judge were inaccurate or incomplete; (b) that these deficiencies had … Continue reading Hertsmere Borough Council v Harty and others: CA 21 Jun 2001

Sloutsker v Romanova: QBD 5 Mar 2015

The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now applied to set aside service of proceedings on her outside the jurisdiction.As to CPR 23.11, Warby J said: … Continue reading Sloutsker v Romanova: QBD 5 Mar 2015

Henry v News Group Newspapers Ltd and Others: QBD 26 May 2011

The defendant, having been sued for defamation by the claimant social worker pleaded justification and now sought third party disclosure against the hospital involved and against the police of documents which might support the stories it had published. Judges: Eady J Citations: [2011] EWHC 1364 (QB) Links: Bailii Statutes: Civil Procedure Rules 31.17 Defamation, Civil … Continue reading Henry v News Group Newspapers Ltd and Others: QBD 26 May 2011

Hicks v Russell Jones and Walker: ChD 5 Nov 2007

The parties were to appeal a finding of professional negligence. Leave had been given and it was suggested that the judge make additional findings of fact to assist the appeal court. Citations: [2007] EWHC 2545 (Ch) Links: Bailii Statutes: Civil Procedure Rules 52.10(2)(b) Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 September 2022; Ref: … Continue reading Hicks v Russell Jones and Walker: ChD 5 Nov 2007

Olafsson v Gissurarson: QBD 8 Dec 2006

Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in Iceland. Held: The appeal was allowed. Rule 3.10 could not be used … Continue reading Olafsson v Gissurarson: QBD 8 Dec 2006

Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis) v Symes (A Bankrupt), Nussberger, Galerie Nefer Ag, Geoff Rowley: ChD 19 Aug 2005

The court allowed the appellant’s application to dispense with service of a claim form under the rule. The High Court became seised of the matter as at 19 January 2005. Further directions were given. Judges: The Honourable Mr Justice Peter Smith Citations: [2005] EWHC 1880 (Ch) Links: Bailii Statutes: Civil Procedure Rules 6.9 Jurisdiction: England … Continue reading Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis) v Symes (A Bankrupt), Nussberger, Galerie Nefer Ag, Geoff Rowley: ChD 19 Aug 2005

Crick and Another v Brown: PC 30 Nov 2020

(From the Court of Appeal of the Republic of Trinidad and Tobago) The consequences which a court in Trinidad and Tobago operating under the Civil Procedure Rules in that jurisdiction may impose where a party fails to file a written skeleton argument in proper time in accordance with case management directions set by the court. … Continue reading Crick and Another v Brown: PC 30 Nov 2020

Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Defendants appealed against an order refusing an order to restrain service of the proceedings on certain defendants outwith the jurisdiction. The claimant was seriously injured holidaying at a resort managed by the several defendants in Jamaica in various ways. The defendants argued that the proper forum was Jamaica. Held: The decision as to forum conveniens … Continue reading Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Sunrule Ltd v Avinue Ltd: CA 26 Nov 2003

The defendant company sought to appear by a lay representative in a small claims track case in a county court. The court did not allow that, and the only representative was a director with limited English. The company appealed. Held: The normal rule as to representation of companies did not apply in cases allocated in … Continue reading Sunrule Ltd v Avinue Ltd: CA 26 Nov 2003

Slot and Slot v Isaac: CA 12 Apr 2002

Leave to appeal was sought against a judge’s finding that he had no jurisdiction to hear an application for leave to appeal against another order itself refusing leave to appeal against a case management decision. The party had declined to make any application to the original judge. They said that were following a path they … Continue reading Slot and Slot v Isaac: CA 12 Apr 2002

Nectrus Ltd v UCP Plc: CA 21 Jan 2021

Application for reconsideration of refusal of leave to appeal. Judges: Lord Justice Flaux Citations: [2021] EWCA Civ 57 Links: Bailii, Juciciary Statutes: Civil Procedure Rules 52.30 Jurisdiction: England and Wales Citing: See also – UCP Plc v Nectrus Ltd ComC 21-Feb-2018 Application for stay pending proceedings in Isle of Man . . See also – … Continue reading Nectrus Ltd v UCP Plc: CA 21 Jan 2021

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

Sukui-Lennard v Croydon Primary Healthcare Trust: CA 22 Jul 2003

The appellant sought to appeal a striking out of her complaint of race discrimination. She appealed from the Employment Appeal Tribunal which had rejected her appeal in its preliminary hearing procedure. Held: The Court of Appeal had the power to return a case to the full Employment Appeal Tribunal so that it could hear and … Continue reading Sukui-Lennard v Croydon Primary Healthcare Trust: CA 22 Jul 2003

Rajval Construction Ltd v Bestville Properties Ltd: CA 14 Dec 2010

The court was asked what the proper approach of the court should be to judgments obtained in default where there has been non-compliance with the requirements of CPR 7.8. That rule provides under the heading ‘Form for Defence etcetera must be served with Particulars of Claim’. Citations: [2010] EWCA Civ 1621 Links: Bailii Statutes: Civil … Continue reading Rajval Construction Ltd v Bestville Properties Ltd: CA 14 Dec 2010

Bank of Scotland v Pereira and Others: CA 9 Mar 2011

The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt 52. Held: The dismissal of an application under CPR Rule 39.3 does not, of itself, … Continue reading Bank of Scotland v Pereira and Others: CA 9 Mar 2011

Ahmed v Stanley A Coleman and Hill: CA 18 Jun 2002

The court considered the significance of CPR 52.13(2): ‘The restriction on second appeals is important because Parliament has made it clear that it wishes pretrial disputes in civil litigation to be dealt with, on the whole, at a level lower than this court. It may be that judges in the courts below may make orders … Continue reading Ahmed v Stanley A Coleman and Hill: CA 18 Jun 2002

Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001

The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in … Continue reading Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001

Thevarajah v Riordan and Others: SC 16 Dec 2015

The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015

London Borough of Hackney v Findlay: CA 20 Jan 2011

An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011

Berezovsky v Abramovich: ComC 6 Aug 2010

The claimant sought an order for enhanced disclosure. Judges: Gloster DBE J Citations: [2010] EWHC 2010 (Comm) Links: Bailii Statutes: Civil Procedure Rules 31.5(1) Jurisdiction: England and Wales Litigation Practice Updated: 29 August 2022; Ref: scu.425307

O’Brien v Seagrave and Another: ChD 23 Mar 2007

The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he … Continue reading O’Brien v Seagrave and Another: ChD 23 Mar 2007

Irwin and Another v Lynch and Another: CA 6 Oct 2010

The court considered an appeal against an order allowing an amendment outside the limitation period which would Judges: Lloyd, Wilson, Gross LJJ Citations: [2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364 Links: Bailii Statutes: Civil Procedure Rules 19.5, Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Cited … Continue reading Irwin and Another v Lynch and Another: CA 6 Oct 2010

R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002

The applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed. Held: The claim was re-instated. This was not the first occasion of default. Nevertheless, the rules listed several matters to be considered, and the judge must apply his mind … Continue reading R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002

Dring v Cape Intermediate Holdings Ltd: QBD 16 Jul 2020

The court was asked, on a reference back from the Supreme Court: ‘to determine whether the court should require [the interested party] to provide a copy of any other document placed before the judge and referred to in the course of the trial to [the applicant] . . in accordance with the principles laid down … Continue reading Dring v Cape Intermediate Holdings Ltd: QBD 16 Jul 2020

Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

Euler Hermes Sa v Mackays Stores Group Ltd: ComC 25 Jul 2022

Trial of a claim issued under Part 8 of the Civil Procedure Rules in which the Claimant seeks sums alleged to be due under a contract of indemnity or damages for breach of that contract along with declarations as to its entitlement. Judges: Philip Marshall QC (Sitting as a Deputy Judge of the High Court) … Continue reading Euler Hermes Sa v Mackays Stores Group Ltd: ComC 25 Jul 2022

Mitchell and Others v James and Others: CA 12 Jul 2002

The defendant had made an offer including an offer that each party bear their own costs. A later action led to an order on better terms, and the claimant sought costs on an indemnity basis. Held: The rules were generally incompatible with offers which included costs. Their purpose was to direct costs after a case … Continue reading Mitchell and Others v James and Others: CA 12 Jul 2002

Clarke v Coutts and Co: CA 17 Jun 2002

The respondent bank had obtained a charging order nisi against the applicant’s property. The applicant then obtained an order under s252 of the act requiring any further action against his estate to be stayed. The bank nevertheless obtained an order absolute. The claimant was not represented at that hearing. Several years later he sought to … Continue reading Clarke v Coutts and Co: CA 17 Jun 2002

Andrews v Retro Computers Ltd: SCCO 16 Jan 2019

Application for partial or total disallowance of the Claimants’ costs pursuant to rule 44.11(1)(b) of the Civil Procedure Rules 1998 (CPR); the Defendants allege ‘gross misconduct before and during the proceedings’. Citations: [2019] EWHC B2 (Costs) Links: Bailii Jurisdiction: England and Wales Costs Updated: 19 August 2022; Ref: scu.641805

Varsani v Relfo Ltd: CA 27 May 2010

The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had served notice of the proceedings at premises owned by the defendant … Continue reading Varsani v Relfo Ltd: CA 27 May 2010

Vaseeharan and Another v Uthayaranjan: ChD 21 May 2010

Each party sought summary judgment in the case Judges: Roth J Citations: [2010] EWHC 1083 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Lewis v Client Connection Ltd ChD 6-Jul-2011 The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant … Continue reading Vaseeharan and Another v Uthayaranjan: ChD 21 May 2010

Mireskandari v Associated Newspapers Ltd: QBD 4 May 2010

The claimant sued in defamation, but had failed to make disclosure of documents as ordered. He asked for the ‘unless’ order to be set aside, and the action re-instated saying that he had not had notice of the application for it. He also argued that the Sharp J was biased. Held: The fact that a … Continue reading Mireskandari v Associated Newspapers Ltd: QBD 4 May 2010

Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

Mark Smith v David Probyn, PGA European Tour Ltd: QBD 25 Feb 2000

The claimant had served proceedings on a representative without first checking that they had authority to accept service. This was discovered too late, and applied for an extension of time for service. The application was refused. The requirement to ensure that the person served had such authority was now clear, and the claim form must … Continue reading Mark Smith v David Probyn, PGA European Tour Ltd: QBD 25 Feb 2000

Vitol Sa v Capri Marine Ltd: ComC 29 Feb 2008

The court examined the scope of CPR 6.30(2) in the context of an application for service on an officer resident in Greece of an order for his examination under CPR 71. Held: CPR 6.30(2) was concerned with documents requiring to be served on parties to the proceedings. Judges: Tomlinson J Citations: [2008] EWHC 378 (Comm), … Continue reading Vitol Sa v Capri Marine Ltd: ComC 29 Feb 2008

Curtiss and Others v Zurich Insurance Plc: TCC 1 Jun 2022

Application of the first defendant (‘Zurich’), by notice dated 13 May 2022, for an order under CPR Practice Direction 57AC striking out the entirety of four witness statements served on behalf of the claimants and parts of other such witness statements on the grounds that they do not comply with the provisions of the Practice … Continue reading Curtiss and Others v Zurich Insurance Plc: TCC 1 Jun 2022

Marlton v Tectronix UK Holdings: ChD 10 Feb 2003

The court considered what was to be discovered under Part 31.4.1 of CPR. Pumfrey J expressly approved the commentary in the White Book: ‘A computer database which forms part of the business records for company is, in so far as it contains information capable of being received and converted into readable form, a document for … Continue reading Marlton v Tectronix UK Holdings: ChD 10 Feb 2003

Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others: ChD 8 Feb 2000

A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver did not, in the absence of explicit limitations to the contrary exhaust … Continue reading Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others: ChD 8 Feb 2000

Sampla and Others v Rushmoor Borough Council and Another: TCC 22 Oct 2008

The rejection of a Part 36 offer does not render it incapable of later acceptance. Judges: Coulson J Citations: [2008] EWHC 2616 (TCC) Links: Bailii Statutes: Civil procedure Rules Part 36 Jurisdiction: England and Wales Cited by: Cited – Gibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another CA 25-Jun-2010 … Continue reading Sampla and Others v Rushmoor Borough Council and Another: TCC 22 Oct 2008

Forcelux Ltd v Binnie: CA 21 Oct 2009

Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009

Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009

The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant … Continue reading Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009

O’Connor v Piccott and Another: PC 17 Feb 2010

(Jamaica) The parties agreed for the sale of land. The seller sought specific performance by the buyer. The buyer had said there was a problem of title. The appellant had failed to defend the proceedings, and appealed against judgment in default. Held: The very long history of events was not properly laid out before the … Continue reading O’Connor v Piccott and Another: PC 17 Feb 2010

Newman v Commissioner of the Police of the Metropolis: Admn 25 Mar 2009

The defendant appealed against the admission of evidence on the respondent’s application for a football bannng order. A witness statement was based on intelligence reports which meant that the witness could not be effectively examined by he defence. Held: The magistrates should have proceeded by admitting the evidence, and an appeal court would have been … Continue reading Newman v Commissioner of the Police of the Metropolis: Admn 25 Mar 2009

ST v BAI (SA) (T/A Brittany Ferries): CA 27 Jul 2022

Second appeal arising out of an application by the Appellant for an extension of time in which to serve a claim form pursuant to CPR 7.6(2). Judges: Lady Justice Simler Lord Justice Popplewell And Lady Justice Carr Citations: [2022] EWCA Civ 1037 Links: Bailii Statutes: Civil Procedure Rules 7.6(2), Athens Convention 2002 Jurisdiction: England and … Continue reading ST v BAI (SA) (T/A Brittany Ferries): CA 27 Jul 2022

Barr and Others v Biffa Waste Services Ltd: TCC 15 May 2009

The Claimants were the residents of a housing estate who applied for a Group Litigation Order to pursue their claim of nuisance and negligence against a waste contractor. The Defendant requested the disclosure of their ‘after the event’ insurance policy as a condition of the GLO. Held: The policy was disclosable both under CPR31.14 and … Continue reading Barr and Others v Biffa Waste Services Ltd: TCC 15 May 2009

In Re Banco Nacional De Cuba: ChD 7 Jun 2001

Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered such an application, it had to look not just at … Continue reading In Re Banco Nacional De Cuba: ChD 7 Jun 2001

EGC v PGF NHS Trust: QBD 19 Jul 2022

Application by the Claimant seeking the anonymisation of the parties in this litigation and corresponding reporting restrictions preventing the parties being identified. Held; Refused (retained subject to appeal) Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1908 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 11, Human Rights Act 1998 6, Civil Procedure … Continue reading EGC v PGF NHS Trust: QBD 19 Jul 2022

Flood v Times Newspapers Ltd and others: QBD 5 Mar 2009

The claimant police officer complained of an alleged defamation in an article published by the defendant. The defendant wished to obtain information from the IPCC to show that they were investigating the matter as a credible issue. The court considered applications relating to the disclosure of private materials given to the Independent Police Complaints Commission … Continue reading Flood v Times Newspapers Ltd and others: QBD 5 Mar 2009

Stockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009

The council appealed against a decision that the crown court had jurisdiction to extend the time for appeal against refusal of a private hire vehicle licence. Held: The court did not have the jurisdiction it used: ‘The terms of the section 300 of the Public Health Act 1936 are, in my view clear. A fixed … Continue reading Stockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009

Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007

The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007

Duchess of Sussex v Associated Newspapers Ltd: ChD 1 May 2020

Defendant’s application for strike out elements of claimant’s case – granted in part. Held: The court summarised the core principles in considering an application to strike out a defence, saying that it: ‘ . . calls for analysis of the statement of case, without reference to evidence. The primary facts alleged are assumed to be … Continue reading Duchess of Sussex v Associated Newspapers Ltd: ChD 1 May 2020

Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006

Appeals were made against interlocutory injunctions for alleged trade mark infringement. Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the time of the application, where reasonable grounds exist for believing that a fuller investigation into the facts … Continue reading Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006

Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008

The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the irregularity proved, but declined to set the order aside. The claimant now said that … Continue reading Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008

Chantry Estates (South East) Ltd v Anderson and Another: ChD 3 Oct 2008

The claimant sought specific performance of a contract for the sale of land. The purchase was under an option agreement. The option was exercisable on the grant of planning permission within a certain period, extensible in the case of an appeal. Held: The contract did not impose much by way of obligation on the buyer … Continue reading Chantry Estates (South East) Ltd v Anderson and Another: ChD 3 Oct 2008

PR Records Ltd v Vinyl 2000 Limited and others: ChD 15 Jan 2008

The defendant in the main action sought a third party costs order. Judges: Morgan J Citations: [2008] EWHC 192 (Ch) Links: Bailii Statutes: Civil Procedure Rules 48.2 Jurisdiction: England and Wales Cited by: Cited – Thomson v Berkhamsted Collegiate School QBD 2-Oct-2009 Costs were to be sought against third parties to the action. A pupil … Continue reading PR Records Ltd v Vinyl 2000 Limited and others: ChD 15 Jan 2008

Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004

The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004