Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was hearsay evidence. This reversed the old rule. The … Continue reading Society of Lloyd’s v Jaffray and others: QBD 3 Aug 2000
The case had concluded. Offers of settlement had been made and the operative one included an offer on the interest payable. The court came to decide how the interest part of the offer was to be considered when assessing whether the judgment bettered the offer. It was noted that an offer on costs was to … Continue reading Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag: CA 17 Jun 2003
The court heard an appeal against a Master’s order which had given the defendant permission under rule 36.6(5) to withdraw a Part 36 payment. Held: The same considerations apply to giving permission to withdraw money in court as to refusing permission to take it out. He inclined, following Marsh v. Frenchay Healthcare, to a more … Continue reading MRW Technologies v Cecil Holdings: 22 Jun 2001
The court dismissed the claimants appeal, but discussed the need now for the parties to file core bundles at least one week before the hearing. Additional agreed bundles of authorities should have the appropriate passages clearly marked and filed within the same time scale. Failures to abide by these requirements will be dealt great disfavour. … Continue reading Harvey Shopfitters Ltd v ADI Ltd: CA 13 Nov 2003
The claimant appealed an order requiring him to disclose to the defendants the terms of the instructions given to the expert witness. Held: Rule 35.10(4) restriction applied to prevent the defendant from obtaining an order for the inspection he sought. Judges: Waller, Mantell, Laws LJJ Citations: [2003] EWCA Civ 1102, Times 28-Aug-2003, Gazette 02-Oct-2003, [2004] … Continue reading Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 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 claim had been settled before action, and costs only proceedings had been instigated. He appealed a decision as to the award of costs in that case. The question was whether the phrase ‘the proceedings which gave rise to the assessment proceedings’ referred to the only actual proceedings, the costs claim, or to the settled … Continue reading Crosbie v Munroe, Motor Insurer’s Bureau: CA 14 Mar 2003
A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000. Held: Denne did not oust the court’s jurisdiction to hear an appeal. It is not open to the appellant to complain that the judge set out to do … Continue reading BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003
The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted. Held: The judge who heard the substantive application could hear an application based additionally upon grounds rejecetd … Continue reading Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003
In defamation proceedings the defendant had invited one issue to be left to the jury. After losing the case, the defendant sought to appeal, arguing that the jury’s verdict was perverse. It was held that such an appeal amounted to an abuse of process, and if allowed, would bring the administration of justice into disrepute. … Continue reading McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001
The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also. Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again … Continue reading P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
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 Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007
The claimant sought damages alleging that she had been injured by the defendants’ negligence in conducting her birth. The parties sought determination of whether the court should restrict the number of expert witnesses. Held: Nothing in the rules set a specific limit of one such witness. Where the question was substantial and complex, the overriding … Continue reading ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003
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
The parties experts had met and agreed evidence, but the claimant’s expert later changed his mind. She now appealed being refused permission to bring additional evidence. Held: The meeting of experts was to encourage them to seek agreement. The fact that an expert had changed his mind would not alone be sufficient to call additional … Continue reading Stallwood v David and Another: QBD 25 Oct 2006
A party had been ordered to pay into court as a condition of an application to set aside a judgment, a substantial sum in respect of past costs, and also as security for costs to be incurred. The defendant appealed. Held: The judge had not differentiated between the two. On an application for security for … Continue reading CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers ‘expressed’ to be open for 21 days, but … Continue reading Scammell and Others v Dicker: CA 21 Dec 2000
Once a legal aid certificate is revoked the party is deemed by statute never to have had the benefit of a legal aid certificate. The rules relating to assessment of costs which applied when a party had legal aid did not therefore apply. An order however which has once been made cannot be varied subsequently … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellschaft Mbh v Koshy and Others: ChD 13 Jan 2000
The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. Judges: Mostyn J Citations: [2015] EWHC 907 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 H had … Continue reading Dellal v Dellal and Others: FD 1 Apr 2015
The claimant sought damages in defamation, saying that a combination of publications identified him. Held: Eady J briefly discussed the effect of hyperlinks in the context of a dispute about meaning or reference in a defamation case. Judges: Eady J Citations: [2010] EWHC 100 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain … Continue reading Ali v Associated Newspapers Ltd: QBD 27 Jan 2010
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity. Held: The defence of qualified privilege should be restored, and be decided at trial, and not summarily. Judges: Brooke LJ, Tuckey LJ, Arden LJ … Continue reading Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005
The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002
The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its … Continue reading Day Morris Associates v Voyce and Another: CA 26 Feb 2003
IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010
The court considered the application of rule 36, and the general rules as to costs, in relation to contribution proceedings between two parties both liable to a claimant for the same damage. Judges: Rix, Lloyd, Stanley Burnton LJJ Citations: [2012] EWCA Civ 588 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Civil … Continue reading PHI Group Ltd v Robert West Consulting Ltd: CA 10 May 2012
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
Interlocutory Hearing re the filing of part of Form 8, Counterstatement and exhibits by way of email Result Incomplete documents filed in defence of registration by email: Appeal allowed. Registered Proprietor allowed to defend its registration Points Of Interest The filing of documents by email is allowed Summary An application for revocation of the mark … Continue reading Storm (Trade Mark: Revocation): IPO 4 Jul 2007
The landowner disposed of liquid waste into oil bearing strata via a deep borehole. At that depth, it would not mix with what was being extracted elsewhere. Held: The judge had been correct to refuse a declaration as to the lawfulness. Judges: Simon Brown, Mummery, Scott Baker LJJ Citations: Times 02-Jan-2004, [2003] EWCA Civ 1795 … Continue reading Blackland Park Exploration Ltd v Environment Agency: CA 15 Dec 2003
The defendant had settled the claim for damages for personal injury. His payment in had been rejected, but the claimant won a smaller sum at trial. He now argued that the claimant should not receive the full 100% costs uplift provided. Held: The defendant’s appeal was dismissed. ‘Section III of Part 45 contains a carefully … Continue reading Lamont v Burton: CA 9 May 2007
EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012
The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time. Held: The proceedings had been brought in that form … Continue reading Carter Commercial Developments v Bedford Borough Council: Admn 27 Jul 2001
The debtor’s wife was personally acquainted with counsel for the petitioner in his bankruptcy examination. He sought that it be set aside. Held: Whereas a judge had a duty to be independent of the parties, no such duty fell on counsel. A court might disqualify counsel where there was a complaint as to use, or … Continue reading Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002
In all three claims, children sought to recover the costs of applications to approve compromises of their claims for damages for personal injuries received. In particular the court was asked whether they were entitled only to fixed costs, or were subject to detailed assessment. Citations: [2012] EWCA Civ 184 Links: Bailii Statutes: Civil Procedure Rules … Continue reading Dockerill and Another v Tullett: CA 24 Feb 2012
The claimant alleged fraud against the defendant. The defendant now appealed against an order allowing service of the proceedings on him in Lebanon. Judges: Arden, Longmore, McFarlane LJJ Citations: [2011] EWCA Civ 1571 Links: Bailii Statutes: Civil Procedure Rules Part 11 Jurisdiction: England and Wales Citing: Appeal from – Abela and Others v Baadarani and … Continue reading Abela and Others v Baadarani: CA 15 Dec 2011
The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. Judges: Arnold J Citations: [2010] EWHC 2065 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24.2 Jurisdiction: England and … Continue reading Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010
EAT PRACTICE AND PROCEDURE – Parties The Claimant brought proceedings against the First Respondents under the Sex Discrimination Act 1975, partly arising out of alleged harassment by the Appellant, a former colleague. She advanced no claim against the Appellant and made it clear that she had no wish to do so; but the First Respondents … Continue reading Beresford v Sovereign House Estates and Another: EAT 29 Nov 2011
The judge had reserved his judgment, but had since received further voluminous representations from a party. Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was subject to a civil restraint order, and these applications had been made without consent. Nor had she … Continue reading Sheikh and Another v Dogan and Others: ChD 17 Nov 2009
The parties had litigated the sale of land free of restrictive covenants. Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to have been able to establish whether it was proper … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004
The claimant had purchased the interests of a failed Formula One car racing team, including, it said, the right to enter a team in Formula One races. It claimed to have been unlawfully excluded from racing. Held: The claimant had failed to comply with the requirements imposed upon participants, and was not entitled to race. … Continue reading Phoenix Finance Limited v Federation Internationale De L’automobile, Formula One Management Limited, Formula One Administration Limited: ChD 22 May 2002
An application was made to vary a disclosure order. The application raised a question as to the scope of CPR Part 33.6 and the relationship between that provision, Part 31.5(2) and Part 31.19, and the exercise of the powers conferred on the Court by Part 31.5(2) and Part 31.19. Held: CPR 31.5(2) empowers the court … Continue reading Serious Organised Crime Agency v Namli and Another: CA 29 Nov 2011
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25. Held: The rules now allowed orders akin to orders for security for costs … Continue reading Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002
The applicant had been sentenced to nine months imprisonment for having broken his undertaking to the Court. He appealed against that sentence. The other party also sought to appeal other parts of the order. Held: An appeal limited to the sentencing part of a committal for contempt did not require leave to appeal, being as … Continue reading London Borough of Barnet v Hurst: CA 17 Jul 2002
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no … Continue reading McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999
The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
Addition of new party after expiry of limitation period. Citations: [2004] EWCA Civ 1551 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Civil Procedure Rules, Limitation Updated: 19 September 2022; Ref: scu.219893
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made. Held: The defendant, otherwise successful on appeal, should be … Continue reading Dunnett v Railtrack plc: CA 22 Feb 2002
Common issues relating to the construction of Part 36 of the Civil Procedure Rules and its inter-action with Part 44, which contains general rules about costs, and Section II of Part 45, which contains rules about costs in certain kinds of road traffic accident claims. Judges: Pill, Moore-Bick, Aikens LJJ, Hurst SCJ Citations: [2011] EWCA … Continue reading Solomon v Cromwell Group Plc: CA 19 Dec 2011
The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now applied to set aside service of proceedings on her outside the jurisdiction.As to CPR 23.11, Warby J said: … Continue reading Sloutsker v Romanova: QBD 5 Mar 2015
The parties were to appeal a finding of professional negligence. Leave had been given and it was suggested that the judge make additional findings of fact to assist the appeal court. Citations: [2007] EWHC 2545 (Ch) Links: Bailii Statutes: Civil Procedure Rules 52.10(2)(b) Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 September 2022; Ref: … Continue reading Hicks v Russell Jones and Walker: ChD 5 Nov 2007
The court allowed the appellant’s application to dispense with service of a claim form under the rule. The High Court became seised of the matter as at 19 January 2005. Further directions were given. Judges: The Honourable Mr Justice Peter Smith Citations: [2005] EWHC 1880 (Ch) Links: Bailii Statutes: Civil Procedure Rules 6.9 Jurisdiction: England … Continue reading Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis) v Symes (A Bankrupt), Nussberger, Galerie Nefer Ag, Geoff Rowley: ChD 19 Aug 2005
Defendants appealed against an order refusing an order to restrain service of the proceedings on certain defendants outwith the jurisdiction. The claimant was seriously injured holidaying at a resort managed by the several defendants in Jamaica in various ways. The defendants argued that the proper forum was Jamaica. Held: The decision as to forum conveniens … Continue reading Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002
The defendant company sought to appear by a lay representative in a small claims track case in a county court. The court did not allow that, and the only representative was a director with limited English. The company appealed. Held: The normal rule as to representation of companies did not apply in cases allocated in … Continue reading Sunrule Ltd v Avinue Ltd: CA 26 Nov 2003
Leave to appeal was sought against a judge’s finding that he had no jurisdiction to hear an application for leave to appeal against another order itself refusing leave to appeal against a case management decision. The party had declined to make any application to the original judge. They said that were following a path they … Continue reading Slot and Slot v Isaac: CA 12 Apr 2002
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed him from her care. As he had become an adult, … Continue reading G v E and Others: CoP 26 Mar 2010
The court was asked what the proper approach of the court should be to judgments obtained in default where there has been non-compliance with the requirements of CPR 7.8. That rule provides under the heading ‘Form for Defence etcetera must be served with Particulars of Claim’. Citations: [2010] EWCA Civ 1621 Links: Bailii Statutes: Civil … Continue reading Rajval Construction Ltd v Bestville Properties Ltd: CA 14 Dec 2010
The claimant suffered severe brain injury in a crash. The parties sought guidance form the court as to his legal capacity. Held: The fact that a party may be particularly susceptible to exploitation was a relevant element when considering his capacity to act, though alone it would not usually be enough to find a lack … Continue reading Lindsay v Wood: QBD 16 Nov 2006
The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011
The respondent having successfully defended the claim by the Revenue, now sought its costs on an indemnity basis having made a Part 36 offer. The Revenue responded that Part 36 did not apply to such claims. Judges: Carnwath , Moses LJJ Citations: [2010] EWCA Civ 1448, [2011] STC 547, [2011] BVC 30, [2011] STI 129 … Continue reading Revenue and Customs v Blue Sphere Global Ltd: CA 16 Dec 2010
Applications for judicial review in relation to alcoholic goods detained by the Defendants on grounds of a suspicion that duty may not have been paid in respect of them.Sales J said: ‘In my view, there is a clear reason why Parliament wished to create a distinct power of detention, namely to allow for the goods … Continue reading Eastenders Cash and Carry Plc and Another v Revenue and Customs: Admn 4 Nov 2010
The court considered an appeal against an order allowing an amendment outside the limitation period which would Judges: Lloyd, Wilson, Gross LJJ Citations: [2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364 Links: Bailii Statutes: Civil Procedure Rules 19.5, Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Cited … Continue reading Irwin and Another v Lynch and Another: CA 6 Oct 2010
UTIAC Rule 9(5) of the Tribunal Procedure (Upper Tribunal) Rules 2008, which provides for UNHCR participation in Upper Tribunal proceedings as an intervener in an ‘asylum case’, is to be construed purposively to include subsidiary (humanitarian) protection. In deciding whether to accept an application by an appellant to withdraw an appeal in an asylum-related case … Continue reading HM and Others (Article 15(C)) Iraq CG: UTIAC 22 Sep 2010
The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of a judge under section 33 of the 1980 … Continue reading Aktas v Adepta: CA 22 Oct 2010
The court was asked, on a reference back from the Supreme Court: ‘to determine whether the court should require [the interested party] to provide a copy of any other document placed before the judge and referred to in the course of the trial to [the applicant] . . in accordance with the principles laid down … Continue reading Dring v Cape Intermediate Holdings Ltd: QBD 16 Jul 2020
The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999
Trial of a claim issued under Part 8 of the Civil Procedure Rules in which the Claimant seeks sums alleged to be due under a contract of indemnity or damages for breach of that contract along with declarations as to its entitlement. Judges: Philip Marshall QC (Sitting as a Deputy Judge of the High Court) … Continue reading Euler Hermes Sa v Mackays Stores Group Ltd: ComC 25 Jul 2022
The claimant had obtained an anonymity order ex parte on commencing the proceedings. The defendant now objected. Held: The order that the Claimant be dispensed from giving her name and address on the claim form will be continued subject to conditions. Judges: Tugendhat J Citations: [2012] EWHC 1148 (QB) Links: Bailii Jurisdiction: England and Wales … Continue reading CVB v MGN Ltd: QBD 3 May 2012
After a substantial personal injury case, the parties now disputed who should bear the costs of the costs assessment which had itself lasted 8 days. Held: Though the defendant had indeed managed to achieve a reduction in its liability on costs, that reduction was modest and nothing like what it had set out to achieve. … Continue reading Bold v Urbisity Ltd: QBD 13 Oct 2010
The defendant had made an offer including an offer that each party bear their own costs. A later action led to an order on better terms, and the claimant sought costs on an indemnity basis. Held: The rules were generally incompatible with offers which included costs. Their purpose was to direct costs after a case … Continue reading Mitchell and Others v James and Others: CA 12 Jul 2002
The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant. Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in several and discretionary circumstances. It was not an objection of principle to say that … Continue reading Brawley v Marczynski and Another: CA 21 Oct 2002
Application for partial or total disallowance of the Claimants’ costs pursuant to rule 44.11(1)(b) of the Civil Procedure Rules 1998 (CPR); the Defendants allege ‘gross misconduct before and during the proceedings’. Citations: [2019] EWHC B2 (Costs) Links: Bailii Jurisdiction: England and Wales Costs Updated: 19 August 2022; Ref: scu.641805
The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had served notice of the proceedings at premises owned by the defendant … Continue reading Varsani v Relfo Ltd: CA 27 May 2010
Each party sought summary judgment in the case Judges: Roth J Citations: [2010] EWHC 1083 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Lewis v Client Connection Ltd ChD 6-Jul-2011 The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant … Continue reading Vaseeharan and Another v Uthayaranjan: ChD 21 May 2010
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004
The court considered the scope of the court’s power to permit an amendment as regards parties outside a limitation period. The amendment in this instance was to substitute one claimant in place of another, namely the liquidator of a company instead of the company itself. Held: The court said of the new rule that: ‘The … Continue reading Parkinson Engineering Services Plc v Swan and Another: CA 21 Dec 2009
Application under CPR r81.14(1) for permission to bring proceedings for committal for interference with the administration of justice. That is covered by Section III of CPR Part 81 (r81.12 to r81.14). The interference relied on is the use of documents disclosed in an action for a collateral purpose, contrary to CPR r31.22 Judges: Birss J … Continue reading Grosvenor Chemicals Ltd and Others v UPL Europe Ltd and Others: ChD 26 Jul 2017
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
The court considered what was to be discovered under Part 31.4.1 of CPR. Pumfrey J expressly approved the commentary in the White Book: ‘A computer database which forms part of the business records for company is, in so far as it contains information capable of being received and converted into readable form, a document for … Continue reading Marlton v Tectronix UK Holdings: ChD 10 Feb 2003
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The defendant appealed against the admission of evidence on the respondent’s application for a football bannng order. A witness statement was based on intelligence reports which meant that the witness could not be effectively examined by he defence. Held: The magistrates should have proceeded by admitting the evidence, and an appeal court would have been … Continue reading Newman v Commissioner of the Police of the Metropolis: Admn 25 Mar 2009
Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: ‘There is a difference between saying that a case to which … Continue reading Williams v Ferrosan Ltd: EAT 5 Mar 2004
The court considered how a Part 36 offer could be treated as accepted when it involved an agreement to transfer land, because the offer and its acceptance would not operate under the 1989 Act. Held: The agreement was enforceable. The Civil Procedure Rules, and the inherent jurisdiction of the court, allowed the creation of rights … Continue reading Orton v Collins and others: ChD 23 Apr 2007
Coulson J considered RSC Order 52 to decide whether he had jurisdiction to hear a complaint of contempt of court arising from statements filed in County Court proceedings and said to be false. Held: He did have jurisdiction: ‘At the outset of the trial, I raised with the parties my concern as to jurisdiction. This … Continue reading Walton v Kirk: QBD 3 Apr 2009
Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered such an application, it had to look not just at … Continue reading In Re Banco Nacional De Cuba: ChD 7 Jun 2001
Application by the Claimant seeking the anonymisation of the parties in this litigation and corresponding reporting restrictions preventing the parties being identified. Held; Refused (retained subject to appeal) Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1908 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 11, Human Rights Act 1998 6, Civil Procedure … Continue reading EGC v PGF NHS Trust: QBD 19 Jul 2022
The claimant police officer complained of an alleged defamation in an article published by the defendant. The defendant wished to obtain information from the IPCC to show that they were investigating the matter as a credible issue. The court considered applications relating to the disclosure of private materials given to the Independent Police Complaints Commission … Continue reading Flood v Times Newspapers Ltd and others: QBD 5 Mar 2009