The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate. Held: The absence of the estimate should not deprive the solicitor of payment for the work undertaken … Continue reading Garbutt and Another v Edwards and Another: CA 27 Oct 2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living. Held: The appeal failed, and the judge’s analysis was approved. Having entered the profession, the claimant must accept its rules. He had broken them. The … Continue reading Bradley v The Jockey Club: CA 12 Jul 2005
Appeal from refusal of total disallowance of costs on assessment after very long delay. Judges: Warren J Citations: [2005] EWHC 1643 (Ch), [2005] 4 Costs LR 688 Links: Bailii Statutes: Civil Procedure Rules 44.14 47 Jurisdiction: England and Wales Costs Updated: 01 July 2022; Ref: scu.229013
Contractors employed by the defendant had wrongfully cut down trees on the claimant’s land. The defendant had offered to settle the plaintiff’s claim with interest. The claimant did not accept the offer. Held: The judge had not made allowance for the offer because it had not been followed by a payment in. The rules gave … Continue reading Stokes Pension Fund v Western Power Distribution (South West) Plc: CA 11 Jul 2005
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The court considered an application for leave for a second appeal. Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an important point of principle or practice’ is to an important point of principle or practice that … Continue reading Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
Renewed application for leave to appeal: ‘Quite how securely the door to the Court of Appeal should be shut by narrowly confining CPR 52.13(2)(a) to new points or principle, and precisely what the interrelationship is between (2)(a) and (2)(b), are matters which may need to be subject to further and fuller argument if this Court … Continue reading Brown and Brown v Fenwick: CA 4 Oct 2001
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
A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted. Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, … Continue reading Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’ Held: Although it was open to an Employment Tribunal to make … Continue reading Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004
The court considered the circumstancs allowing a striking out. Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly proportionate, the judge should give reasons why it was proportionate in the particular case. Only in a case … Continue reading Asiansky Television Plc and Another v Bayer-Rosin: CA 19 Nov 2001
The defendants had been given extended time to comply with an order for pre-action discovery. Leave to appeal had been granted, with a stay, but there was confusion as to whether expedition was also ordered. The current date had been fixed, but application was now made for that date to be vacated. Held: The court … Continue reading Black and Another v Sumitomo Corporation and others: CA 28 Sep 2001
Application to clarify terms of earlier order about status of findings by the Court of Appeal in representative applications. Judges: Chadwick LJ Citations: [2001] EWCA Civ 1438, [2002] CP Rep 11 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 June 2022; Ref: scu.201338
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs. Held: An order for security may not legitimately be based on the bare fact of residence abroad, which would amount in most cases to discrimination on grounds … Continue reading Nasser v United Bank of Kuwait: CA 11 Apr 2001
In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: … Continue reading Firstdale Ltd v Quinton: ComC 5 Aug 2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law. Held: The defendant’s application to set aside the judgment in default succeeded. The claimant’s applications in respect of CPR 3.10 and CPR 6.9 were refused. The Civil … Continue reading Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004
The defendant had made a payment into court. She then applied to reduce the amount paid in, but the claimant accepted the original sum before that application was heard. The defendant appealed saying that their application operated as a stay. Held: The rules did not spell out the answer. The defendant could have made an … Continue reading Flynn v Scougall: CA 13 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
Letters of request. The claimants brought an action for fraudulent misrepresentation. The documents disclosed by the defendants indicated there had been criminal conduct including bribery of the Azeri authorities. The Director of the SFO served notices under section 2 of the CJA 1987 requiring both parties to produce the relevant documents to the SFO. The … Continue reading Marlwood Commercial Inc v Kozeny: CA 25 Jun 2004
The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England. Judges: Mance VC, Carnwath, Mance LJJ … Continue reading Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004
EAT The EAT considered the consequences, of a decision to strike out a Notice of Appearance under Rule 15(2)(d). Held: The EAT will require an employment tribunal, among other things, to consider the proportionality of what it was doing. If a fair trial were not possible on liability, there could still be an order simply … Continue reading Bolch v Chipman: EAT 19 May 2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time. Held: The lower courts had failed to apply … Continue reading Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003
The parties disputed liability for a road traffic accident in which both vehicles were damaged. The claimant paid an insurance excess of andpound;125. The two insurers agreed to accept a decision of the court on liability to allocate the repair costs, and the claimant brought an action to recover andpound;125. The district judge ordered the … Continue reading Khiaban v Beard: CA 10 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
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
The claimant had issued proceedings against the deceased after his death, but before a personal representative had been appointed. They later discontinued and re-issued against the person appointed by the court to defend the action. The defendant then said the proceedings were an abuse of process, and pleaded a limitation defence. Held: The deceased was … Continue reading Piggott v Aulton (Deceased): CA 29 Jan 2003
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
An agreement was made for a redevelopment of land. The council sought an order requiring specific performance by the respondent of its obligations. The council sought summary judgment, which the respondent resisted claiming that it was presently impossible to proceed. Held: The judge had been wrong, on an application for summary judgement, to proceed on … Continue reading North East Lincolnshire Borough Council v Millenium Park (Grimsby) Ltd: CA 23 Oct 2002
The claimant appealed against a decision of the Court of Appeal quashing the judgement in his favour for damages for defamation. Held: The Court of Appeal was not able to quash a jury verdict as perverse, and the appeal succeeded. An appellate court could not substitute its own verdict on the facts for that of … Continue reading Grobbelaar v News Group Newspapers Ltd and Another: HL 24 Oct 2002
The applicant had fled Pakistan to claim asylum. His application for judicial review of the decision to reject his request for asylum failed. It had been decided in Scotland. He appealed. Held: It was not open to the Secretary of State to raise on appeal a question as to jurisdiction which had not been raised … Continue reading Regina (Shah) v Immigration Appeal Tribunal. Secretary of State for the Home Department, interested party: CA 22 Nov 2004
The claimant wanted to appeal an order to pay the defendants’ costs already ordered, and to provide security for costs of the remaining action. The defendants requested security for the costs of the appeal. Throughout the matter the claimant had been inconsistent about his residence and connections with the UK. The claimant had been late … Continue reading Mohamad Ali Aoun v Hassan Bahri, Costas Angelou: CA 31 Jul 2002
The appellant had applied for leave to appeal to a single judge, who had refused the application. He appealed and was granted leave by two judges. He then objected when the single judge who had refused leave was included in the panel of judges to hear the substantive appeal. Held: There was no reason to … Continue reading Sengupta v Holmes and Others, Lord Chancellor intervening: CA 31 Jul 2002
The complainant was a post office employee. He brought a claim for unfair dismissal, but he posted it at a time when in the normal course of delivery, it would not arrive. He claimed to be unaware of the normal times for delivery. Held: It was for the claimant to establish that his case fell … Continue reading Consignia Plc v Russell Sealy: CA 19 Jun 2002
ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998
The claimant appealed against an order striking out her claim. Held: The right to respect for private life is qualified by the right for both parties to have a just trial of the issues between them; and it has to be borne in mind that it was the claimant who invoked the right to such … Continue reading De Keyser Limited v Wilson: EAT 20 Mar 2001
The claimant appealed against a decision to strike out her claim for want of prosecution, and a failure to pay a sum ordered as security for costs. She had put jewelry with the defendants for safe keeping, and alleged it had been stolen. The lock on her safety deposit box had changed. During complex procedures, … Continue reading Nasser v United Bank of Kuwait: CA 21 Dec 2001
The court was asked whether the district judge had applied the right test on an application to set aside a statutory demand because the conclusions of the district judge referred to a real prospect of success, the test used in CPR 24.2, rather than the test of genuine triable issue. Held: The debate as to … Continue reading Kellar v BBR Graphic Engineers (Yorks) Ltd: ChD 2002
In a medical negligence case, the court ordered a pre-trial private meeting between the expert witnesses for the claimant and defendant. The claimant objected, fearing that pressure would be brought on his professional witness by his colleagues, thus denying him a fair trial under article 6. Held: The aim of the experts’ meeting was to … Continue reading Hubbard and Others v Lambeth Southwark and Lewisham Health Authority and Others: CA 7 Sep 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
Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought … Continue reading Sarwar v Alam: CA 19 Sep 2001
The court has power to review its judgment at any point before the order has been drawn up, and this remained the case despite other changes in the rules. Here an authority inconsistent with the judgment had been brought to the attention of the judge. The judge wished to review his judgment. The ability to … Continue reading Kirin Amgen Inc and Others v Transkaryotic Therapies Inc and Others: ChD 1 Jun 2001
Where a party had served a claim form, but then failed to serve the particulars of claim within the appropriate time limit, the court had full discretion to allow an extension of time for service. It had been argued that the same rules applied both to the issue of the claim form, and the particulars … Continue reading Totty v Snowden; Hewitt v Wirral and West Cheshire Community NHS Trust: CA 31 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
Where it was not the claimant’s fault that proceedings had not been issued within the appropriate time limit, the judge when considering exercise of his discretion to admit the claim, should not be tempted to refuse to admit it on the basis that the claimant would have a clear claim for negligence against the solicitor … Continue reading Steeds v Peverel Management Services Limited: CA 30 Mar 2001
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
The defendant challenged an order that he should pay the plaintiff’s costs, having made an offer in correspondence which was not accepted. Held: The claimant had exaggerated his claim, but the defendant’s offer had been inadequate. The judge’s order was fundamentally sound but an adjustment was made to require the claimant to pay half of … Continue reading Amber v Stacey: CA 15 Nov 2000
A court action had become stale, and was at risk of automatic striking out. One party wrote the court requesting directions or that the judge direct a case management conference if appropriate. He did not seek the approval of the defendant. It was held that the letter, and its being read by the judge, was … Continue reading Reliance National Insurance Company (Europe) Limited and Another v Ropner Insurance Services Limited: CA 1 Dec 2000
In the new litigation culture it was correct to strike out a second action which fundamentally re-litigated a case which had previously been struck out on the grounds of abuse of process or delay. The court’s case management required it to consider whether it was appropriate to expend time on a case. When facing such … Continue reading Ashton and Another v Securum Finance Ltd: CA 21 Jun 2000
It was possible to amend pleadings outside of the limitation period, where the alteration to identify the correct party was genuine and the mistake had not mislead any party. In this case there was no reasonable doubt about who had been intended to be sued. The overriding objective and rule 17.4(3) could either be applied … Continue reading Gregson v Channel Four Television Corporation: CA 11 Jul 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
The new Civil Procedure Rules underline the existing duty which an expert owes to the Court as well as to the party which he represents. Judges: Lord Woolf MR Citations: [1999] EWCA Civ 1978 Links: Bailii Jurisdiction: England and Wales Citing: Cited – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The … Continue reading Edwin John Stevens v R J Gullis and David Pile: CA 27 Jul 1999
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
The claim form had been issued only just before the limitation period expired. Under the rules it would have been deemed to have been served on a Sunday, the day before the expiry of the period, but evidence suggested it was not received until after the expiration of the period. The defendant argued there was … Continue reading Rhiannon Anderton v Clwyd County Council (2): QBD 25 Jul 2001
Referring to the new Civil Procedure Rules: ‘These guidelines … create an entirely new climate in which the court is required to examine the plaintiff’s conduct by reference to the overall interests of justice and fairness (including considerations of public importance reflecting the interests of other litigants, and the interests of the court, to ensure … Continue reading Lace Co-Ordinates Ltd v Nem Insurance Co Ltd: CA 19 Nov 1998
The formalities of committal proceedings are to be strictly observed, but a breach of the formalities may be overlooked if it does not affect the justice of the case.Lord Woolf MR considered the discretion given to a court to commit for contempt: ‘Like any other discretion, the discretion provided by the statutory provisions, must be … Continue reading Nicholls v Nicholls: CA 20 Dec 1996
Where a party seeking injunctive relief departed from normal practice, in this case by applying to the Queen’s Bench rather than the Chancery Division for an injunction in an intellectual property case, they must file an explanation of why they had departed from that practice. Where a court did not give its reasons for a … Continue reading Elvee Ltd v Taylor and others: CA 6 Dec 2001
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
The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which could recompense the other party and seek to achieve justice as between the … Continue reading Biguzzi v Rank Leisure Plc: CA 26 Jul 1999
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court of Appeal. Appeals will generally be subject to leave being obtained. An … Continue reading Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald: CA 12 May 2000
The claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no notice when they calculated the value of the claim in the early 1990s … Continue reading Dermot Gerard Richard Walsh v Andre Martin Misseldine: CA 29 Feb 2000
A surveillance film of a claimant was a document within the rules. The rules make no specific provision for the admission of such material for the purposes of cross examination of a claimant. A party proposing to use such material was under all the obligations which would apply to other documents as to disclosure and … Continue reading Sally Rall v Ross Hume: CA 8 Feb 2001
The case management powers of judges allowed a judge to order extensive pre-action discovery of documents. It is not appropriate at this stage in the development of the case management approach to lay down restrictive rules, and it must be for judges to use their discretion. The power only extended to documents which might be … Continue reading Bermuda International Securities Ltd v KPMG (A Firm): CA 27 Feb 2001
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997
The defendants had stood trial at the Central Criminal Court for murder. At the trial a witness anonymised as Miss A was allowed to give evidence anonymously, without revealing her address, behind a screen so arranged that she, the judge, jury and counsel could see each other directly but she and the defendants could not, … Continue reading Regina v Taylor and Crabb: CACD 22 Jul 1994
The requirement is that documents must be served at the address nominated for this purpose by the prospective defendant under the rules. Where a solicitor was so nominated, it was not open to the claimant to serve papers at a different address. In this case, the claimant solicitors having noticed their mistake had not done … Continue reading Nanglegan v Royal Free Hampstead NHS Trust: CA 23 Jan 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
A party to litigation must ensure that an agent attending had sufficient knowledge and authority to deal with issues raised at a pre-trial review, and where he failed in this he could be penalised in indemnity costs or interest at higher rates than usual on damages. An agent had no knowledge of why an expert’s … Continue reading David John Baron v Brian Lovell: CA 27 Jul 1999
The company sought repayment of some 8 million pounds overpaid VAT from the Commissioners. That claim was yet to be determined, but the company sough an order for interim payments, on the basis that it could repay if necessary. Held: Whilst such an order might be made, it would require exceptional circumstances. The claim was … Continue reading Capital One Developments Ltd v Commissioners of Customs and Excise: ChD 4 Feb 2002
The court heard a renewed application for leave to appeal. A single Lord Justice had directed that any oral renewal of the application for permission should be heard by a court of two, of which he was to be a member. Objection was taken to him being a member of the court, having already given … Continue reading Khreino v Khreino: CA 2000
(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer has become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all … Continue reading Prosecutor v Furundzija: 1 Apr 1999
The defendant had applied for an order limiting the number of witnesses sought to be called by the claimant (43). Held: The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had … Continue reading Maclennan v Morgan Sindall (Infrastructure) Plc: QBD 17 Dec 2013
Although the Court of Appeal did not have power to hear a renewed application for permission to apply for judicial review under the new rules where the application had been lodged in March 1999 before the new rules came into effect, the court could still apply the over-riding objective to allow it to hear the … Continue reading Regina v Vale of Glamorgan Council, Ex Parte Clements and Others: CA 22 Aug 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
The introduction of the Civil Procedures Rules has done nothing to change the rules or principles affecting the receipt of privileged and confidence protected documents inadvertently disclosed to a party. He had no obligation to examine them carefully to ascertain whether they were privileged and to ask whether the privilege and confidence had been waived. … Continue reading Breeze v John Stacey and Sons Ltd: CA 21 Jun 1999
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
The court considered the principles of admitting new evidence on appeal after the introduction of the new rules. Moritt LJ: ‘In my view the principles reflecting in the rules in Ladd v Marshall [1954] 1 WLR 1489 remain relevant to any application for permission to rely on further evidence, not as rules, but as matters … Continue reading Banks and Another v Cox and Another: CA 17 Jul 2000
Though the rules did not set down any timetable, it was a requirement of a proposed appellant to go ahead promptly. A reasonable time was within 14 days to apply to set aside a permission given to appeal. Judges: Clarke LJ, Richards J Citations: Times 19-Jun-2003 Statutes: Civil Procedure Rules 52.9 Jurisdiction: England and Wales … Continue reading Mamidoil-Jetoil Greek Petroleum SA v Okta Crude Oil Refinery AD: CA 4 Apr 2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation. Held: The court ordered the police to disclose witness statements obtained during a criminal investigation, because … Continue reading Frankson and Others v Secretary of State for the Home Department; Johns v Same: CA 8 May 2003
After a judgment the parties sought to appeal. Held: The judge had failed to make a finding on a critical issue in the case, namely whether or not the mother of the child concerned had ‘even if prompted only at a subconscious level, nevertheless deliberately engaged in alienation.’ Whilst some circumstances might require an application … Continue reading In re T (a Child) (Contact: Alienation: Permission to Appeal): CA 24 Oct 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
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
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
Sir Henry Brooke considered the requirements in the CPR for requesting permission to appeal: ‘When the CPR introduced a well-nigh universal regime for permission to appeal-see CPR r.52.3(1) -the rule makers introduced a tough regime in order to avoid the progress of appeals being delayed while leave to appeal was being sought from a lower … Continue reading Jackson v Marina Homes Ltd: CA 2008
In family proceedings, the starting point for the award of costs is that they prima facie follow the event but that presumption may be displaced much more easily than, and in circumstances which would not apply, in other divisions of the High Court. Judges: Cummin-Bruce LJ Citations: [1984] FLR 114 Jurisdiction: England and Wales Cited … Continue reading Singer (formerly Sharegin) v Sharegin: 1984
The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’), was nonetheless entitled … Continue reading In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
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
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
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
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
The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order. Held: The court noted that no person had yet been served with any documents, and that the legal landscape … Continue reading London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020
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
The claimant was a litigant in person who said that he had misunderstood the relevant provision of the CPR. Maurice Kay LJ said: ‘I accept that there may be facts and circumstances in relation to a litigant in person which may go to an assessment of promptness but, in my judgment they will only operate … Continue reading Tinkler and Another v Elliott: CA 10 Oct 2012
Contract – Contract for provision of computer services – purchaser contract with finance company – duty of co-operation to be implied in computer contracts – practice – responsibilities of expert witnesses generally – whether computer company liable to purchaser – whether purchaser liable to finance company.The parties disputed the delivery and quality of a computer … Continue reading Anglo Group Plc, Winther Brown and Co Ltd v Winter Brown and Co Ltd, BML (Office Computers) Ltd, Anglo Group Plc, BML (Office Computers) Ltd: TCC 8 Mar 2000
The defendant had made a substantial payment into court in protracted proceedings. Held: The comparison between the payment in and the eventual amount of damages awarded should be assessed on the basis of the damages calculated as at the date of the payment in, and not at any later date. The rules were not to … Continue reading William John Henry Johnson v Gore Wood and Co: CA 27 Jan 2004
The appellant claimed personal injuries. His solicitors issued a claim form within the limitation period, but only served it after the expiry of the four month period after the date of issue within which CPR 7.5 stipulated that the claim had to be served. CPR 7.6 provided that a claimant could apply for an order … Continue reading Vinos v Marks and Spencer plc: CA 2001
