A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
Interim payment of damages – order against two of four defendants – whether test for interim payment met. Peter Jackson, Stuart-Smith, Elisabeth Laing LJJ [2021] EWCA Civ 1408, [2021] WLR(D) 499 Bailii, WLRD, Judiciary Civil Procedure Rules 25.7(1)(c)(e) England and Wales Damages Updated: 29 December 2021; Ref: scu.668329
ECHR Article 6 Civil proceedings Article 6-1 Access to court Limitations on access to domestic courts to review recruitment procedure before European Patent Office when reasonable alternative procedure (arbitration) available: inadmissible Facts – The applicant, who is disabled, applied for a post as a patent examiner at the European Patent Office (EPO) in Munich. Although … Continue reading Klausecker v Germany (Dec): ECHR 6 Jan 2015
ECHR Article 8-1 Respect for private life Publication of parliamentary investigation into conduct of former Minister: inadmissible Article 6 Civil proceedings Article 6-1 Civil rights and obligations Complaints relating to parliamentary investigation into conduct of former Minister: inadmissible Facts – The case concerned the investigation by parliamentary authorities into the applicant, a former government minister, … Continue reading Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014
Application made pursuant to paragraph 32 of Practice Direction 52C to rely on a supplementary skeleton argument for the purposes of the present appeal. The context in which this application is made is an appeal by the claimant against an order of Mr Justice Eder in the exercise of his discretion under Civil Procedure Rules, … Continue reading Tchenguiz v Director of The Serious Fraud Office and Others: CA 13 Oct 2014
Application to set aside judgmententered after non-appearance by defendant but where he had submitted a request for an adjournment for sickness. Seymour QC J [2014] EWHC 3241 (QB) Bailii Civil Procedure Rules 39.3(5) England and Wales Litigation Practice Updated: 22 December 2021; Ref: scu.537518
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate. Held: In such cases the court must undertake a two stage examination. First it should look at the … Continue reading Home Office v Lownds (Practice Note): CA 21 Mar 2002
Whether to order restriction on the extent of cross examination of witnesses in substantial trial. [2005] EWCA Civ 889 Bailii Civil Procedure Rules 32.1(3) England and Wales Civil Procedure Rules, Litigation Practice Updated: 16 December 2021; Ref: scu.230010
The claimant and director appealed from orders associated with a finding of contempt of court. The Director, the case having been adjourned overnight during the course of his evidence, and despite warnings to the contrary had sought to communicate with his solicitors and counsel. He had then been remanded in custody overnight despite that that … Continue reading Hughes Jarvis Ltd v Searle and Another: CA 15 Jan 2019
Application for the first defendant to be committed for alleged contempt of court for having failed to make disclosure of documents as required by a court order.Whipple J said: ‘In this case, the extent to which the Defendants are in continuing breach is in issue. In resolving that factual issue, Mr Milner suggests that it … Continue reading VIS Trading Co Ltd v Nazarov and Others: QBD 18 Nov 2015
The Civil Procedure Rules could not change the substantive law. It therefore remained necessary for it to be shown that in addition to knowing that what was said was false, the party had to have known that what was being said was likely to interfere with the course of justice. No new category of contempt … Continue reading Malgar Ltd v R E Leach Engineering Ltd: ChD 1 Nov 1999
[2000] EWCA Civ B525, [2001] CP Rep 46 Bailii England and Wales Civil Procedure Rules Updated: 06 December 2021; Ref: scu.632184
One of the defendants had not been properly served by posting the proceedings to an address at which he stayed on his very occasional visits to London. The proceedings had not been issued for the purposes of service abroad, because at the time of deemed service under CPR 6 he was not physically within the … Continue reading Chellaram and Another v Chellaram and others (No 2): ChD 16 Apr 2002
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
‘These appeals raise questions as to the jurisdiction and the discretion of the court in relation to disclosure provided under CPR Part 31,[1] where senior officers, employees and ex-employees of companies have or may have used their personal electronic devices to send and receive work-related messages and emails.’ Sir Geoffrey Vos MR, Asplin, Green LJJ … Continue reading Phones 4U Ltd v EE Ltd and Others: CA 2 Feb 2021
The defendant had failed to comply in all respects with an ‘unless’ order. Held: The court gave relief under CPR 3.9 for two failures which the court described as ‘material in the sense that they were more than trivial’. They were ‘unintentional and minor failings in the course of diligently seeking to comply with the … Continue reading Wyche v Careforce Group Plc: ComC 25 Jul 2013
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders. Held: When making a strike-out order, there were two cardinal conditions at least one of which must be met. Either the unreasonable conduct has … Continue reading Blockbuster Entertainment Ltd v James: CA 25 May 2006
Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020
The claimants sought to have set aside statutory demands served to enforce judgmens, they said under a discrepancy. The order refusing their application should they said, have notified them of their right to appeal. Held: None of the applicable rules expressly required otification that an appeal was available. Newey J [2015] EWHC 932 (Ch), [2015] … Continue reading Clarke v Cognita Schools Ltd (T/A Hydesville Tower School): ChD 1 Apr 2015
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017
Application was made for leave to bring proceedings for contempt of court. David Richards J said that: ‘Allegations that statements of case and witness statements contain deliberately false statements are by no means uncommon and, in a fair number of cases, the allegations are well-founded. If parties thought that they could gain an advantage by … Continue reading Daltel Europe Ltd and others v Makki and others: ChD 3 May 2005
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance. Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson … Continue reading Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012
Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001
The claimant had been sued for the misuse of trademarks by selling motorcycles imported via a parallel market. It claimed that the defendant had filed false evidence in that action, and now appealed a refusal by the judge to bring contempt proceedings. The defendant argued that proceedings could only be brought with the consent of … Continue reading KJM Superbikes Ltd v Hinton: CA 20 Nov 2008
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010
A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim. Held: The rules made specific reference to cases in areas of law involving developing jurisprudence. This was one such, … Continue reading Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the restrictions in place. Assurances had been given by the home nations that on return they would not … Continue reading A and Others v The United Kingdom: ECHR 19 Feb 2009
What is ‘totally without merit’? The claimant had sought judicial review. Her case had been certified as being ‘totally without merit’, thus denying to her any opportunity to renew her application for leave at an oral hearing, leaving only recourse to a judge of the Court of Appeal to consider the papers and decide whether … Continue reading Grace, Regina (on The Application of) v Secretary of State for The Home Department: CA 9 Jun 2014
A payment in had been made, and a counter offer made by the claimant. The original offer was increased but rejected. The counter-offer was not withdrawn, and was then accepted by the defendant. On receipt of the acceptance, the claimant purported to withdraw the counter offer. The judge had held that since the offer had … Continue reading Gibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another: CA 25 Jun 2010
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The claimant sought disclosure under the 1998 Act by the defendant of records held by them. The respondent said that the information they held did not amount to data under the Act. Held: The information was contained in different formats, on paper, electronically and on CD, but was then brought together in a risk assessment. … Continue reading Johnson v The Medical Defence Union Ltd: ChD 3 Mar 2006
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against refusal of a strike out of the claim. The Court of Appeal said that it was … Continue reading Fairclough Homes Ltd v Summers: SC 27 Jun 2012
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order. Held: The court only has jurisdiction to make a wasted costs order when the impugned conduct has caused a waste of costs … Continue reading Media Cat Ltd v Adams and Others: PCC 18 Apr 2011
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The Revenue appealed against an order upholding that complaint. Held: The appeal succeeded. Section 139 allowed … Continue reading Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014
The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The bank requested that the claims be struck out. The claimants sought permission to amend their claims. Held: … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The defendants sought approval of their practice of making a written offer to the claimants rather than making a payment into court. The offer had been accepted but only after the defendant had purported to withdraw it.
Held: ‘it certainly is . .
Mummery J set out the correct approach to interpretation of double taxation agreements as laid down in Fothergill. He said ‘(1) It is necessary to look first for a clear meaning of the words used in the relevant article of the convention, bearing in . .
N was charged with VAT fraud. He was the joint owner of a company with his brother T each holding 50% of the shares. T was never charged. A restraint and receivership order was made against N, preventing the company from dealing in any way with its . .
The claimant sought repayment of loans. The judge had refused summary judgement, but ordered the defendant to pay a sum into court, failing which his defence would be struck out. The defendant appealed saying the condition for making a conditional . .
The claimant appealed against an order requiring him to deposit a substantial sum as security for costs for the bringing of his action for copyright infringement in respect of the Harry Potter series of books.
Held: The appeal failed. The . .
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
The defendant appealed against an order regarding the remuneration of a receiver appointed to administer a restraint order placed on the assets of the defendant under the 1988 Act on the basis of an allegation that the defendant had been involved in . .
The Court was asked whether CPR 21.10 has any application ‘where the claimant has brought a claim in contravention of CPR 21.2, so that in the eyes of the defendant and the court she appeared to be asserting that she was not under a disability?’
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Where Article 4 applies, a party must bring forward evidence on foreign law and cannot simply rely on a presumption that in the absence of evidence foreign law should be assumed to be the same as English law.
Simon J said: ‘ It is not consonant . .
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993
References: Times 04-Nov-2005, [2005] EWHC 2321 (Ch) Links: Bailii The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent prersonally in preparing their defences. Held: As professionals there was no reason to distinguish the … Continue reading Sisu Capital Fund Ltd and others v Tucker and others; 28 Oct 2005
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
