Search Results for: Civil Procedure Rules 81

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Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004

The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. Judges: Mr Justice Brooke Lord Justice Mance Lord Justice Dyson Citations: [2004] EWCA (Civ) 835, Times 08-Jul-2004, [2005] CP Rep 2, [2005] 1 Costs LR 18 Links: Bailii Statutes: … Continue reading Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004

Texuna International Ltd v Cairn Energy Plc: ComC 17 May 2004

Where the court concludes that it may be effectively impossible to enforce an order for payment of costs, then this situation would provide ‘an objective justification for the court exercising its discretion to make an order for payment of the full amount of the costs likely to be ordered against a claimant if unsuccessful in … Continue reading Texuna International Ltd v Cairn Energy Plc: ComC 17 May 2004

Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

Bim Kemi Ab v Blackburn Chemicals Ltd: CA 24 Jun 2003

It had been argued by the claimant in written submissions (although not maintained orally) that an order for payment of pre-judgment interest on costs should never be made. As to an award of interest on costs:- ‘In any event in principle there seems no reason why the Court should not do so where a party … Continue reading Bim Kemi Ab v Blackburn Chemicals Ltd: CA 24 Jun 2003

Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003

In each case claims had been late in being served and extensions in time were sought and refused. Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to serve, including mere oversight. The court’s discretion might then be exercised according … Continue reading Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003

Amalgamated Metal Trading Ltd v City of London Police Financial Investigation Unit and others: ComC 3 Apr 2003

The company provided trading services in financial futures. They became concerned as to the integrity of their client, and its relationship with shareholders and other companies where parties came to be arrested for fraud in the US. They sought a declaration that funds they had received were not the proceeds of criminal conduct. Held: The … Continue reading Amalgamated Metal Trading Ltd v City of London Police Financial Investigation Unit and others: ComC 3 Apr 2003

Tasyurdu v Secretary of State for the Home Department: CA 24 Mar 2003

The case was listed to be heard on the Monday. On the Friday before it had been settled. The court complained of the lawyers that they had not informed the court, and that consequently much of the judge’s time over the weekend had been wasted in preparatrion. The parties must recognise that a judge would … Continue reading Tasyurdu v Secretary of State for the Home Department: CA 24 Mar 2003

Douglas and Others v Hello Ltd and others: CA 3 Mar 2003

Statements had been obtained from a witness by the claimants, but not included amongst the evidence. At a point during the trial, a defendant asked for and was given leave to include the evidence. He now appealed leave given to the claimant to cross examine the witness having taken the statement themselves. Held: One purpose … Continue reading Douglas and Others v Hello Ltd and others: CA 3 Mar 2003

Phillips v Commissioner of Police of the Metropolis: CA 20 Mar 2003

In a claim aganst the police, it had become apparent that some parts of the trial would require the examination of detailed documents. The defendant appealed a refusal of its request for the matter to be heard without a jury. Held: The Act and the Rules explicitly acknowledged the possibility of splitting a trial between … Continue reading Phillips v Commissioner of Police of the Metropolis: CA 20 Mar 2003

Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003

The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members. Held: The right to issue representative actions varies with the nature … Continue reading Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003

Robert v Momentum Services Ltd: CA 11 Feb 2003

The claimant appealed against an order refusing an extension of time for service of her particulars of claim. She had made the application before the period expired. Held: The rules made a clear distinction between applications made before time expired and those made afterwards. For the latter the rules laid down a checklist. It was … Continue reading Robert v Momentum Services Ltd: CA 11 Feb 2003

Wilkey and Another v British Broadcasting Corporation and Another: CA 22 Oct 2002

The applicant’s claim had been dismissed for late service. The defendant had in fact received the documents, but the service appeared deemed to be out of time. The subsequent decisions of Anderton and Godwin meant that the judge’s reasoning no longer applied. Held: In such cases the discretion available to the court under the rules … Continue reading Wilkey and Another v British Broadcasting Corporation and Another: CA 22 Oct 2002

Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002

A case had been originally dealt with under the fast track procedure, but after amendment, the amount at stake came to exceed andpound;15,000. Held: It was permissible for a judge to continue to deal with a matter under the procedure. Relevant factors are the amount by which the claim comes to exceed the limit, and … Continue reading Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002

Shyam Jewellers Limited v M Cheeseman: CA 29 Nov 2001

The parties contracted for building work to the claimant’s shop. The shop-keeper had been regularly late in making stage payments. Eventually the contractor repudiated the contract part way through. The judge proposed a decision on a preliminary issue as to who had repudiated the contract, but one party was not available to be examined in … Continue reading Shyam Jewellers Limited v M Cheeseman: CA 29 Nov 2001

Godwin v Swindon Borough Council: CA 10 Oct 2001

The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The defendant had claimed that the rules deemed service on the second … Continue reading Godwin v Swindon Borough Council: CA 10 Oct 2001

Halabi v London Borough of Camden: ChD 14 Feb 2008

Ms Halabi applied to annul her bankruptcy order, made for non payment of her rates. She applied within approximately 6 months of her adjudication. Her bankrupt estate was solvent but illiquid. She had not previously appreciated that she had sufficient equity in her property (over andpound;70k) to borrow sufficient to discharge her debt. Held: The … Continue reading Halabi v London Borough of Camden: ChD 14 Feb 2008

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Colley v Council for Licensed Conveyancers: CA 17 Jul 2001

The applicant had sought to exercise his statutory right of appeal from a decision by his professional body. The judge had considered that leave was necessary under the rules, and granted limited permission. The applicant appealed, saying that his statutory right of appeal could not be limited except by clear and specific provision. The court … Continue reading Colley v Council for Licensed Conveyancers: CA 17 Jul 2001

A Local Authority v A Mother and Child: CA 20 Dec 2000

A solicitor claimed the sum of andpound;59.00 for the cost of preparing his legal aid bill for assessment. The court had disallowed the costs of an in-house costs draftsman preparing the bill. The Costs Procedure Rules would generally allow something toward such a charge. The Court of Appeal had given leave to appeal although the … Continue reading A Local Authority v A Mother and Child: CA 20 Dec 2000

Hannigan v Hannigan: CA 18 May 2000

The widow appealed against strike out of her claim under the 1975 Act. It had been filed with several mistakes and only just in time. Held: Her appeal succeeded. Though the defects were real and to be deplored, the paperwork contained all the necessary information: ‘The ‘quirky’ petition was filed at the Stafford County Court … Continue reading Hannigan v Hannigan: CA 18 May 2000

G and G v Wikimedia Foundation Inc: QBD 2 Dec 2009

The claimants sought an order that the defendants, an internet company in Florida, should disclose the IP address of a registered user of the site with a view to identifying the user and pursuing an action against him or her. Held: Tugendhat J said: ‘Hearings in private under CPR 39.2 (3) and orders under CPR … Continue reading G and G v Wikimedia Foundation Inc: QBD 2 Dec 2009

James v Baily Gibson and Co (a firm): CA 30 Oct 2002

The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed. Held: The court … Continue reading James v Baily Gibson and Co (a firm): CA 30 Oct 2002

Millharbour Management Ltd and Others v Weston Homes Ltd and Another: TCC 22 Mar 2011

The court was asked as to the circumstances in which a party can effectively secure that it acts as a representative on behalf of other persons who are not parties to the proceedings. Judges: Akenhead J Citations: [2011] 3 All ER 1027, [2011] EWHC 661 (TCC) Links: Bailii Statutes: Civil Procedure Rules 19.6(1) Jurisdiction: England … Continue reading Millharbour Management Ltd and Others v Weston Homes Ltd and Another: TCC 22 Mar 2011

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Peer International Corp and others v Termidor Music Publishers Ltd and Another: ChD 25 May 2005

The claimants sought declarations as to the ownership of copyrights to music fom Cuba. Many witnesses would be required to give evidence from Cuba. Attempts to take evidence by video link from Cuba had failed. It was suggested that the judge might travel to Cuba to take evidence as necessary, even though the claimant did … Continue reading Peer International Corp and others v Termidor Music Publishers Ltd and Another: ChD 25 May 2005

Lloyd v McMahon: HL 12 Mar 1987

The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987

Brennan v ECO Composting Ltd and Another: QBD 7 Dec 2006

The defendants had paid money into court to settle the claim. The claimant sought payment also of all the interest earned by it. The claimant was a patient suing by his next friend. Held: He was entitled to the interest only from the time when he accepted the money even if that had been delayed … Continue reading Brennan v ECO Composting Ltd and Another: QBD 7 Dec 2006

Safeway Stores Plc v Albert Tate: CA 18 Dec 2000

The respondent, a neighbour of the claimant, had fallen into dispute with the claimant, and issued a leaflet and signs alleging fraud. The claimants obtained an injunction, and in the absence of a substantive defence, judgement. He claimed that the judgement had deprived him of his right to a jury trial because the case involved … Continue reading Safeway Stores Plc v Albert Tate: CA 18 Dec 2000

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Tennero Ltd v Arnold: QBD 6 Jul 2006

The court considered an application for permission to appeal. The Defendant had not attended the trial, but had applied by letter for an adjournment, which was refused. The trial proceeded and resulted in an order against the Defendant. He applied unsuccessfully under rule 39.3(3) to set the judgment aside, and he also appealed in effect … Continue reading Tennero Ltd v Arnold: QBD 6 Jul 2006

Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Haq v Singh and Another: CA 25 May 2001

The claimant had been made bankrupt, and when she sued the defendant, was challenged as to her standing. She obtained an assignment of the right of action from her trustee in bankruptcy. She then sought to amend her pleadings under the rule. It was held that ‘capacity’ in this context required some alteration from one … Continue reading Haq v Singh and Another: CA 25 May 2001

Bristol-Myers Squibb Company v Baker Norton Pharmaceuticals Inc and Another: CA 26 Apr 2001

The slip rule could not be used by the court to add second thoughts to a judgment, but could be used by the court to amend the judgment to give effect to the court’s original intention. In this case the effect of an appeal was to restart the running of interest from the date of … Continue reading Bristol-Myers Squibb Company v Baker Norton Pharmaceuticals Inc and Another: CA 26 Apr 2001

Sartipy (Aka Hamila Sartipy) v Tigris Industries Inc: CA 1 Mar 2019

The claim had been struck out on the basis that the claimant was a proxy for a person against whom an extended civil restraint order had been made. The claimant had herself been made to an ECRO. The point allowed to come to appeal was whether such an order was available when the claimant had … Continue reading Sartipy (Aka Hamila Sartipy) v Tigris Industries Inc: CA 1 Mar 2019

Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003

The claimant had begun proceedings for the return of money held by the respondent. His action was stayed for inactivity, and the respondent later had the claim struck out on the basis that it would be an abuse of process to proceed. Held: The claim could still be tried without unfairness, and accordingly it should … Continue reading Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003

HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc): CA 26 Apr 2000

Following a trial, and before the judgment was delivered, the parties arranged to meet and settled their dispute. The judges and the court were not advised and continued to take the trouble of preparing the now nugatory judgment. The legal representatives had a clear duty to inform the court of such happenings in order to … Continue reading HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc): CA 26 Apr 2000

Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000

An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions … Continue reading Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000

Bank of Credit and Commerce International Sa (In Liquidation) v Ali and Others (No 4): CA 2 Mar 2000

The claimant and his former employers had compromised the employee’s claim for damages, but the claimant then sought to sue for stigma damages after these were awarded elsewhere. The general language of the release was sufficiently comprehensive to embrace the claims which Mr Naeem sought to pursue. Held: Since all the claims known to the … Continue reading Bank of Credit and Commerce International Sa (In Liquidation) v Ali and Others (No 4): CA 2 Mar 2000

Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002

The landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1). Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could … Continue reading Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002

A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

The case asked how cases involving disputes as to the care of children, and of the treatment of adults claimed to be mentally incompetent. Where the issues were solely ones of public law, then they should be heard by way of judicial review in the QBD. Where any private law issues arose, they should be … Continue reading A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

Black v Sumitomo Corporation: CA 3 Dec 2001

The claimants proposed pre-action discovery which was resisted. Held: A purpose of pre-action disclosure is to assist those who need disclosure as a vital step in deciding whether to litigate at all or to provide a vital ingredient in the pleading of their case. The rules required first that disclosure would be desirable in the … Continue reading Black v Sumitomo Corporation: CA 3 Dec 2001

Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Where a judge, on an oral application, gave leave to appeal, but limited it to certain issues, it was not for the party on the later substantive appeal to try again to re-open issues which that judge had considered and excluded. Once leave to appeal had been granted after first written and then oral submissions, … Continue reading Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999

Where an action was commenced before the new rules came into effect, but an application to strike out an action was issued and decided after they came into effect, that application could not be decided under the old rules. The new rules applied fundamentally different tests, and these tests had to be applied.Assessment of respective … Continue reading Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999

Royal and Sun Alliance Insurance Plc and Others v Textainer Group Holdings Ltd and Others: ComC 26 Jul 2021

Judgment following a Case Management Conference, at which was also listed the Claimants’ application for orders under CPR 19.6(1)(b) that the First Claimant be permitted to act as representative of four other insurers who participated as followers in the Primary Policy in issue in this case, and that RSA also be permitted to act as … Continue reading Royal and Sun Alliance Insurance Plc and Others v Textainer Group Holdings Ltd and Others: ComC 26 Jul 2021

GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1): CA 21 Jan 2000

It was arguable that a defendant in defamation proceedings could pray in aid in his claim for qualified privilege circumstances not known to him at the time of the publication: ‘there was a real, if problematic, prospect of success.’May LJ said: ‘the existence or otherwise of qualified privilege is to be judged in all the … Continue reading GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1): CA 21 Jan 2000

In re T (Children): SC 25 Jul 2012

The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house for legal costs. Despite being exonerated, the judge followed the normal practice of not awarding costs … Continue reading In re T (Children): SC 25 Jul 2012

Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016

Appeal from Order joining party for purposes of third party costs order. Judges: Moore-Bick VP, Lewison, Simon LJJ Citations: [2016] EWCA Civ 23, [2016] CP Rep 17, [2016] 4 WLR 17, [2016] WLR(D) 25 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: Approved – Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola … Continue reading Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016

Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Turner v Grovit and others: CA 28 May 1999

A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction … Continue reading Turner v Grovit and others: CA 28 May 1999

Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999

It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999

Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000

An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker. Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the … Continue reading Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Regina (G) v Ealing London Borough Council and Others: QBD 28 Feb 2002

Nothing in the new rules prevented the court from allowing cross examination of witnesses in judicial review cases, though the procedure does not lend itself to cases with a high degree of factual debate. The court has a wide discretion, and the Wilkinson case seems to imply this. This applies notwithstanding that Part 54 appeared … Continue reading Regina (G) v Ealing London Borough Council and Others: QBD 28 Feb 2002

Howlett v Howlett and Another: CA 30 Oct 2017

This appeal concerns CPR 44.16, which deals (as its heading indicates) with ‘Exceptions to one-way costs shifting where permission required’ Judges: Lewison, Beatson, Newey LJJ Citations: [2017] EWCA Civ 1696 Links: Bailii Statutes: Civil Procedure Rules 44.16(1) Jurisdiction: England and Wales Costs, Civil Procedure Rules Updated: 01 April 2022; Ref: scu.598464

Fourie v Le Roux and others: HL 24 Jan 2007

The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007

Riva Bella SA v Tamsen Yachts Gmbh: ComC 12 Sep 2011

Application by the claimant pursuant to CPR 40.12(1) to correct the order made following the trial in this action Judges: Mr Justice Eder Citations: [2011] EWHC 2338 (Comm) Links: Bailii Statutes: Civil Procedure Rules 40.12(1) Jurisdiction: England and Wales Litigation Practice Updated: 23 March 2022; Ref: scu.449894

Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979

An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

M v M (Breaches of orders: Committal): CA 28 Jul 2005

The mother sought to appeal refusal of a judge to commit the father for contempt in not complying many times with court orders related to residence and contact. Held: Leave was required for such an appeal. The rules distinguished between an appeal against a committal where leave was not required, and against any other order … Continue reading M v M (Breaches of orders: Committal): CA 28 Jul 2005

Turner v Grovit and others: HL 13 Dec 2001

The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001

Parker v C S Structured Credit Fund Ltd and another: ChD 12 Feb 2003

The claimant alleged a breach of a share sale agreement, and sought information in advance of discovery. Held: The court’s power to order information to be provided in anticipation of discovery was not to be used as a fishing expedition. The Gidrxsime case did not establish a free standing right to order disclosure. There must … Continue reading Parker v C S Structured Credit Fund Ltd and another: ChD 12 Feb 2003

IG Index Plc v Cloete: QBD 11 Dec 2013

The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use of disclosed information. The defendant said that the information had been … Continue reading IG Index Plc v Cloete: QBD 11 Dec 2013

Sahyouni v Mamisch: ECJ 12 May 2016

ECJ (Order) Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Judicial cooperation in civil matters – Regulation (EU) No 1259/2010 – Scope – Recognition of a private divorce pronounced by a religious court in a third country – Manifest lack of jurisdiction of the Court C-281/15, … Continue reading Sahyouni v Mamisch: ECJ 12 May 2016

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014

The bank had brought possession proceedings against the defendant under two legal charges securing personal guarantees. The proceedings had been abandoned, but the court now was asked whether costs for the defendant should be on the standard or indemnity basis. The defendant argued that the proceedings had been brought for a collateral purpose and were … Continue reading The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but asserting expressly that they did not submit to the jurisdiction of the court. The claimants said that the … Continue reading Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

Abela and Others v Baadarani and Another: ChD 28 Jan 2011

The claimant sought damages alleging inter alia fraud by the defendant in a company sale between the parties. The defendant now sought to have set aside the service on him in Lebanon, saying that The English court was not the forum coveniens. He also said that the claim was out of time. Held: The application … Continue reading Abela and Others v Baadarani and Another: ChD 28 Jan 2011

Jones v Longley and Others: ChD 20 Nov 2015

The court had made an order removing one executor, though with no criticism. It now considered its order for costs, all parties seeking costs in their favour. Held: The two personal representatives could not be expected to continue to work together, and at least one must go. Master Matthews said: ‘there are not two sets … Continue reading Jones v Longley and Others: ChD 20 Nov 2015

Hoddinott and others v Persimmon Homes (Wessex) Ltd: CA 21 Nov 2007

The claimant had issued proceedings and the defendant filed an acknowledgement, and then argued that the court had no jurisdiction. The claimant appealed against an order declining jurisdiction. Held: Where a party filed an acknowledgement, that was an acceptance of the court’s jurisdiction unless at the same time it was made clear that the acknowledgement … Continue reading Hoddinott and others v Persimmon Homes (Wessex) Ltd: CA 21 Nov 2007

Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered. Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create … Continue reading Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

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

Long v Value Properties Ltd and Another: ChD 30 Sep 2014

This appeal raises the following questions (i) whether a breach of the CPR has occurred here, (ii) if so, what is the applicable sanction, if any, for that breach, and (iii) whether relief from any such sanction should be granted. Barling J [2014] EWHC 2981 (Ch) Bailii Civil Procedure Rules 3.9 England and Wales Costs, … Continue reading Long v Value Properties Ltd and Another: ChD 30 Sep 2014

Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers … Continue reading Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

Home Office v Lownds (Practice Note): CA 21 Mar 2002

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

Douherty v The Chief Constable of Essex Police: CA 30 Jan 2019

The appellant had been committed for contempt being said to have broken a gangs control order made under the 2009 Act. He had not been advised of his right to legal aid for representation. Green, Nicola Davies DBE LJJ [2019] EWCA Civ 55 Bailii Administration of Justice Act 1960 13, Policing and Crime Act 2009, … Continue reading Douherty v The Chief Constable of Essex Police: CA 30 Jan 2019

Hughes Jarvis Ltd v Searle and Another: CA 15 Jan 2019

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

VIS Trading Co Ltd v Nazarov and Others: QBD 18 Nov 2015

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

Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 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

Cutts v Head and Another: CA 7 Dec 1983

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

Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006