Applications for civil proceedings orders. Citations: [2005] EWHC 3033 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 26 July 2022; Ref: scu.238161
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up. Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. … Continue reading Re International Tin Council: CA 1989
The plaintiff claimed for exposure to asbestosis. The parties could not agree as to his prognosis, and he claimed provisional damages. A written offer for provisional damages was made and accepted. The plaintiff requested judgment lodging a statement of medical facts. Held: There was sufficient evidence of an agreement satisfying the requirements of the Act. … Continue reading Hurditch v Sheffield Health Authority: CA 1989
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
The Lord Chancellor was right to disallow a judge from conducting a second trial after he had been promoted to the Court of Appeal. Citations: Times 27-Jun-1996 Statutes: Supreme Court Act 1981 9 Jurisdiction: England and Wales Criminal Practice Updated: 21 July 2022; Ref: scu.87217
The court considered the addition of a defendant under the 1981 Act after the main judgment had been unsatisfied on the insolvency of the first defendant. Judges: Andrew Smith J Citations: [2008] EWHC 2287 (Comm), [2009] 1 BCLC 662 Links: Bailii Statutes: Supreme Court Act 1981 51 Citing: Cited – Equitas Ltd and Another v … Continue reading Equitas Ltd and Another v Horace Holman and Company Ltd and Another: ComC 3 Oct 2008
The Attorney General sought orders under section 42 as to the defendants. Judges: Richards LJ, Mackay J Citations: [2008] EWHC 2066 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 19 July 2022; Ref: scu.276237
Application for third party costs order. Judges: David Richards J Citations: [2008] EWHC 939 (Ch) Links: Bailii Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Costs Updated: 18 July 2022; Ref: scu.267418
The defendant sought a wasted costs order against the claimant’s solicitors. Judges: Field J Citations: [2007] EWHC 1656 (QB), [2007] PNLR 31 Links: Bailii Statutes: Supreme Court Act 1981 51(6) Jurisdiction: England and Wales Costs Updated: 17 July 2022; Ref: scu.347410
Application for pre-action disclosure. Judges: David Richards J Citations: [2008] EWHC 745 (Ch) Links: Bailii Statutes: Supreme Court Act 1981 33(2) Jurisdiction: England and Wales Litigation Practice, Intellectual Property Updated: 17 July 2022; Ref: scu.269726
Mr Comninos challenged the jurisdiction of the court to have made an order for costs made against him. Judges: Simon Brown LJ, Waller LJ, Tuckey LJ Citations: [1999] EWCA Civ 3019, [2000] 1 All ER 37, [1999] 2 All ER (Comm) 673, [2000] 1 Lloyd’s Rep 129, [2000] 1 WLR 603, [2000] Lloyd’s Rep IR … Continue reading Comninos v Prudential Assurance Company Ltd (The Ikarian Reefer no 2): CA 12 Oct 1999
The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by neighbouring farmers and was to be stored properly during the working day. Held: … Continue reading Skipaway Ltd v The Environment Agency: Admn 5 May 2006
The claimant sought leave to appeal refusal of access to the will of Princess Margaret. He wished to prove that he was her illegitimate son. The will had been subject to an order providing that its contens were not to be published. Held: ‘Sections 124 and 125 of the 1981 Act deal with access to … Continue reading Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others: CA 8 Feb 2008
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007
Application for indemnity costs after grant of freezing order. Judges: Warren J Citations: [2007] EWHC 469 (Ch) Links: Bailii Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Litigation Practice, Costs Updated: 10 July 2022; Ref: scu.250015
Application for vexatious litigant order. Citations: [2006] EWHC 3484 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Litigation Practice Updated: 09 July 2022; Ref: scu.249138
Application for disclosure against a non-party. Citations: [2006] EWHC 2756 (TCC) Links: Bailii Statutes: Supreme Court Act 1981 34, Civil Procedure Rules 1998 31.17 Litigation Practice, Civil Procedure Rules Updated: 08 July 2022; Ref: scu.246935
Application for vexatious litigant order. Judges: Langstaff J Citations: [2006] EWHC 2207 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 41 Litigation Practice Updated: 08 July 2022; Ref: scu.246770
Application for third party costs order. Judges: David Richards J Citations: [2006] EWHC 2123 (Ch) Links: Bailii Statutes: Supreme Court Act 1981 51(3) Jurisdiction: England and Wales Costs Updated: 07 July 2022; Ref: scu.244234
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence. Held: Though such an order would be exceptional, sufficient grounds had been shown in this case. Judges: Morison J Citations: [2006] EWHC … Continue reading Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006
The defendants appealed against an order that a defamation trial should proced before a judge alone. Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the need for a jury trial; but a question relating to a person’s ‘fitness for … Continue reading Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997
The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on his part to allow such an order. Held: ‘It is not a requirement … Continue reading BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005
Citations: [2005] EWHC 1534 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Citing: Cited – Harkness v Bell’s Asbestos and Engineering Limited CA 1966 The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to … Continue reading Johnson, Regina (on the Application Of) v Attorney General: Admn 29 Jun 2005
There had been complex multi-party litigation in England. The appellants sought discharge from an anti-suit injunction restraining them from taking some issues to their home court, Georgia in the USA. They contended that the reasons which surrounded the original reasons for litigation in London had now been discharged. Held: The section creates the power to … Continue reading Exter Shipping Ltd Stanley Shipping Ltd Wyndham Shipping Ltd Crest Shipping Ltd v Glencore International Ag: CA 18 Apr 2002
Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Judges: Mr Justice Colman Citations: [2005] EWHC 454 (Comm) Links: Bailii Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005
Application for civil proceedings order Judges: Rose LJ, Leveson J Citations: [2004] EWHC 2794 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 27 June 2022; Ref: scu.220113
Application for leave to appeal against vexatious litigant order. Citations: [2001] EWCA Civ 1981 Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Litigation Practice Updated: 27 June 2022; Ref: scu.218620
The defendant firm of solicitors appealed a wasted costs order. Held: The jurisdiction to make a wasted costs order was to be used for breaches of duty to the court. It was not proper to make one where, as here, the failure was merely a failure in a duty to his client to act in … Continue reading Radford and Co v Charles and Another: ChD 5 Nov 2003
The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997
Application by KAC, Kuwait Airways Corporation, for an order pursuant to Section 51 of the Supreme Court Act 1981, and to CPR part 48.2, that the costs of four actions, namely 1991 folio 69 and 2587, 2000 folio 1137 and 2003 folio 223, all of which had been brought by the claimant, KAC, against Iraqi … Continue reading Kuwait Airways Corporation v Iraqi Airways Company: TCC 16 Jul 2008
Application under section 37(1) of the Supreme Court Act 1981 to appoint a receiver. Judges: Goldring J Citations: [2001] EWHC 2003 (QB) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 23 June 2022; Ref: scu.331020
Each defendant had appealed. The appeals had been heard but the decisions not announced. One of the judges, Lord Justice Kay died. Held: It was not open to the remaining judges to announce their decisions, whatever discussions had taken place before His Lordhsip’s death. The jurisdiction of the court was statutory, and that jurisdiction required … Continue reading Regina v Coates; Regina v Graves; Regina v Terry: CACD 30 Jul 2004
The claimant had in the course of proceedings obtained an order requiring an employee of the third party to attend as a witness. That third party now sought to be joined so as to claim its costs. Held: The Act and the rules allowed the court to make an order for costs against a party … Continue reading Individual Homes Ltd v Macbream Investments Ltd: ChD 23 Oct 2002
There was no power to make an order for wasted costs against a solicitor who had not been acting in a matter when proceedings were issued. Delays eventually led to the dismissal of a medical negligence case for limitation. The defendant authority sought their lost costs against the firm. The true test was whether the … Continue reading Byrne v Sefton Health Authority: CA 22 Nov 2001
The appellant challenged an order declaring him a vexatious litigant, saying that the order had been made by a court of two judges, where the Act required that only one judge should sit. Held: Only a single judge of the Hight Court has jurisdiction to hear such an application. Citations: Times 12-Jun-1984 Statutes: Supreme Court … Continue reading In Re Fletcher: CA 12 Jun 1984
Request for vexatious litigant orders Citations: [2004] EWHC 2057 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 13 June 2022; Ref: scu.201623
Costs had been awarded against the third party, the parent company of the defendant. Leave to appeal was sought. Held: It was arguable that the judge had not taken into account properly the interest of the company in protecting the interests of creditors and not just itself. Leave was given. Judges: Kay LJ, Keene LJ … Continue reading Pegler Ltd v Wang (Uk) Ltd and Another: CA 18 Jun 2001
vexatious litigant allegation Citations: [2003] EWHC 2144 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 10 June 2022; Ref: scu.220577
Application for vexatious litigant order Citations: [2003] EWHC 3190 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Litigation Practice Updated: 08 June 2022; Ref: scu.191219
Application by HM Attorney General, pursuant to section 42 of the Supreme Court Act 1981, for a civil proceedings order against Mr Alexander. The basis of the claim is that Mr Alexander has habitually and persistently and any without reasonable ground instituted vexatious civil proceedings, and made vexatious applications within civil proceedings, whether instituted by … Continue reading Attorney General v Alexander: Admn 26 Nov 2003
Citations: [2003] EWHC 2930 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Litigation Practice Updated: 08 June 2022; Ref: scu.189120
The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making applications totally devoid of merit. The courts are facing very serious contemporary problems created by the activities of litigants who bombard them with applications which have no merit at all. The court made an … Continue reading Bhamjee v Forsdick and Others (No 2): CA 25 Jul 2003
Judges: Brooke, Carnwath LJJ Citations: [2003] EWCA Civ 799 Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Citing: See also – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003 The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making … Continue reading Bhamjee v Forsdick and others: CA 14 May 2003
The firm of solicitors challenged a wasted costs order. The order had been made on the basis that they had persisted with a case which the court had told them was misconceived, and had acted despite a conflict of interest. The order had been made under unusual circumstances on appeal from the original costs order. … Continue reading Fitzhugh Gates (A Firm) v Claudia Louise Elaine Borden Sherman: CA 1 Jul 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
An undertaking to submit to a court ‘of competent jurisdiction’ given in consideration of a cargo not being arrested, by a protection and indemnity club , included a reference to the Admiralty Court. Under the Act. Under the Convention the phrase could not mean a court which was already seised of the matter, since jurisdiction … Continue reading Jutha Rajprueck, Owners of the Cargo and others v Steamship Mutual Underwriting Association (Bermuda) Ltd: CA 10 Mar 2003
The judge, a circuit judge who had been appointed a judge of the TCC, had adjudicated on the claimant’s case in the High Court in the false belief that the appointment allowed him to do so. Held: The judge had not wilfully closed his eyes to the law, and his mistake was understandable. On established … Continue reading Coppard v The Commissioners of Customs and Excise, Lord Chancellor intervening: CA 9 Apr 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
The applicant sought damages for the wrongful termination of her lease by the respondent. The landlords re-entered in default of payment of the rent. The premises had been sub-let, and she sought damages for the loss of rental profits. Held: The judge had admitted evidence which was not in formal form, but it was within … Continue reading Jaura v Ahmed: CA 21 Feb 2002
The Court reminded insolvency practitioners of fiduciary duties to creditors when refusing application for further payment on account of costs. Ferris J considered the principles applicable to fixing the remuneration of receivers of the estate of Robert Maxwell appointed by the court under section 37 of the 1981 Act. Their total recoveries before their remuneration … Continue reading Mirror Group Newspapers Plc v Maxwell and Others (No 2): ChD 15 Jul 1997
Civil proceedings order. The defendant had commenced ten sets of proceedings which the court held amounted to serial and repeated litigation of the same points. Held: The fact that new details had emerged which might throw new light on the underlying events did not mean that the respondent’s behaviour did not come within the section. … Continue reading HM Attorney General v Pepin: Admn 27 May 2004
The claimant challenged the granting of permission to a cement factory to change its energy systems to be operated by the burning of waste tyres. The respondent was concerned as to the standing of the claimant. He was impecunious, but associated with a woman who was a leading light in the campaign and relatively well … Continue reading Edwards, Regina (on the Application Of) v Environment Agency and Another: Admn 2 Apr 2004
ICO The complainant is the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The Complainant wrote to the Attorney General’s Office to request information related to the making of this order. The request was transferred to the Treasury Solicitors who refused the request on the grounds that … Continue reading Treasury Solicitors (Decision Notice): ICO 23 Oct 2006
The appeal court had previously remitted a matter to the Restrictive Practices court, having found that the court might be biased. The parties having settled the main litigation, they sought the additional costs incurred by them in correcting what they said was the fault of the court. The Lord Chancellor responded that the parties were … Continue reading Director General of Fair Trading v Proprietary Association of Great Britain and Another: CA 26 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
The claimant sought an order restraining the defendants from pursuing a claim in America. The parties were party to a contract governed by English law, but the allegation was one of fraud, and the defendants said this was outside the provisions of the contract. Held: Where a remedy was available both in England and in … Continue reading Roger Thomas Donohue v Armco Inc and others: CA 29 Mar 2000
The court refused leave to appeal from the High Court. It would be absurd if, when an order was made restricting commencement of proceedings by a vexatious litigant, that the High Court should not have power to restrain by the same order also commencement of proceedings in the County Court. Judges: Lord Woolf LCJ Citations: … Continue reading Ebert v Venvill (Trustee In Bankruptcy); Woolf; Midland Bank Plc and Rabinowicz (a Solicitor): CA 5 Jul 1999
The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value insured, the insured had misrepresented the situation. The court considered whether a jury trial was required. Citations: [1998] EWCA Civ 311 Statutes: Supreme Court Act 1981 69(1) … Continue reading Parsons, Parsons v Provincial Insurance Plc: CA 20 Feb 1998
The court stated that there is either no jurisdiction to hear an appeal by way of case stated in relation to an interlocutory decision, in criminal proceedings or that it is the court’s invariable practice not to entertain one. A court might simply dismiss the appeal. As to section 28 of the 1981 Act: ‘There … Continue reading Loade v Director of Public Prosecutions: QBD 1990
A civil proceedings order was sought against the respondent. The respondent had commenced many actions against a particular company, which it was claimed were vindictive in nature. Held: Though the earliest proceedings had been vexatious it was not possible to characterise more recent attempts to litigate as such. ‘An improper motive may convert an otherwise … Continue reading HM Attorney-General v Ian Richard Flack: Admn 29 Nov 2000
The applicant sought to have set aside an order declaring him a vexatious litigant under the 1981 Act. Held: The application was refused. Judges: Ognall J Citations: [1999] EWHC Admin 493 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 28 May 2022; Ref: scu.139757
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
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The defendant had been made subject to a civil proceedings order but had begun criminal prosecutions from his prison cell against journalists. Held: The civil restraint order did not prevent the defendant commencing criminal actions. A criminal proceedings restraint order was made. Citations: [1999] EWHC Admin 216 Links: Bailii Statutes: Prosecution of Offences Act 1985 … Continue reading Hm Attorney General v Gleaves: Admn 9 Mar 1999
The court declined to hear an appeal against a decision to refuse to allow the transfer of a legal aid order in criminal proceedings. Judges: Harry Ognall QC J Citations: [1999] EWHC Admin 74 Links: Bailii Statutes: Supreme Court Act 1981 29(3) Legal Professions, Legal Aid Updated: 28 May 2022; Ref: scu.139338
Application for civil proceedings order. Citations: [1998] EWHC Admin 619 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 27 May 2022; Ref: scu.138740
Citations: [1998] EWHC Admin 408 Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Cited by: See Also – Drozdowski v Department of Public Prosecutions Admn 8-Oct-1998 A parking ticket had wrongly identified the town in which the ticket was issued, and the ticket described the offence as ‘No Waiting’ where the … Continue reading HM Attorney General v Drozdowski: Admn 6 Apr 1998
Application for Civil Proceedings Order. Judges: Lord Justice Kennedy, and Mrs Justice Smith Citations: [1997] EWHC Admin 965 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 26 May 2022; Ref: scu.137910
The claimant, subject to a vexatious litigant order under the 1981 Act, sought leave to bring judicial review proceedings of a decision by the respondents to appoint a woman to the position of Minor Canon in the cathedral. Held: Permission was refused. He had no prospect of success, and the proceedings woud amount to an … Continue reading Regina v Dean and Chapter of St Paul’s Cathedral and Church In Wales ex parte Williamson: Admn 22 Aug 1997
Citations: [1997] EWHC Admin 691 Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Ecclesiastical, Litigation Practice Updated: 26 May 2022; Ref: scu.137636
Citations: [1997] EWHC Admin 663 Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice, Ecclesiastical Updated: 26 May 2022; Ref: scu.137608
If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They infringed the rule allowing access to justice. The common law had given special weight to … Continue reading Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997
The applicant, subject to a civil proceedings order, was refused permission to appeal to the court of appeal against refusal of his request for permission to bring judicial review proceedings against the respondent in respect of his claim for compensation for personal injuries after being assaulted. Judges: Laws J Citations: [1997] EWHC Admin 240 Links: … Continue reading Regina v Criminal Injuries Compensation Board ex parte E: Admn 10 Mar 1997
Citations: [1997] EWHC Admin 155 Links: Bailii Statutes: Supreme Court Act 1981 42 Crime Updated: 25 May 2022; Ref: scu.137100
Reasons for Civil proceedings order. Citations: [1996] EWHC Admin 157 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 25 May 2022; Ref: scu.136705
The defendants sought a declaration that they would not be liable in respect of their potential involvement in a pending action. The appellants asserted that such a declaration could not be granted since no proceedings were yet in issue. The court said that such orders might be useful in simplifying international court actions, and that … Continue reading Messier-Dowty Ltd and Another v Sabena Sa and Others: CA 21 Feb 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
Application by person subject to civil proceeedings order for permission to bring claims for defamation and otherwise against the defendants. Held: Leave was refused. The claims in relation to the hard copy articles have no real prospect of success and/or were an abuse of the process of the court, and claim in relation to the … Continue reading E v News International Ltd and others: QBD 22 Jul 2008
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
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The plaintiff sought injunctive relief from an English court. The defendant requested a stay. Held: … Continue reading Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others: HL 17 Feb 1993
Appeals were made against orders under s42 of the 1981 Act restraining the appellants from commencing proceedings without consent of the court. Held: The non-disclosure of a bench memorandum was the usual practice internationally, and not a breach of the litigant’s human rights. The right to present a case, did not include the right to … Continue reading Attorney-General v Covey; Attorney-General v Matthews: CA 19 Feb 2001
The court considered its power to order transfer of assets from one jurisdiction (in this case Switzerland) to another in aid of a Mareva injunction. Held: An order that assets be delivered or transferred to a receiver was a usual one.The appointment of a receiver over foreign assets is an in personam remedy. Dillon LJ … Continue reading Derby and Co v Weldon (No 6): CA 3 Jan 1990
Leave to amend was given to the defendant to add a claim for a contribution. It was not an issue of fact. The statute did not imply any assumption that the defendant would would not maintain a defence. Matters of foreign law were not part of the facts of a case. Judges: Chadwick J Citations: … Continue reading Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993
The court gave directions on how banks and other third parties were to respond to Mareva injunctions. The plaintiff had obtained orders against companies with bank accounts in England. The action was settled, but the banks sougfht clarification. Held: The application was dismissed. The injunction had been properly granted. An innocent third party had to … Continue reading Z Ltd v A-Z and AA-LL: CA 1982
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the defendants’, ‘not to be enforced without leave of the court save by way of … Continue reading Lockley v National Blood Transfusion Service: CA 1992
The powers in the section together with the power to make orders for costs under Order 62 of the Rules of the Supreme Court included the power to make a pre-emptive order for costs.Lord Donaldson MR said: ‘In these circumstances the judge decided to make a wholly novel order. In its detail it is of … Continue reading Davies v Eli Lilly and Co (Opren Litigation): CA 1987
The plaintiff in a personal injury claim sought assessment of his damages by a jury. The judge held at first instance that this was a matter for his discretion under the Act, and exercised it in favour of the plaintiff. Held: The defendant’s appeal suceeded. The Act in section 69(3) introduced a bias against jury … Continue reading H v Ministry of Defence: CA 1991
The court was asked to look at three events envisaged, and to consider whether, if they did occur, they should be described as constituting serious deterioration. Held: ‘First of all the development of arthritis to the extent that surgery is required. Osteoarthritis is a progressive condition. It is very common in cases where damage is … Continue reading Wilson v Ministry of Defence: 1991
Citations: [1997] EWHC Admin 296 Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.137241
The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. Judges: Popplewell J Citations: [1997] EWHC Admin 281 Statutes: Mental Health Act 1983 2, Supreme Court Act 1981 31(6) Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder Mental Health Services … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997
A wasted costs order was intended to be a summary procedure and it was not appropriate to make one where the order would require detailed and lengthy investigations. Breach of solicitor’s professional duty to client might also take the issue outside the wasted costs procedure. Citations: Times 03-Aug-1998 Statutes: Supreme Court Act 1981 51(6),(7) Jurisdiction: … Continue reading Turner Page Music v Torres Design Associates Ltd: CA 3 Aug 1998
The authority granted approval of an extension of the airport runway in 1994, but on a later application required an environmental impact assessment. That was provided, and dealt with the impact of both extensions. The applicant sought judicial review of the first approval. He argued that the delay was overborne by the importance now attached … Continue reading Regina v North West Leicestershire District Council and Another, Ex Parte Moses: CA 28 Apr 2000
The power to order costs against a non-party was not dependant upon the court having first made an order for costs in the proceedings against one or other of the parties. The financial interest of a third party in the proceedings had to be carefully considered, but might be wider than champerty. Citations: Times 08-Jun-1999 … Continue reading Nordstern Allgemeine Versicherungs Ag v Internav Ltd; Same v Katsamas and An: CA 8 Jun 1999
The power to order costs against a non-party was not dependant upon the court having first made an order for costs in the proceedings against one or other of the parties. The financial interest of a third party in the proceedings had to be carefully considered, but might be wider than champerty. Citations: Gazette 09-Jun-1999 … Continue reading Nordstern Allgemeine Versicherungs Ag v Internav Ltd; Same v Katsamas and An: CA 9 Jun 1999
An English court does have power to order a non-resident non-party to contribute to the costs of a case, where that party was domiciled in a convention country. Here the third party was alleged to be the alter ego of the actual party. There was no requirement to have sued that third party first under … Continue reading National Justice Compania Naviera Sa v Prudential Assurance Co Ltd (No 2): CA 15 Oct 1999
A person requiring leave to issue proceedings as a vexatious litigant, had also to obtain leave again before entering an appeal to the Court of Appeal. The entering of an appeal is either the institution of new proceedings, or an application requiring leave as an application in any civil proceedings instituted in any court.Sir Richard … Continue reading Johnson v Valks: CA 23 Nov 1999
A judge had no power to extend or restrict powers and duties of the official solicitor and or local authorities exercising statutory functions. The Official Solicitor did not act as an agent of the court. A judge ordering the appointment of a guardian ad litem should not restrict the ability of the guardian to complete … Continue reading In Re M (A Minor) (Official Solicitor: Role): CA 8 Jul 1998
A barrister giving an opinion for the purposes of assessing the potential for a success in a case for the purposes of applying for Legal Aid, need not specify in percentage terms the prospects of success. Decisions about wasted costs orders are in the nature of summary proceedings, and an appellate court should be reluctant … Continue reading Fryer v Royal Institution of Chartered Surveyors: CA 16 May 2000
Judge was correct to direct trial by judge only where the assessment of damages would involve assessment of medical evidence. Such evidence required ‘scientific investigation’ displacing need for trial by jury in false imprisonment and like cases. Citations: Times 20-Oct-1998 Statutes: Supreme Court Act 1981 69(1) Jurisdiction: England and Wales Litigation Practice Updated: 10 May … Continue reading Darragh and Others v Chief Constable of Thames Valley Police: CA 20 Oct 1998
