An order that someone be denied access to the courts save with consent of a judge was a challenge to that individual’s constitutional rights, and should only be made if the statutory pre-conditions are fulfilled. It had to be shown that the litigant had habitually and persistently and without reasonable ground instituted vexatious civil proceedings. … Continue reading Attorney-General v Barker: CA 16 Feb 2000
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim. Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate which applied at different times following the damage. He could do so, because of the … Continue reading Adcock v Co-Operative Insurance Society Ltd: CA 26 Apr 2000
The claimant asserted that judicial proceedings, since they were conducted in the name of the Crown, were brought ‘by or at the instigation’ of a public authority, and that acts so challenged were therefore subject to the Act, even though they had taken place before the Act came into effect. The assertion was unsustainable. The … Continue reading Regina (Ben-Abdelaziz) v Haringey London Borough Council and Another: CA 19 Jun 2001
The claimant asserted that judicial proceedings, since they were conducted in the name of the Crown, were brought ‘by or at the instigation’ of a public authority, and that acts so challenged were therefore subject to the Act, even though they had taken place before the Act came into effect. The assertion was unsustainable. The … Continue reading Regina (Ben-Abdelaziz) v Haringey London Borough Council and Another: CA 21 Jun 2001
The claimant sought a declaration that the District probate Registrars were judicial officers. Held: They were not. Judges: Ouseley J Citations: [2006] EWHC 465 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 89(1) Jurisdiction: England and Wales Cited by: Cited – Ghafoor and others v Cliff and others ChD 11-Apr-2006 The applicant had obtained revocation … Continue reading D’Costa and Another, Regina (on the Application of) v Secretary of State for Constitutional Affairs and Another: Admn 23 Feb 2006
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003
ComC Shipping – ship – ‘beneficial ownership’ – Supreme Court Act 1981 – section 21(4)(ii) – demise charterers Shipping – ship – charterer under charter by demise – Supreme Court Act 1981 section 21(4)(ii) – section 3(4) Administration of Justice Act 1956 – amendment Judges: Clarke J Citations: Unreported, 30 November 1995 Statutes: Supreme Court … Continue reading Owners of Cargo lately laden on Board the ship Nazym Khikmet and Others: AdCt 30 Nov 1995
Citations: [1996] CLC 1044, [1996] 2 Lloyd’s Rep 362 Statutes: Administration of Justice Act 1956 3(4), Supreme Court Act 1981 21(4)(ii) Jurisdiction: England and Wales Citing: Appeal from – Owners of Cargo lately laden on Board the ship Nazym Khikmet and Others AdCt 30-Nov-1995 ComC Shipping – ship – ‘beneficial ownership’ – Supreme Court Act … Continue reading Owners of Cargo lately laden on Board the ship Nazym Khikmet and Ors: CA 1996
The insurers had conducted the litigation for the defendant under a professional indemnity policy, without objection from the defendant, and the outcome was an award of damages and costs which left part of the costs outside the limit of cover. The limit of cover triggered the section 51 application. The judge decided that the insurers … Continue reading Cormack v Excess Insurance Co Ltd: CA 2002
A defendant appealed to the Crown Court against a conviction for causing unnecessary suffering to animals. Her appeal was dismissed, and the Crown Court awarded also the full costs of the prosecution before the magistrates, who had made a reduced award of costs. Though there was no right of appeal on a question of costs, … Continue reading Johnson v Royal Society for the Prevention of Cruelty to Animals: QBD 20 Apr 2000
Challenge by a surety to an estreatment of his recognizance was not a matter relating to a trial on indictment for the purpose of section 29(3) because it did not affect the conduct of the trial. A sensible legislative purpose can be seen for excluding appeal or judicial review of any decision affecting the conduct … Continue reading In re Smalley: HL 1985
The defendant’s solicitors appealed an order making them liable for costs in defending an action brought by the landlord. Judges: Butler-Sloss LJ, Morritt LJ, Sedley LJ Citations: [1999] EWCA Civ 3023, [1999] BLR 232, [2000] CPLR 233 Links: Bailii Statutes: Supreme Court Act 1981 51(1) 51(3) 51(6) Jurisdiction: England and Wales Cited by: Cited – … Continue reading Globe Equities Ltd v Globe Legal Services Ltd and others: CA 5 Mar 1999
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a party to the action. Such orders should be exceptional. The normal … Continue reading Symphony Group Plc v Hodgson: CA 4 May 1993
Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986
The claimant had obtained injunctive relief against the defendant for patent infringement. Only twelve months of the patent remained, and the claimants applied for an extension of the injunction twelve months beyond the patent expiry, and for other injunctive relief. Held: The defendant could not begin arrangements to take advantage of the expiry of the … Continue reading Dyson Appliances Ltd v Hoover Ltd: PatC 5 Apr 2001
When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party’s costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of ‘wanton and officious intermeddling’. The insurance was general and did not relate to … Continue reading Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996
A section 51 application was made because the cover was limited under the defendant’s liability policy and insufficient to pay all the damages, let alone any part of the costs, and the defendant was not worth powder and shot. Nonetheless the claim fell squarely within the cover provided by the policy. It was an insured … Continue reading TGA Chapman Limited; Benson Turner Limited v Christopher and Sun Alliance and London Insurance Plc: CA 8 Jul 1997
The term ‘charterer’ in section 21(4) includes ‘time charterer’. Citations: [1982] 1 Lloyds Rep 225 Statutes: Supreme Court Act 1981 21(4) Cited by: Appeal from – The Span Terza HL 10-Jan-1984 The parties, suppliers of goods and charterers, disputed the ownership of bunkers at the point of sale. Held: Lord Diplock said: ‘My Lords I … Continue reading The Span Terza: CA 1982
The court had jurisdiction under section 51 to order that the costs of administration proceedings overtaken by a compulsory liquidation could be ordered to be treated as costs in the winding-up. Judges: Mervyn Davies J Citations: [1988] BCLC 363 Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Cited by: Approved – Unadkat and … Continue reading Re Gosscott (Groundworks) Ltd: 1988
Mrs Bradley was employed by Dart Mill several times from 1933 and 1970 and acquired byssinosis from inhaling cotton dust. The company was wound up in 1975 and dissolved in 1976. In 1984 she applied to the court for pre-action disclosure under section 33(2) of the Supreme Court Act 1981 and RSC Ord. 24 rule … Continue reading Bradley v Eagle Star Insurance Co Ltd: HL 1989
An award made by the Constanza Court of Arbitration of Romania could not be enforced in rem in the English courts against a ship here, since the award was not an agreement relating to the use of the hire of a ship within the section. Citations: Times 12-Jul-1999 Statutes: Supreme Court Act 1981 20(2)(h) Jurisdiction: … Continue reading SC Rolinay Sea Star SRL v Compania de Navigatie Maritimie Petromin SA (The Bumbesti): QBD 12 Jul 1999
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for some months. The court had held that the patient lacked capacity … Continue reading In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult): FD 9 Mar 2007
An application to order a legal representative to pay under a wasted costs order must specify the improper or negligent behaviour complained of. Citations: Times 26-Mar-1998 Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Legal Professions Updated: 20 April 2022; Ref: scu.88947
In an application for a vexatious litigant order, the court asked whether the repetitious proceedings must be against the same defendant. Lord Justice Rose: ‘The question is whether it is a necessary prerequisite for the making of an order under section 42 that the repetitious behaviour of which complaint is made has necessarily either to … Continue reading Attorney-General v Covey: QBD 6 Oct 2000
Challenge to new rules on vexatious litigants. Judges: Sullivan J Citations: [2006] EWHC 504 (Admin), [2006] 2 All ER 993 Links: Bailii Statutes: Supreme Court Act 1981 42(1) Jurisdiction: England and Wales Litigation Practice Updated: 12 April 2022; Ref: scu.239254
Costs order against a solicitor are not appealable where by law they are left with discretion of the judge. Citations: Ind Summary 05-Apr-1993 Statutes: Supreme Court Act 1981 18(1)(f) Jurisdiction: England and Wales Litigation Practice Updated: 10 April 2022; Ref: scu.90507
Individual local government officers can be made subject to wasted costs orders in appropriate circumstances. Citations: Times 21-Mar-1996 Statutes: Supreme Court Act 1981 51 Costs, Legal Professions, Local Government Updated: 09 April 2022; Ref: scu.87099
Where orders for committal for non-payment of fines were defective because the Magistrates had failed for example to have considered alternatives, a divisional court did not have power to re-sentence but only to remit the case back to the magistrates. Citations: Times 15-Dec-1998 Statutes: Supreme Court Act 1981 43(3) Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v St Helen’s Justices Ex Parte Jones; Regina v Ealing Justices Ex Parte Saleem; etc: QBD 15 Dec 1998
Court has the power to order the sale of family home on order to pay sequestrator’s costs. The father had removed a child from the jurisdiction, and the mother required funds to conduct litigation in Pakistan. The father having failed to comply with a court order, the sequestrator had power to sign a conveyance to … Continue reading Mir v Mir: FD 29 Jan 1992
The second plaintff had agreed to supply computer systems to a health authority. New owners of the company discovered allegations that the contract had been operated fraudulently. An order had been obtained for production of documents, but the order restricted the use which could be made of the information disclosed. The Court of Appeal held … Continue reading A T and T Istel Ltd v Tully: HL 9 Sep 1992
A clause in a shipping freight contract using the standard British International Freight Association terms disallowing a set-off was not unreasonable. The clause read ‘The customer shall pay to the company in cash or as otherwise agreed all sums immediately when due, without reduction or deferment on account of any claim, counterclaim or set off’. … Continue reading Schenkers Limited v Overland Shoes Limited and Schenkers International Deutschland Gmbh v Overland Shoes Limited: CA 12 Feb 1998
Application by the Attorney General for a civil proceedings order under section 42 of the Supreme Court Act 1981. Citations: [2006] EWHC 2849 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 01 April 2022; Ref: scu.246362
The House was asked as to the effect of the section. Held: Since the provisions of the statute under consideration were designed to give domestic effect to an international convention, a broad and liberal construction should be given to them Judges: Lord Brandon of Oakbrook Citations: [1985] AC 711 Statutes: Supreme Court Act 1981 20(2)(h) … Continue reading Samick Lines Co Ltd v Owners of The Antonis P Lemos: HL 2 Jan 1985
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
Parker LJ said: ‘a domestic statute designed to give effect to an international convention should, in general, be given a broad and liberal construction’ Judges: Parker LJ Citations: [1985] AC 711, [1984] 2 All ER 353, [1984] 2 WLR 825, [1985] 1 Lloyds Rep 283, (1985) 82 LSG 1715 Statutes: Supreme Court Act 1981 20 … Continue reading Samick Lines Co Ltd v Owners of The Antonis P Lemos: CA 1984
The Civil Court of Appeal has jurisdiction to award Costs from central funds and they should be made in favour of successful applicants against wasted costs orders in criminal proceedings. Citations: Gazette 08-Jan-1992, [1992] 1 WLR 407, [1992] 2 All ER 642 Statutes: Supreme Court Act 1981 51(1) Jurisdiction: England and Wales Cited by: Appeal … Continue reading Holden and Co v Crown Prosecution Service (No 2); Similar Cases: CA 8 Jan 1992
An application was made without notice for the appointment of an alleged creditor under section 116 as administrator of the deceased’s intestate estate. Held: The court applied the standard principles of an enhanced duty of disclosure in without notice applications in probate actions. Lawrence Collins QC [2000] WTLR 1175 Supreme Court Act 1981 116 England … Continue reading Shepherd v Wheeler: ChD 2000
An award made by the Constanza Court of Arbitration of Romania could not be enforced in rem in the English courts against a ship here, since the award was not an agreement relating to the use of the hire of a ship within the section. Gazette 14-Jul-1999 Supreme Court Act 1981 20(2)(h) England and Wales … Continue reading The Bumbesti: QBD 14 Jul 1999
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009
‘Mr Barrett is obsessed with the loss of his house and has been making wild allegations of fraud against anyone who decides anything against him in the context of that loss. He is totally unable to appreciate that his activities before the court are vexatious and are completely lacking in any merit whatever. ‘ His … Continue reading Regina v Bow Street Metropolitan Stipendiary Magistrate ex parte Barrett: Admn 21 Oct 1998
A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996
The complainant requested a variety of information, including information on files and records relating to him and held by the Law Officers, papers generated in the proceedings brought against him under section 42 of the Supreme Court Act 1981, and access to all communications between the public authority and named third parties. Part of the … Continue reading Treasury Solicitors (Decision Notice): ICO 20 Jul 2006
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The solicitor appealed against a wasted costs order made against him. The council had sought possession of a tenanted property, and the solicitors acting for the tenant had applied for a stay of execution on the basis that the original order was over six years old. A further hearing was abortive when a point arose … Continue reading Hallam-Peel and Co v London Borough of Southwark: CA 21 Oct 2008
Application by the Attorney General for Mr R to be declared a vexatious litigant [2003] EWHC 1291 (Admin) Bailii Supreme Court Act 1981 42 England and Wales Litigation Practice Updated: 06 December 2021; Ref: scu.185040
The court granted an injunction to restrain the media from interviewing witnesses during the course of a criminal trial, and until all the evidence was complete. One witness would have to be recalled, and others might be recalled, and accordingly held that the proposed interviews would constitute a contempt of court pursuant to ss.1 and … Continue reading ex parte HTV Cymru (Wales) Ltd: 2002
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. Earlier decisions of the house had settled the liability for damages and the amount … Continue reading Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2): HL 27 Nov 1997
The defendant had instituted over 80 fruitless actions over years. He had been made subject to a vexatious litigant order, but the Attorney General now requested additional injunctive relief. This was a very extreme instance of extreme litigation. He had since applied for permission over 150 times to begin different kinds of proceedings. He had … Continue reading HM Attorney-General v Ebert: Admn 21 Sep 2001
The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order. Held: As a legal person in the United Kingdom – rather than the states who were its members … Continue reading Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989
A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation. Held: The decision was quashed. What happened was held to be a breach of the rules of natural justice and … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte A: HL 11 Mar 1999
The House considered the court’s jurisdiction to award costs out of central funds. Held: In this case there was no such power, but: ‘still more important, in the present context, is the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over both the levying and expenditure of the public revenue. It … Continue reading Steele Ford and Newton v Crown Prosecution Service (No.2): HL 1993
Application for non-party costs order against litigation funder. The third party denied that he was a person against whom an order could be made, and denied his formal involvement in the companies funding the litigation. Held: Such an order must be exceptional, and is not to be made simply because a party has funded the … Continue reading Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates: QBD 18 Nov 2008
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994
The House sought to reconcile section 31 of the 1981 Act, with RSC Order 53 r4 as to the time within which judicial review proceedings must be brought. Held: Whenever there was a failure to act promptly or within three months there was ‘undue delay’ within the meaning of section 31(6). Lord Goff said: ‘as … Continue reading Regina v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell: HL 17 May 1990
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
Court of Appeal’s powers limited to those Given The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over judgments and orders of the High Court made by … Continue reading In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980
A Mr Efremovich, a third party to the action was ordered to pay the costs of Petrobras and Brasoil which on the failure of its claim against them had been ordered to be paid by Petromec. The judge found that Mr Efromovich controlled the proceedings brought by Petromec, funded those proceedings and would have benefited … Continue reading Petromec Inc v Petroleo Brasileiro Sa Petrobras: CA 19 Jul 2006
The claimant sought discharge of a declaration that she was a vexatious litigant. The order had been made in 2006. Held: The claimant had persisted with attempts to litigate speculative matters. The claim was rejected: ‘The Applicant’s recent attempts at litigation, right up to last year, demonstrate that her propensity for vexatious litigation remains. I … Continue reading Douglas v HM Attorney General and Others: Admn 15 Dec 2015
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
H and W, though very elderly, set out for a divorce. A former son-in-law now appealed against a costs order made against him as an intervener under the 1996 Act. The parties disputed his right to appeal without permission. Held: Under the Family Rules, no consent would be required. 1996 Act proceedings would not be … Continue reading Baker v Rowe: CA 6 Nov 2009
The claimant had lost a libel action and been bankrupted. The defendant sought to recover his costs from those who had financially supported the claimant. He now appealed a dismissal of his request for contributions. Held: An order for the payment of costs by a n’oure funder’ on-party will always be exceptional. ‘Exceptional’ means as … Continue reading Hamilton v Al Fayed and Others (No 2): CA 17 May 2002
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the order infringed his right against self-incrimination. He had permitted the search … Continue reading C Plc v P and Attorney General Intervening: CA 22 May 2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would … Continue reading M v Home Office and Another; In re M: HL 27 Jul 1993
Costs were to be sought against third parties to the action. A pupil had taken court action against the school seeking damages, alleging that it had failed to protect him from bullying. His action was discontinued. The school now sought its costs (andpound;250,000) from his parents, who had funded their son’s claim. The school sought … Continue reading Thomson v Berkhamsted Collegiate School: QBD 2 Oct 2009
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a finding by a jury that the words alleged were defamatory, would inevitably be set aside … Continue reading Alexander v Arts Council of Wales: CA 9 Apr 2001
The first defendant applies for an order that the claimants are not entitled to pursue legal action against his lawyers in respect of funds over which the claimants claim a proprietary interest and paid to the first defendant’s lawyers as legal fees . .
N was charged with VAT fraud. He was the joint owner of a company with his brother T each holding 50% of the shares. T was never charged. A restraint and receivership order was made against N, preventing the company from dealing in any way with its . .
Application by the claimant seeking a civil proceedings order against the defendant . .
Vexatious litigant application . .
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
Lloyd LJ said: ‘There is only one immutable rule in relation to costs, and that is that there are no immutable rules.’
Lloyd LJ baulked at the suggestion that every director who funded and controlled litigation on behalf of an insolvent company . .
The court considered an application for a forced marriage protection order.
Held: Singer J said that the court’s inherent jurisdiction is ‘sufficiently flexible . . to evolve in accordance with social needs and social values.’ . .
The appellant appealed an order declaring him a vexatious litigant. He had been involved in a whole series of attempts to set aside a judge’s decision from 1990. He asserted that the party who had made the application for the declaration, the . .
The applicant had been cautioned by the police. The victim sought judicial review of that decision. The respondent now appealed.
Held: The court of appeal had no jurisdiction to hear an appeal against a judicial review in a criminal matter . .
There can be little basis for the grant of relief to a landowner providing protection from an action in nuisance if the landowner will not himself remedy the public nuisance. The House considered whether the circumstances gave the court power to . .
The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases.
Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory . .
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
References: [2005] EWHC 454 (Comm) Links: Bailii Coram: Mr Justice Colman Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005
References: Times 12-Jan-99, Gazette 10-Feb-99 A claim for an indemnity under a contract of insurance though in respect of personal injuries was not itself an action for damages for personal injuries and so no order could be made for pre-action discovery. Statutes: Supreme Court Act 1981 33(2)
The claimants ran a guinea pig farm. They and their neighbours applied for injunctions and an exclusion zone to keep away the defendants who campaigned against the breeding of animals for research. Held: The claimants had been subjected to a long and sustained campaign of harassment by the defendant organisation and its associates. The court … Continue reading Hall and others v Save Newchurch Guinea Pigs (Campaign) and others: QBD 17 Mar 2005
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The claimant sued for breach of trust. The action was re-instated after being struck out for want of prosecution, but in the meantime the defendant had been made bankrupt and then discharged from bankruptcy. An order for costs was then made which the claimant now sought to enforce. Held: The possibility of a future costs … Continue reading Glenister v Rowe: CA 21 Apr 1999
The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the … Continue reading Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
1. The starting point in any consideration undertaken by the Secretary of State (‘the respondent’) as to whether to deprive a person of British citizenship must be made by reference to the rules and policy in force at the time the decision is made. Rule of law values indicate that the respondent is entitled to … Continue reading Hysaj (Deprivation of Citizenship:Delay) Albania: UTIAC 19 Mar 2020
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. Citations: [1997] EWCA Civ 2179 Jurisdiction: England and Wales Citing: Appeal from – Abraham and Another v Thompson and Others ChD 12-May-1997 The court may issue a stay of proceedings pending … Continue reading Abraham and Another v Thompson and Another: CA 24 Jul 1997
The service of a writ on a professional person at his last known business address was proper. Citations: Gazette 05-Feb-1997, Gazette 29-Jan-1997, Gazette 22-Jan-1997, Times 26-Nov-1996, [1996] EWCA Civ 860, [1997] 1 WLR 446 Links: Bailii Statutes: Rules of the Supreme Court 10 1(2)(b) 83(3), County Court Rules 1981 3(1)(a) Jurisdiction: England and Wales Litigation … Continue reading Robertson v Banham and Co (a Firm): CA 31 Oct 1996
An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled … Continue reading Jones v Vans Colina: CA 15 Aug 1996
The claimant sought a privacy order after being accused of historical serious sexual offences against children. Held: The judge had properly acted within the range of his discretion, and the appeal was dismissed. The judgment would however remain anonymised until the outcome of an appeal to the Supreme Court.Sharp LJ acknowledged ‘a growing recognition that … Continue reading PNM v Times Newspapers Ltd and Others: CA 1 Aug 2014
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
Application for permission to appeal against civil proceedings order. Judges: Kay LJ Citations: [2001] EWCA Civ 1168 Links: Bailii Statutes: Supreme Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 04 October 2022; Ref: scu.218240
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the … Continue reading Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017
The Court considered the interpretation of the sections which applied corporation tax to post-cessation receipts. Companies had received from the Inland Revenue substantial repayments of VAT together with interest. There had been reorganisations of the group, the company which had made the overpayment did not exist, and the payee of the repayment had only later … Continue reading Shop Direct Group v Revenue and Customs: SC 17 Feb 2016
The claimant sought discovery of documents from the solicitors for a defendant said to be in contempt of court. Held: The disclosure was required to support an existing finding of contempt and in enforcing the order for committal. Henderson J said that in the absence of such an order the disclosure order would not have … Continue reading JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act 2005. Held: ‘The Divisional Court’s view that the predominant factor in deciding where the interests … Continue reading Loughlin, Re Application for Judicial Review: SC 18 Oct 2017
