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
An application was made to strike out the claim when the action had begun nearly 14 years before, but had not yet concluded. The defendant argued that the delay amouned to an abuse of process. Additionally the parties disputed the admission of expert evidence. The defendant argued that the claimant’s expert had gone beyond his … Continue reading Wearn (T/A Jonathan Wearn Productions) v HNH International Holdings Ltd: ChD 29 Oct 2014
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
The claimants sought to issue election petitions to challenge the results of local elections. The petitioners had complied with all the rules save that they had failed to serve the notice of presentation within the five day period. The claimants argued that the Civil Procedure Rules took sway over the Election Rules, and that the … Continue reading Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 Dec 2002
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
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 defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in person, but had since been advised that he … Continue reading Kojima v HSBC Bank Plc: ChD 22 Mar 2011
kier_cityTCC2008 The claimant sought to make final an interim third party debt order. The defendants sought a stay of the enforcement. Coulson J [2008] EWHC 2454 (TCC) Bailii Civil Procedure Rules 72 Citing: Cited – Roberts Petroleum Ltd v Bernard Kenny Ltd HL 2-Jan-1983 The plaintiff supplied petrol to the defendant but had not been … Continue reading Kier Regional Ltd (T/A Wallis) v City and General (Holborn) Ltd and others: TCC 17 Oct 2008
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
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
A claim was issued in London in December 2004, and then served in part in Switzerland in January 2005. One copy was removed from the bundle by a Swiss official, seeing that it had been marked ‘Nor for service out of the jurisdiction.’ That marking had been in error. After proceedings were then issued in … Continue reading Nussberger and Another v Phillips and Another (No 4): CA 19 May 2006
The defendant appealed against a refusal to strike out the claimant’s action saying that the claimant had been involved in a fraud upon the court in an earlier associated claim. Held: The Rule gave no power to strike out a claim on such a basis. The dishonest assertion of a claim by a co-claimant did … Continue reading Shah v Ul-Haq and Others: CA 9 Jun 2009
(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
Anonymity in Family matters at CA isexceptional In ancillary relief proceedings at first instance, the court had provided for anonymity of various parties. On appeal, W, with the consent of H now sought a further freestanding order to similar effect. Held: The application was allowed. Though at the Court of Appeal the starting point was … Continue reading XW v XH: CA 2 Apr 2019
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015
Rule Against Appeal was Ultra Vires W had applied to have set aside the consent order made on her ancillary relief application accusing the husband of material non-disclosure. She complained that her application to have the order varied had been refused on the ground that her only remedy was in an appeal. Held: The appeal … Continue reading CS v ACS and Another: FD 16 Apr 2015
Breach of Undertaking went Beyond Debt The tenant had obtained a stay of execution of a warrant for possession, by undertaking to discharge the arrears. He failed to pay, and the Court now considered whether such a failure was a contempt with a possible imprisonment for punishment. The tenant appealed from such an order saying … Continue reading Hussain v Vaswani and Others: CA 18 Sep 2020
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999
The defendant applied to the court for various officers of the cliamant companies to be subject to contempt proceedings. The claimants asked the court to strike of the defendant’s counterclaim and to make a civil restraint order against him. There had been long standing disputes between them. Held: The court found that the initial threshold … Continue reading Stobart Group Ltd and Others v Elliott: QBD 11 Apr 2013
This case concerns a claimant with fluctuating capacity to conduct legal proceedings. At a time when she had capacity, she retained a firm of solicitors under a conditional fee agreement. The issue was whether the CFA terminated automatically by reason of frustration when she subsequently lost capacity, so that it did not govern the continued … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 27 Jan 2015
Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
(De Laval Ltd, Part 20 defendant) (Practice Note) Several parties applied for relief from sanctions, having been refused at first instance: Held: The court identified a three stage process. It should first calculate the seriousness and or significance of the breach. If it is not serious or substantial, the further steps may be taken less … Continue reading Denton and Others v TH White Ltd and Others: CA 4 Jul 2014
outasightEAT201411 EAT Practice and Procedure: Review – Reconsideration – Rule 70 Schedule 1 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 – fresh evidence – interests of justice Having lost his claim for wrongful dismissal/breach of contract before the Employment Tribunal, the Claimant applied for a reconsideration of that Judgment on the basis that … Continue reading Outasight VB Ltd v Brown: EAT 21 Nov 2014
The claimant applied for judicial review of a decision of a Magistrates Court to convict her of driving with excess alcohol. The grounds were that the district judge acted unlawfully in proceeding with the trial without disclosure by the prosecution of CCTV film of the custody suite. The court had refused permission to proceed with … Continue reading Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016
The court considered the practice on claims for hire of a replacement car on credit terms after a road traffic accident. The defendant resisted paying for the credit where the claimant could have hired without a credit arrangement. The defendants also sought to bring new evidence of dishonesty in the system at issue. Held: Retrials … Continue reading Dickinson and Others v Tesco Plc and Others: CA 4 Feb 2013
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and in particular the roles of Data Protection law and the Civil Procedure Rules. Held: The Council’s … Continue reading Durham County Council v Dunn: CA 13 Dec 2012
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000
AL Smith LJ said: ‘The matter [ie, of interpleader] now depends upon the provisions of Order LVII, r.1’ . .
The claim related to the alleged infringement of a patent. There had been a split trial, with liability being tried first. The court considered the costs implications.
Held: Henderson J said: ‘Where there is a split trial (which I understand . .
The claimant had been involved in patent infringement proceedings. Papers had been disclosed to them under confidentiality conditions imposed by the judge. In these subsequent proceedings, they sought leave to use the material.
Held: An order . .
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
The claimants appealed against summary judgment striking out their claim against the first defendant firm of solicitors, on the basis that they had no real prospect of establishing that another defendant was or had held himself out to be a partner . .
Lord Denning MR said that the Rules Committee ‘can make rules for regulating and prescribing the procedure and practice of the Court, but cannot alter the rules of evidence.’ Public policy protects against disclosure any documents which relate to . .
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, a child, had sought damages. An agreement was made to compromise the claim. Later the child sought to withdraw from it.
Held: No court order had been made to approve the compromise, and therefore no binding arrangement existed. . .
This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.
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 . .
References: [1982] 126 SJ 625 Coram: Lord Lane CJ Ratio: The court discussed the function of the coroner and his inquest. Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise when … Continue reading Regina v South London Coroner ex parte Thompson; 8 Jul 1982
References: [2005] HCA 12, (2005) 223 CLR 1, (2005) 214 ALR 92, (2005) 79 ALJR 755 Links: Austlii (High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First … Continue reading D’Orta-Ekenaike v Victoria Legal Aid; 10 Mar 2005
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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
