The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 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
The claimant sought an account from the defendant share broker for the proceeds of share transactions. The defendant said the matter should be tried in Hong Kong. Held: The claimant must show a good arguable case. Here there was evidence to support the claimant’s assertion of the use of an address in England, and a … Continue reading Staines v Walsh, Howard: ChD 14 Mar 2003
The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members. Held: The right to issue representative actions varies with the nature … Continue reading Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003
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
One party had made a formal offer of settlement under the Rules, which had been declined, but the offer made was more favourable to him than the order which had eventually made. Held: The rejecting party should normally pay costs on an indemnity basis and interest at a higher rate as from the date of … Continue reading Mamidoil-Jetoil Greek Petroleum Company Sa and Another v Okta Crude Oil Refinery AD: ComC 4 Nov 2002
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 defendant appealed an order that it should pay interest on the costs of the claimant from a date in 1994 when interim judgement had been given, even though damages were finally assessed only in 2001, and the costs had not yet been incurred. Held: The court had not had referred to it the provisions … Continue reading Powell v Herefordshire Health Authority: CA 27 Nov 2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
The applicant’s claim had been dismissed for late service. The defendant had in fact received the documents, but the service appeared deemed to be out of time. The subsequent decisions of Anderton and Godwin meant that the judge’s reasoning no longer applied. Held: In such cases the discretion available to the court under the rules … Continue reading Wilkey and Another v British Broadcasting Corporation and Another: CA 22 Oct 2002
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 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 claimant in a defamation case appealed a decision to strike out his claim on the basis that it was an abuse of process, being intended to act as an harassment of the defendant, or to cause commercial embarrassment or undue cost. Held: Applying Broxton, the case was properly struck out. The test of abuse … Continue reading Wallis v Valentine and Others: CA 18 Jul 2002
The defendant appealed against an order for rectification of the registered title to land he occupied, and for which he had had a possessory title. The order had been made in his absence. Held: A ‘good reason’ for non attendance at a hearing was not just an honest and genuine one, but the court must … Continue reading Brazil v Brazil: CA 31 Jul 2002
The defendant firm of solicitors appealed an order for costs against it based upon a percentage calculation. They sought an issues based costs order. Held: Where there was insufficient information upon which to calculate an issues based costs order, it could be appropriate to make a percentage based order under subsection (f). Whilst issues based … Continue reading Budgen v Andrew Gardner Partnership: CA 31 Jul 2002
A case had been originally dealt with under the fast track procedure, but after amendment, the amount at stake came to exceed andpound;15,000. Held: It was permissible for a judge to continue to deal with a matter under the procedure. Relevant factors are the amount by which the claim comes to exceed the limit, and … Continue reading Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002
The claimant had applied for and been granted its costs certificate by default. The respondent claimed it had sent its point of issue notice in time. The council now applied under the rule for the court itself to re-open the decision to allow the objections to be made. The High Court acceded to the request. … Continue reading Seray-Wurie v Hackney London Borough Council: CA 25 Jun 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
During an action, advice from counsel had been inadvertently disclosed to the claimants. The defendant sought to restrain use of the papers in the trial. It was accepted that the papers attracted legal professional privilege, but the police also sought public interest immunity. Held: A solicitor considering documents released to him owes no duty to … Continue reading Mohamad Al Fayed v The Commissioner of Police of the Metropolis: CA 29 May 2002
The court should only exercise its power under the Civil Procedure Rules Part 3 to require a payment in only in limited circumstances, and not do so unless the party against whom the order was sought had acted in bad faith. Citations: [2002] EWHC 369 (Ch) Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and … Continue reading Reed and others v Oury and others: ChD 14 Mar 2002
The claimant succeeded in her action for personal injuries. She appealed against an order for costs in her favour on the standard basis, saying that it should have been on an indemnity basis. Judges: Schiemann, Tuckey, Jonathon Parker LJJ Citations: [2002] 3 All ER 263, [2002] EWCA Civ 398, [2002] PIQR 591, [2003] 1 WLR … Continue reading Huck v Robson: CA 21 Mar 2002
The Civil Procedure Rules have allowed the Courts to accept an amendment to introduce a cause of action arising out of facts occurring subsequent to the commencement of the proceedings. There is no absolute rule of law or practice which precludes an amendment to rely on a cause of action which accrued only after the … Continue reading Maridive and Oil Services (SAE) and Another v CNA Insurance Company (Europe) Ltd: CA 25 Mar 2002
The case concerned the management of substantial multi-party actions, and in particular the form of costs orders. The claimants sought a payment of the ‘common costs’ element to be made payable as the appropriate relative common issues were resolved. Held: The purpose of the new rules was to clarify the sharing of the burden of … Continue reading Sayers and Others v Smith Kline Beecham plc and Others; X, Y, Z and Others v Schering Health Care Ltd and Others; Afrika and Others v Cape plc: CA 21 Dec 2001
The claimant had sought to amend her claim for damages for personal injuries. The application had been rejected as introducing a claim not based on the same facts. She had suffered severe head injuries, and had no memory of the accident. She served a statement of claim based upon the defendant’s statement. The defendants defence … Continue reading Goode v Martin: CA 13 Dec 2001
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 award of costs under Rule 36.21 on an indemnity basis is not intended to be penal, and the court must look at what was fair and reasonable in the circumstances. Lord Woolf said: ‘However, it would be wrong to regard the rule [36.21] as producing penal consequences. An order for indemnity costs does not … Continue reading Petrograde Inc v Texaco Ltd: CA 23 May 2000
The claimant had won her case, but been deprived of her costs. She claimed for conversion after she had purchased a car without knowledge of it having been on hire purchase, and after it was seized by the finance company. The judge had considered that she should have been suspicious. Held: The judge had found … Continue reading Hall v Rover Financial Services (GB) Ltd (t/a Land Rover Financial Services): CA 10 Oct 2002
The claimant had for many years kept private journals, whose contents were circulated within a small circle of friends. He now sought to claim confidentiality and copyright in them when the defendant sought to publish them. Held: There was an arguable case that confidence existed in some part of the journals. The order for restraint … Continue reading HRH the Prince of Wales v Associated Newspapers Ltd: ChD 13 Jan 2006
The solicitor had successfully defended proceedings brought against him personally, but employing his own firm to represent him. He sought his costs. The claimant disputed his right to costs. Held: The claimant had served a notice of discontinuance of the action, and by doing so made himself liable for costs. The judge had applied the … Continue reading Malkinson v Trim: CA 20 Sep 2002
Judgment creditors obtained a garnishee order nisi, but the bank objected to the order being made absolute. The account was in Hong Kong, where there was a real danger, that the law would not relieve them of their obligation to the account holders to pay the balance to them, after satisfaction of the garnishee debt. … Continue reading Societe Eram Shipping Company Ltd v Compagnie International De Navigation and Others: CA 7 Aug 2001
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
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
Appeal against re-instatement of possession proceedings after failure to attend directions hearing Judges: Sweeney J Citations: [2015] EWHC 441 (QB) Links: Bailii Statutes: Civil Procedure Rules 3.9 Jurisdiction: England and Wales Housing, Litigation Practice Updated: 31 May 2022; Ref: scu.543176
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 claimant sought to overturn an order striking out his claim for damages for personal injury, after inordinate delay in prosecuting his claim. Held: It will be rare for a claim to be struck out for such a reason under the transitional procedures under the new Rules. There had to be some considerable risk of … Continue reading Taylor v Anderson and Another: CA 7 Nov 2002
The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed. Held: The court … Continue reading James v Baily Gibson and Co (a firm): CA 30 Oct 2002
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 Solicitor’s Disciplinary Tribunal had decided that the solicitor had no case to answer. The complainant sought to appeal under the 1974 Act. Held: The proper respondent to such an appeal was the solicitor himself. The Law Society and the Tribunal were to be notified of the appeal, but were not parties to it. Judges: … Continue reading Lucas v Millman: QBD 5 Nov 2002
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007
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 heard an appeal by the Commissioners from the VAT Duties Tribunal that ‘Spreadable butter’ and ‘Ammix butter’ from New Zealand made and imported by the respondent are ‘manufactured directly from milk or cream’, and are not ‘recombined butter’, and are therefore subject to a lower rate of tariff duty under Annex I to … Continue reading Commissioners of Customs and Excise v Anchor Foods Limited: Admn 26 Jun 1998
The procedure for making a wasted costs order was primarily compensatory, for costs wasted, rather than punitive for malpractice. The procedure is summary, and more in line with applications for costs made under the Civil Procedure Rules rule 44.3, rather than cases involving contempt of court. Usually there is no need for the judge in … Continue reading In re P (a Barrister) (Wasted Costs Order): CACD 23 Jul 2001
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
Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000
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 defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997
The Civil Procedure Rules have not changed the common law rules which say that an interlocutory order for costs could not be varied by another judge sitting at first instance, except only in exceptional circumstances where it appeared for example that fraud might be involved. To do so would be for the court to act … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 3): ChD 8 Jul 1999
The new civil procedure rules could impose sanctions or penalties on parties who failed to act in accordance with the spirit of the rules. The word ‘interest’ when allowing a judge to award interest by way of a penalty for the failure to accept a reasonable offer was not the same as the interest awarded … Continue reading All-In-One Design and Build Ltd v Motcomb Estates Ltd and Another: QBD 4 Apr 2000
The court listed relevant issues for any strike out application on the grounds of want of prosecution, including the length of delay, the degree of compliance with court rules and orders, any prejudice to the defendant, and any effect on the trial and other parties, any contribution by the defendant to the delay, the respective … Continue reading Annodeus Ltd and Others v Gibson and Others: ChD 2 Mar 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 claimant had begun proceedings for the return of money held by the respondent. His action was stayed for inactivity, and the respondent later had the claim struck out on the basis that it would be an abuse of process to proceed. Held: The claim could still be tried without unfairness, and accordingly it should … Continue reading Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003
Following a trial, and before the judgment was delivered, the parties arranged to meet and settled their dispute. The judges and the court were not advised and continued to take the trouble of preparing the now nugatory judgment. The legal representatives had a clear duty to inform the court of such happenings in order to … Continue reading HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc): CA 26 Apr 2000
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 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 landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1). Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could … Continue reading Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002
In making a strike out decision under Part 24, the court of first instance was exercising a discretion which an appellate court should be reluctant to disturb. The court should only interfere in the case of a manifest error. The Law Society had intervened in the legal practice of the respondent’s late husband. The court … Continue reading Law Society v Southall: CA 14 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
It was arguable that a defendant in defamation proceedings could pray in aid in his claim for qualified privilege circumstances not known to him at the time of the publication: ‘there was a real, if problematic, prospect of success.’May LJ said: ‘the existence or otherwise of qualified privilege is to be judged in all the … Continue reading GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1): CA 21 Jan 2000
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
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 plaintiff had accepted a payment in which was more advantageous than its own offer of settlement. It now sought costs on an indemnity rather than a standard basis. They argued that under the rule they were entitled to costs on an indemnity basis up to date of acceptance. Held: The rules said that once … Continue reading Dyson Appliances Limited v Hoover Limited (No 3): ChD 21 Oct 2002
The court refused to make an order for a payment of interim costs when the substantive claim for costs remained to be heard. The claimant had accepted a payment in entitling it to its costs, but now sought an interim award before the full costs could be assessed. Any rule allowing a judge to make … Continue reading Dyson Appliances Limited v Hoover Limited (No 4): PatC 18 Feb 2003
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
Whilst surprising, it was possible that a successful claimant could be ordered to pay the majority of a defendant’s costs. Under the Civil Procedure rules, it was proper to order costs on an issue by issue basis. Judges: Chadwick LJ Citations: [2001] EWCA Civ 2020 Jurisdiction: England and Wales Cited by: Cited – Kastor Navigation … Continue reading Summit Property Ltd v Pitmans: CA 19 Nov 2001
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 case had been decide on the basis of the papers after the employer had failed to submit a response. It now appealed against a refusal to allow them to be heard as to the assessment of damages. Held: The appeal succeeded. The tribunal should apply the practice which apply in standard civil claims. Judges: … Continue reading Office Equipment Systems Ltd v Hughes: CA 1 Aug 2018
The court was asked important questions about (i) the powers of the court under the CPR and its inherent jurisdiction to permit access to documents by non-parties; (ii) the way in which the court’s discretion should be exercised where an application is within its powers; and (iii) the proper balance to be struck between the … Continue reading Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group): CA 31 Jul 2018
Applications brought by the claimants under section 41 of the County Courts Act 1984 for orders transferring their claims from the Central London County Court to the High Court. Such applications are usually straightforward; indeed, they are usually dealt with by consent. But these raise issues concerning the interplay of sections 41 and 42 of … Continue reading Bass v Ministry of Defence: QBD 5 Jun 2018
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
Stuart-Smith LJ rationalised the possible conflict between Part 24 and the practice direction to Part 24 in its original form by saying that the correct view of the effect of the practice direction is to be gleaned from the heading to the paragraph which reads ‘the court’s approach’. It indicates no more than examples of … Continue reading Taylor and others v Midland Bank Trust Company Limited: CA 21 Jul 1999
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999
Whilst litigants in person should be allowed the assistance of a McKenzie friend, the duties of the friend should not normally include representation and advocacy. Nevertheless, each case should be viewed separately, and applications for permission should be attended to, even if only granted in exceptional circumstances. The litigant should understand that this is an … Continue reading Izzo v Philip Ross and Co (a Firm): ChD 31 Jul 2001
The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding which would be equivalent to a finding of guilt of a criminal offence? … Continue reading Financial Services Authority v Rourke: ChD 19 Oct 2001
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The French company defendants had been ordered to disclose documents which they said might expose them to criminal prosecution in France. They now appealed. Held: The court was not obliged to make use of the Council Regulation. Orders for discovery of a document in this court (or for inspection of a document already disclosed) are … Continue reading Secretary of State for Health and Others v Servier Laboratories Ltd and Others: CA 22 Oct 2013
The power to change a party after the expiry of a limitation period can be exercised where a party has been wrongly identified, but ‘it was possible to identify the intending claimant or intended defendant by reference to a description which was more or less specific to the particular case’. Judges: Lloyd LJ Citations: [1991] … Continue reading The Sardinia Sulcis: CA 1991
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
The mother sought to appeal refusal of a judge to commit the father for contempt in not complying many times with court orders related to residence and contact. Held: Leave was required for such an appeal. The rules distinguished between an appeal against a committal where leave was not required, and against any other order … Continue reading M v M (Breaches of orders: Committal): CA 28 Jul 2005
Strike out – Realistic Not Fanciful Chance Needed The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear words. The judge … Continue reading Swain v Hillman: CA 21 Oct 1999
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019
The court was asked: ‘can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to possession because of an alleged breach of the terms of a suspended possession order has not complied with CPR 83.2? ‘ Held: CPR r 83.2 were intended to provide real protection … Continue reading Cardiff County Council v Lee (Flowers): CA 19 Oct 2016
ECJ Articles 53(2) and 99 of the Rules of Procedure of the Court – Social policy – Principle of equal treatment – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Fixed-term employment contracts in the public sector – Determination of length of service – Difference … Continue reading Vino C-161/11: ECJ 22 Jun 2011
