The defendant had been convicted under a statutory offence, on the basis that as a driver of a carriage he had struck a horse ridden by the prosecutor causing hurt and damage to the prosecutor. He was then summoned again for what appeared to be a different offence, of having unlawfully assaulted, struck and otherwise … Continue reading Wemyss v Hopkins: 1875
A golfer had hooked his tee shot so that his ball struck another player playing an adjacent hole some 200 yards ahead. Held: The action failed on the ground that the consequences were not foreseeable, alternatively the risk was so slight that it could properly be ignored. The duty of the golfer must be based … Continue reading Brewer v Delo: 1967
Appeal from strike out of claim for damages for personal injury arising from clinical negligence on the basis that the expert medical evidence relied upon by the Claimant did not substantiate the claim; although not expressed in his Order, the Master also determined that, had he not struck out the claim, he would have entered … Continue reading Quaatey v Guy’s and St Thomas’ NHS Foundation Trust: QBD 21 May 2020
A strike out was sought alleging gross delay and an abuse of process. Held: The strike out was granted both as to the claim and counter claims.Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide the following guidance: (1) There are no hard and fast rules. The court has to make … Continue reading Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 2013
The defendant had left a loaded gun at his lodgings and sent his servant, a mulatto girl aged about thirteen or fourteen, for the gun, asking the landlord to remove the priming and give it her. The landlord did remove the priming and gave it to the girl, who later levelled it at the plaintiff’s … Continue reading Dixon v Bell: 18 Jun 1816
The claimant, a minority shareholder, had said that the defendant had acted prejudicially in transferring the company’s only substantial asset to another company. The respondent said that since the shares had always been of nil value they could not hae been prejudiced. The claimant appealed a strike out of its claim. Held: Such a strike … Continue reading Guinness Peat Group Plc v British Land Company Plc and others: CA 18 Dec 1998
ICO The complainant requested information from the Compensation Agency relating to a claim for criminal injury compensation by a certain individual. The Compensation Agency refused to disclose this information, citing section 40(2) of FOIA (personal data of third parties). The Commissioner’s decision is that the Compensation Agency has correctly applied section 40(2) (by virtue of … Continue reading Compensation Agency (Decision Notice): ICO 11 Jul 2012
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings. Held: it will normally be appropriate for summary judgment to be pursued on a limitation point by an application made under CPR 24.2 and preferably after the claimant has had an opportunity … Continue reading Boyse (International) Ltd v Natwest Markets Plc and Another: ChD 27 May 2020
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time. Held: the limitation period under section 7(5)(a) had started to run when the Disciplinary Tribunal … Continue reading O’Connor v Bar Standards Board: CA 25 Jul 2016
Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993
The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
The respondent requested the appellant’s notice of appeal to be struck out as vexatious, on the basis that it misrepresented the nature of the judgement. Held: The interpretation of the document was the only one available to the judge. Notice of Appeal struck out. Judges: Lord Justice Evans, Lord Justice Ward Citations: [1998] EWCA Civ … Continue reading Ward v Arter: CA 18 Nov 1998
Unfair dismissal – automatically unfair dismissal – section 100 Employment Rights Act 1996 The Claimant was a bus operator, operating out of the Putney bus garage, who claimed he had suffered detriment and automatic unfair dismissal on health and safety grounds under Sections 44 and 100 Employment Rights Act 1996 (‘the ERA’). These claims were … Continue reading Castano v London General Transport Services Ltd (Victimisation Detriment Health and Safety): EAT 29 Oct 2019
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
A limited company is not a trustee of its funds, but their beneficial owner. However, the fiduciary character of the duties of its directors mean that they are treated as if they were trustees of those funds of the company which are in their hands or under their control, and if they misapply them they … Continue reading Re Lands Allotment Company: CA 1894
Appeal against refusal by the Employment Judge to strike out Dr Armes’ claims under sections 47B, 103A and 100(1)(c) Employment Rights Act 1996. The application to strike out was made on the basis that Dr Armes had no reasonable prospect of establishing that his pleaded disclosures were ‘qualifying disclosures’ within the meaning of section 43B(1), … Continue reading Twist DX Ltd and Others v Armes and Others (Whisleblowing, Protected Disclosures): EAT 23 Oct 2020
The plaintiff sought damages after being hit when, on her way into work taking a short cut across a stockyard, she was hit. Held: Havers J, having referred to the employer’s duty in respect of access where the place of work abuts a highway, said: ‘A different position may arise if – as in the … Continue reading Ashdown v Samuel Williams and Sons Ltd: QBD 1956
Hill was employed to work on a property, the defendant being retained by the building owner as surveyor to receive and pay over to Hill monies due to him. When Hill required materials for his work, these were supplied by the plaintiff on the defendant’s promise to pay the plaintiff for them out of the … Continue reading Andrews v Smith: 1835
Whether or not, on the application of the defendant, the current proceedings should be struck out as an abuse of process. This arises in circumstances where an earlier set of proceedings, commenced in 2013 and between the same parties (the ‘2013 Claim’), has been struck out for failure to comply with an ‘unless’ order. The … Continue reading Zumax Nigeria Ltd v First City Monument Bank Plc: ChD 17 Nov 2022
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings did not apply to trade mark infringement. Held: The rule against prior restraint applied to actions involving reputation, but did not apply … Continue reading Boehringer Ingelheim Ltd and others v Vetplus Ltd: CA 20 Jun 2007
The parties entered into an agreement allowing the defendant to occupy the plaintiff’s land. They had disputed whether it was a licence or a lease. The occupier had expended sums on improving the premises, but had then been summarily ejected. He now claimed damages. Other premises had become available and he otherwise had no losses, … Continue reading C and P Haulage v Middleton: CA 27 Jun 1983
Judges: Tuckey, Rix, Arden LLJ Citations: [2001] EWCA Civ 763, [2003] 2 BCLC 263 Links: Bailii Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: See Also – 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 … Continue reading Secretary of State for Trade and Industry v Eastaway: CA 6 Apr 2001
Appeal by the Claimant against an order which allowed an application made by the Defendant to have the Claimant’s claim struck out. It also made consequential directions in relation to the repayment of interim payments and costs. Judges: Mrs Justice Hill DBE Citations: [2022] EWHC 2863 (KB) Links: Bailii Jurisdiction: England and Wales Litigation Practice … Continue reading Ahmed v Chojnowski: KBD 11 Nov 2022
A carpenter on his way home with the tools of his trade who became involved in a dispute with another man while boarding a tube train. The defendant immediately took from his briefcase a hammer and deliberately struck the other man with it on the head. Held: The conviction under the 1953 Act was quashed.Lord … Continue reading Ohlson v Hylton: QBD 1975
Defendant’s application notice seeking an order that Mr Parvizi’s claim should be struck out as disclosing no reasonable grounds of bringing the claim and, alternatively, for summary judgment. Citations: [2014] EWHC B2 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Banking Updated: 22 November 2022; Ref: scu.536539
The claimant a nine year old boy had attempted to leap frog a bollard. He was badly injured when it fell. The authority had identified that it was insecure some months earlier. The authority appealed a finding of negligence and breach of statutory duty under the 1980 Act. Held: Liability in negligence was established and … Continue reading Shine v Tower Hamlets: CA 9 Jun 2006
Austlii (Supreme Court of South Australia) The father, the appellant, was accused of sexually abusing his three children. He sued for damages alleging negligence on the part of the medical practitioners who examined the children for signs of sexual abuse and on the part of the Department of Community Welfare who requested that police investigations … Continue reading CLT v Connon and Others: 8 May 2000
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
The claimant said that the respondent had obtained a grant of letters of administration, and taken a share in the estate, by fraudulently destroying the deceased’s last will. He appealed against his claim being struck out as having no realistic prospect of success. Held: There was no evidence to support the claim which was at … Continue reading Parks v Clout: CA 10 Jun 2003
The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003
The defendant, a structural engineer, was retained by the plaintiffs in a claim against insurers for the costs of remedying subsidence of the plaintiffs’ house. He advised total underpinning for pounds 77,000, but later while preparing a joint report with the insurers’ expert witness, he was persuaded to agree that infilling with polystyrene, at a … Continue reading Stanton and Another v Callaghan and Others: CA 8 Jul 1998
The defendant said that he had been threatened in the street and had taken two knives from his attacker. He appealed his conviction saying that the Crown had not shown that he had intended to use the knives offensively. Held: His appeal failed. The 1953 Act applied to any object including items not in themselves … Continue reading Szewczyk, Regina v: CACD 22 Oct 2019
This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.Sir Geoffrey Vos C said: ‘The parties are obliged to make reasonable efforts to settle, and to respond properly to Part 36 … Continue reading OMV Petrom Sa v Glencore International Ag: CA 27 Mar 2017
The complainant requested any communications between the Planning Inspectorate and DEFRA or any other third parties regarding an inquiry it was undertaking regarding an application to de-register common land. The Planning Inspectorate withheld the information under Regulation 12(4)(e) (internal communications), and Regulation 12(5)(b) (adverse effect on the course of justice). The Commissioner’s decision is that … Continue reading Planning Inspectorate (Decision Notice): ICO 29 Jun 2011
Coronavirus Job Retention Scheme – Information Notices – Whether Bank Statements Were Statutory Records? – Yes – Appeal in that regard struck-out, but if not struck-out, would have been dismissed – Comments on discontinuous run and redactions to bank statements – Whether other documents and information reasonably required? – Yes – Remainder of appeal dismissed … Continue reading Fresh Consulting and Support Ltd v Revenue and Customs: FTTTx 21 Sep 2022
The parties disputed whether oral statements had been incorporated into an option agreement. Held: Evidence of negotiations before the written contract was signed were inadmissible, because it is only on the signing of the first document that any agreement is signified to have been reached. The exercise of the rights requested were conditional on the … Continue reading Great Hill Equity Partners Ii Lp v Novator One Lp and others: ComC 22 May 2007
Application by the claimant for an order that summary judgment be granted to the claimant on the issues raised by the defendant in paragraphs 8 to 12 inclusive of the reamended Defence and/or that paragraphs 8 to 12 inclusive be struck out. Judges: Mr Justice Cresswell Citations: [2006] EWHC 2534 (Comm), [2007] Lloyd’s Rep IR … Continue reading Bee v Jenson: ComC 8 Jun 2006
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the automatic directions timetable simply by issuing an application seeking an order that the … Continue reading Cockeril v Tambrands Limited: CA 21 May 1998
The plaintiff had sued administrative receivers of a company of which he had been managing director and principal shareholder in a 1990 action which culminated in a judgment adverse to him in 1993. Other proceedings and other judgments, also in 1993, related to certain of the same issues: proceedings to disqualify the plaintiff as a … Continue reading Manson v Vooght and others: CA 12 Jun 1998
The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine. Held: The claim could not be heard. Gray J said: ‘It is well established . . that the court will not venture into … Continue reading Blake v Associated Newspapers Ltd: QBD 31 Jul 2003
A layer of hydrochloric acid had leaked on to the deck of a ship. The port authorities required the vessel to be decontaminated of the acid before she could sail. The defendants applied to have the claim struck out. Held: Mance J considered criminal case law to see whether there had been any physical damage: … Continue reading Lojinska Plovidba v Transco Overseas Ltd (The Orjula): 1995
The claimant appealed against summary dismissal of his claim in defamation. Judges: Pill, Thorpe, Mantell LJJ Citations: [2001] EWCA Civ 1030 Links: Bailii Statutes: Defamation Act 1996 8(2) Jurisdiction: England and Wales Cited by: Cited – Budu v The British Broadcasting Corporation QBD 23-Mar-2010 The defendant sought to strike out the claimant’s action in defamation. … Continue reading Mosley and Another v Focus Magazin Verlag Gmbh: CA 29 Jun 2001
A local rabbi sought judicial review of the declaration of the Chief Rabbi, following an investigation into allegations of adultery with members of his congregation, that he was religiously and morally unfit to occupy his position. Held: Simon Brown J said: ‘Mr Beloff invites my attention to certain passages in the judgments of the Court … Continue reading Regina v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, Ex parte Wachmann: 1992
Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904
The plaintiff sued when his horse slipped on tramlines in the road and fell. Stone setts or paving between the rails of a tramway in Grafton Street, Dublin, had become slippery owing to the grit or roughness of setts being worn away. In that state, the paving between the rails was dangerous and a nuisance, … Continue reading Dublin United Tramways Co Ltd v Martin Fitzgerald: HL 1903
The parties were golfers playing different holes at the same time. The shot of one hit the other in the eye. The shot was a recovery shot over where he should have known others would be playing. Where a golfer hit a shot which was difficult but carried a clear if small risk of injury … Continue reading Marvin John Pearson v Anthony Lightning: CA 1 Apr 1998
A Hindu religious sect, constituted as a charity, had split into two factions. Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two factions. The court declined to adjudicate as to which group was correctly … Continue reading Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General: CA 3 Apr 1998
EAT Practice and Procedure : Striking-Out/DismissalThe Employment Judge found that Claimant’s discrimination claim had been automatically struck out for failure to comply with an unless order and struck out his unfair dismissal claim on the basis that it had no reasonable prospects of success.The unless order did not specify sufficiently clearly the consequences of failure … Continue reading Rogers v Department for Business, Industry and Skills: EAT 28 Feb 2013
EAT Practice and Procedure : Striking-Out or Dismissal – ReviewA response form was struck out for non-compliance with an unless order. No reasons were given in a subsequent hearing for restoring the Respondent. Without dissent, the EAT amended the proceedings to substitute the correct Respondent and restored the strike-out against it. Cocking v Sandhurst (Stationers) … Continue reading Shaw v The Cedar Tree Hotel and Others: EAT 13 Dec 2012
ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
Application by Respondents to have the Appellant’s appeal struck out in accordance with rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal Tax Chamber) Rules 2009.The Respondents say that the Application is made since the matter concerned is not an appealable matter under Section 83 of the Value Added Tax Act 1994 (‘VATA’) and as such … Continue reading Cross (T/A Euromarques) v Revenue and Customs: FTTTx 7 Mar 2013
The applicants were all either employees of or volunteers for Greenpeace. They were charged with a number of offences relating to the boarding of a cargo ship. They were acquitted but the trial judge refused to award the applicants their costs in the criminal proceedings. They complained that the refusal to award them their costs … Continue reading Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009
The defendants requested a preliminary ruling that the words complained of in the claimant’s action were not capable of bearing a defamatory meaning. Held: Some of the pleaded meanings were not supported, but others were clearly defamatory, and should not be struck out. Nor could it properly be said that there had been no substantial … Continue reading Caborn-Waterfield v Gold and Others: QBD 11 Mar 2013
The plaintiff sought leave to appeal against an order striking out its claim, having failed to comply with unless orders as to the filing of details of its case. The company’s officers were not resident in England. Their solicitors had withdrawn from the action. The defendants issued an application to strike out the claim, and … Continue reading Dowles Manor Properties Limited v Bank of Namibia and Kalweendo: CA 9 Mar 1998
The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually … Continue reading Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998
The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include (according to the authorities): ‘(a) the precise relationship between (to use convenient terms) … Continue reading Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse: CA 13 Feb 1998
EAT UNFAIR DISMISSAL – Constructive unfair and discriminatory dismissal RACE DISCRIMINATION PRACTICE AND PROCEDURE – Judicial proceedings immunity The Claimant headteacher is alleging in proceedings currently adjourned part-heard that she was the victim of a concerted campaign of racial discrimination, harassment and victimisation, pursued by parents, staff and governors at the school, and encouraged by … Continue reading Singh v Reading Borough Council: EAT 12 Feb 2013
The employers had sought to appeal from a decision of the employment tribunal. The EAT had refused it as out of time. Held: The rules required the appellant to file within 42 days of receiving the decision, the notice of appeal together with a copy of the tribunal’s written reasons. ‘Sent’ meant the date on … Continue reading Gdynia American Shipping Lines (London) Ltd v Chelminski: CA 8 Jul 2004
The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997
The plaintiff had commenced an action for assault against the police, but had then let it sleep. The defendant’s application for it to be struck out failed. When the plaintiff applied to set it down, the defendant realising his error sought again a strike out. Held: The further delay after the first hearing was not … Continue reading Da Silva and Entwistle v Chief Constable of Greater Manchester Police: CA 11 Dec 1997
The complainant asked the public authority to provide information relating to an alleged rape case and any associated court case details. Although Cheshire Constabulary initially confirmed it did not hold the requested information, the subject matter of the case prompted the Commissioner to consider whether the public authority should instead have given a ‘neither confirm … Continue reading Cheshire Constabulary (Decision Notice): ICO 14 Mar 2011
The appellant appealed against the striking out of her appeal. She had been employed by the respondents as a result of arrangements made by a third party, but the employment was terminated after the appellant had brought proceedings against her and the third party alleging frauds. Held: The appeal failed: ‘having looked at the massive … Continue reading Queen Mary University of London v Osonnaya: CA 15 Nov 2012
VALUE ADDED TAX – Application by the Appellant for an extension of time to appeal against decisions by HMRC – Balancing exercise undertaken setting off the loss to the Appellant if the extension was not granted against (a) the public interest in the need for good administration, legal certainty and respect for the general time … Continue reading Eltham Hill Club and Institute v Revenue and Customs: FTTTx 1 Aug 2012
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009
The complainant requested a breakdown of a figure of pounds 135,000 quoted in the press as the value of a series of thefts of tram cable. The complainant was unhappy with the response provided as he alleged that it contradicted responses to previous requests for information. The Commissioner investigated but found no breaches of the … Continue reading Blackpool Borough Council (Decision Notice): ICO 11 Jul 2011
The appellant dived into a disused gravel pit and struck his head on an obstruction on the floor of the pit. The Court dismissed his appeal that he was not entitled to damages. Held: ‘In my judgment, the occupier of land containing or bordered by the river, the seashore, the pond or the gravel pit, … Continue reading Karl Andrew Whyte v Redland Aggregates Limited: CA 27 Nov 1997
The court ordered relief by way of disclosure against a third party: ‘In Norwich Pharmacal the information required was the identity of the wrongdoer (the applicant knew what wrong had been done but not who had done it) but I see no reason why the principle is limited to disclosure of the identity of an … Continue reading Aoot Kalmneft v Denton Wilde Sapte (A Firm): Merc 29 Oct 2001
The defendants sought to have struck out the claimant’s notice of appeal. Held: The appeal had no prospects of success, and the court exercised its power to strike out the notice. Citations: [1997] EWCA Civ 2629 Jurisdiction: England and Wales Citing: Applied – Burgess v Stafford Hotel Ltd CA 1990 The court considered an application … Continue reading B M Samuels Group Limited and Nelsons Solicitors (a Firm) v McAllister: CA 4 Nov 1997
The defendant sought to have struck out the claim for defamation based on the defendant’s ‘Homes from Hell’ TV programme. Held: The pleaded meanings failed, and an application to amend the particulars was refused. The action was struck out.In the course of the case, the claimant a litigant in person had suggested a duty on … Continue reading O’Dwyer v ITV Plc: QBD 30 Nov 2012
EAT STRIKE-0UT WITHOUT HEARING EVIDENCEAn employer dismissed an employee from his job as a family support worker after learning that a District Judge hearing a case relating to contact with children had found that during a contact session the claimant had assaulted the child’s father following an altercation between them. This did not occur in … Continue reading White v Plymouth City Council: EAT 18 Oct 2012
A claim in negligence was brought against insurance brokers for failing to advise the claimant of certain matters with the result that an insurance policy entered into by the claimant was voidable for non-disclosure. Held: The claimant suffered damage when the policy was entered into: ‘the cause of action can accrue and the plaintiff have … Continue reading Knapp v Ecclesiastical Insurance Group Plc and Another: CA 30 Oct 1997
Citations: [1997] EWCA Civ 2307 Jurisdiction: England and Wales Citing: Cited – Hoskins v Wiggins Teape (UK) Limited CA 1994 The plaintiff had delayed the action. It had been transferred from the High Court in July 1991, and was then automatically struck out. The plaintiff sought re-instatement. Held: The court attempted to put into proper … Continue reading Burton Mason and Wilson (a Firm) v Riley and Riley: CA 21 Aug 1997
The applicant sought damages from police officers following a raid on a public law centre. The judge had struck out some part of the proceedings. The applicant thought only part had been struck out, and entered judgment in default in respect of the rest. Held: the judge had indeed struck out the entire proceedings. The … Continue reading John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997
Practice and Procedure The claim form which alleged unfair dismissal contained an indication of a claim of unfair dismissal pursuant to section 103A Employment Rights Act 1996 (ERA). The strike out was made on the basis that the Appellant had insufficient continuity of employment to pursue an unfair dismissal claim. This was correct in respect … Continue reading Stubbs v Grafters Ltd: EAT 31 May 2022
EAT Practice and Procedure : Striking-Out or Dismissal – Unfair dismissal claim struck out at PHR at which Employment Judge heard evidence from Claimant and Respondent and saw documentary evidence. Findings of fact made adverse to Claimant’s case, justifying strike-out order. No remaining issues of fact (c.f. Balls). Judges: Peter Clark J Citations: [2012] UKEAT … Continue reading Eastman v Tesco Stores Ltd: EAT 5 Oct 2012
A appealed from three judgments of Mr Justice Teare under which the judge has respectively (i) found him guilty of contempt of court; (ii) sentenced him on each of three proven contempts to 22 months in custody concurrently; and (iii) in consequence has made an ‘unless’ order whereby Mr Ablyazov will be debarred from defending … Continue reading JSC BTA Bank v Ablyazov: CA 6 Nov 2012
EAT Practice and Procedure : Costs – The Employment Tribunal struck out the Claimant’s case after she did not appear. It ordered her to show cause why she should not pay andpound;10,000 costs. She submitted details of her ability to pay. The Employment Judge held without reasons that she had failed to show cause. This … Continue reading Olatunji v Network Rail Infrastructure Ltd: EAT 10 Sep 2012
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation. Held: The Lucas-Box defence could not be struck out. Litigious advantage resulting to one or other party … Continue reading Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine: CA 3 Jul 1997
Detailed guidance was given as to several different problems of interpretation of Order 17 r 11, dealing with automatic directions. Definitive guidelines were given for the interpretation of automatic directions and strike out provisions in the County Court. Once the pleadings are deemed to be closed in an action to which Order 17 Rule 11 … Continue reading Bannister v SGB Plc and others and 19 Other Appeals: CA 25 Apr 1997
EAT Practice and Procedure: Striking-out/dismissal – Imposition of Deposit The Employment Tribunal made a deposit order under rule 20 of the Tribunal Rules of Procedure against the Appellant on the grounds that her claims had little prospect of success. She failed to pay the deposit by the date specified and her claims were struck out. … Continue reading Van Rensburg v The Royal Borough of Kingston-Upon-Thames and others: EAT 16 Oct 2007
An abandonment of privilege within discovery proceedings did not imply general waiver of same privilege; limited to instant proceedings. Citations: Times 03-Jul-1997, [1997] EWCA Civ 1897, [1998] 1 WLR 114 Links: Bailii Jurisdiction: England and Wales Citing: See also – Gotha City v Sotheby’s and Another; Federal Republic of Germany v Same QBD 9-Sep-1998 Limitation … Continue reading City of Gotha v Sotheby’s and Another: CA 19 Jun 1997
The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012
An ‘unless order’ for the service of particulars of defence was a not obeyed but application was made to amend the defence involving the abandonment of the paragraphs of which particulars had been ordered. Held: ‘it appears to me that there must be degrees of appropriate consequences even where the conduct of someone who has … Continue reading In re Jokai Tea Holdings Ltd: CA 1989
The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were fought, the court which tried it would have to assess what those chances were. But … Continue reading Allen v Sir Alfred McAlpine and Sons Ltd: CA 1968
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway. Held: The court had to bear in mind the distinction between the loss of chance directly through the … Continue reading Dixon v Clement Jones Solicitors (A Firm): CA 8 Jul 2004
The defendant firm of solicitors acted for the plaintiffs when they purchased land. The registered title showed that part of the land which appear to be within their curtilage, was registered to the neighbours. A writ was issued to claim damages for professional negligence, but was delayed pending the outcome of a claim for the … Continue reading Buxton and Another v Jefferies (A Firm): CA 4 Mar 1997
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which appeared to be fabrications. Held: Where a party was in breach of court … Continue reading Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999