The tenant had a bad record of payment of rent. The local authority sought possession. The district judge suspended the possession warrant. The authority appealed to the county court judge on the basis that the district judge had made his order without seeing the court file which in turn showed the many attempts by the … Continue reading Richardson v Ealing London Borough Council: CA 22 Nov 2005
Before proceedings, in without prejudice discussions, the defendant made certain admissions. They were withdrawn before proceedings commenced. The claimant said that they could not be withdrawn. Held: Until proceedings began the Civil Procedure Rules had nothing on which to bite. Accordingly the defendant remained free to withdraw a concession before proceedings were issued. Judges: Lord … Continue reading Sowerby v Charlton: CA 21 Dec 2005
The defendants sought an order for payment of their costs by the claimants solicitors who, they said had wasted them Judges: Stephen Davis J Citations: [2012] EWHC 2628 (TCC) Links: Bailii Statutes: Senior Courts Act 1981 51(3), Civil Procedure Rules 48.2 Jurisdiction: England and Wales Costs, Civil Procedure Rules Updated: 04 July 2022; Ref: scu.465189
An order was sought to declare the claimant to be a vexatious litigant. The respondent answered that some of her applications had succeeded. Held: It was not necessary to show that all applications by the claimant had been without merit. Judges: Lewison J Citations: Times 30-Nov-2005, [2005] EWHC 2751 (Ch), [2006] 1 WLR 1511 Links: … Continue reading Thakerar v Lynch Hall and Hornby (a Firm): ChD 21 Oct 2005
Judges: The Hon Mr Justice Lightman Citations: [2003] EWHC 103 (Ch) Links: Bailii Statutes: Civil Procedure Rules 25.1(1)(l) Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 July 2022; Ref: scu.179020
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005
Various cargo owners sought damages against the owners of the ship which had suffered an explosion with the loss of the cargo. The defendants asserted limitation. Some claimants had agreed an extension of time. Proceedings were then issued but served only eventually made with letters claimed to be equivocal. The question was what constituted service. … Continue reading Asia Pacific (Hk) Ltd. and others v Hanjin Shipping Co Ltd (Hanjin Pennsylvania): ComC 7 Nov 2005
The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent prersonally in preparing their defences. Held: As professionals there was no reason to distinguish the cost to the defendants of resisting the claims in … Continue reading Sisu Capital Fund Ltd and others v Tucker and others: 28 Oct 2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate. Held: The absence of the estimate should not deprive the solicitor of payment for the work undertaken … Continue reading Garbutt and Another v Edwards and Another: CA 27 Oct 2005
The claimants sought to amend their particulars of claim to add a request for declarations with regard to a bill of lading and contract for carriage. Held: The application to amend was made more than six years after the cause of action accrued. It was in its nature a new claim. The additional possibility that … Continue reading P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’): QBD 22 Jun 2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living. Held: The appeal failed, and the judge’s analysis was approved. Having entered the profession, the claimant must accept its rules. He had broken them. The … Continue reading Bradley v The Jockey Club: CA 12 Jul 2005
The appellant sought leave to appeal out of time against an order dismissing his action against the solicitors who had acted for his former spouse in matrimonial proceedings. Held: Leave was refused. A solicitor owes his duty to his own client, not to the opponent. The action and the appeal were totally without merit. The … Continue reading Wilkes v Ballam Delaney Hunt (A Firm): CA 18 Aug 2005
Judges should be careful not to create judicial checklists which added a gloss to the civil procedure rules. The claimant’s action had been stayed automatically for not having progressed for a year. The judge applied the checklist in Annodeus to lift the stay. Held: The use of judicially created checklists would create a satellite body … Continue reading La Baguette Ltd and Others v Audergon: CA 23 Jan 2002
Officers of the claimant had been found to have defrauded the plaintiff of many millions of pounds. Money had been paid through the defendant, a Swiss bank, and a garnishee order was sought. There was no presumption that, merely because a debt was a foreign debt, garnishee relief should be refused. The real issue was … Continue reading Kuwait Oil Tanker Company S A K Sitka Shipping Incorporated v UBS Ag: CA 25 Jan 2002
The claimant claimed damages for historic child abuse by a teacher. On 19 January 2018 the Defendant offered to settle the claim by paying pounds 80,000 to the Claimant. On 2 April 2020 the Claimant accepted the offer. Because the period for accepting the offer under Part 36 of the Civil Procedure Rules had expired … Continue reading MRA v Education Fellowship Ltd (Aka Rushden Academy): QBD 22 Apr 2022
Appeal from refusal of total disallowance of costs on assessment after very long delay. Judges: Warren J Citations: [2005] EWHC 1643 (Ch), [2005] 4 Costs LR 688 Links: Bailii Statutes: Civil Procedure Rules 44.14 47 Jurisdiction: England and Wales Costs Updated: 01 July 2022; Ref: scu.229013
Contractors employed by the defendant had wrongfully cut down trees on the claimant’s land. The defendant had offered to settle the plaintiff’s claim with interest. The claimant did not accept the offer. Held: The judge had not made allowance for the offer because it had not been followed by a payment in. The rules gave … Continue reading Stokes Pension Fund v Western Power Distribution (South West) Plc: CA 11 Jul 2005
Appeal from a decision of Morland J, who granted the defendants summary judgment under Civil Procedure Rule 24(2)(a)(2), finding that the claimant, Mr Spencer, had no real prospect of succeeding on his claim. Held: Buxton LJ said: ‘Bearing in mind the emphasis placed on the right to jury trial in section 69 [of the Senior … Continue reading Spencer v Sillitoe and Another: CA 22 Oct 2002
It remains of overriding importance for parties to seek to avoid litigation wherever possible. In this case, a dispute between a local authority and some of the inhabitants of one of its residential homes. The courts now have ample power within the rules to find other ways forward. In this case, the court might of … Continue reading Cowl and Others v Plymouth City Council: CA 14 Dec 2001
Judges: Laddie J Citations: [2004] EWHC 347 (Ch) Links: Bailii Statutes: Data Protection Act 1998 7 Jurisdiction: England and Wales Cited by: See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004 The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. … Continue reading Johnson v Medical Defence Union Ltd: ChD 20 Feb 2004
Citations: [2004] EWHC 358 (Ch), [2004] EWHC 3588 (Ch) Links: Bailii, Bailii Statutes: Civil Procedure Rules 19.10 Jurisdiction: England and Wales Litigation Practice Updated: 30 June 2022; Ref: scu.226164
The claimant licensee alleged that the license contract had been repudiated by the defendant licensor. The claimant succeeded at the trial of liability. The defendant had made a payment into court. The judge was told of the payment but not of the amount. He ordered the defendant to pay the costs of the liability trial … Continue reading HSS Hire Services Group Plc v BMB Builders Merchants Ltd and Another: CA 24 May 2005
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close. Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a … Continue reading Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002
Each side had succeeded in part on their claims and counterclaims, but the Respondent was andpound;5,000 out of pocket. Each party had been ordered to pay the costs of the other. Held: The appeal succeeded. The judge had correctly recognised the difficulty of settling costs on an issue by issue basis, but should have considered … Continue reading Burchell v Bullard and others: CA 8 Apr 2005
An accountant sought payment of his professional fees. The defendants had sought to re-amend their defence and counterclaim. Appeals had variously been allowed to go ahead or denied after the master had not been able to deal with all of them for lack of time. Held: The several appeals raised common issues. Some were first … Continue reading The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005
The landlord had been given permission by the court to adduce one unnamed expert. He obtained one report, but disliked it and sought another. The tenant objected and he was not allowed to rely upon the new report. He appealed judgment in favour of the tenant. Held: A party in such a position was entitled … Continue reading Hajigeorgiou v Vasiliou: CA 10 Mar 2005
The taxpayer sought to challenge in Europe the ruling by the respondents that the mobile phones they supplied did not meet the criteria to be zero-rated for VAT. A decision would be unlikely before 2006. They sought judicial review now of the refusal of the commissioners to make an interim payment. Held: There exists in … Continue reading Regina on the Application of Teleos Plc and others v Commissioners of Customs and Excise: CA 2 Mar 2005
The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis should be allowed to sink back to the ocean bottom. It would muddy the … Continue reading Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005
The claimant had sought an extension of time for service of her claim form in her action for personal injury. The solicitors in error did not include the words ‘claim form’ in their request. The judge had initially held the error was one of drafting not of procedure, and refused rectification. Held: The distinction was … Continue reading Steele v Mooney and others: CA 8 Feb 2005
The court considered an application for leave for a second appeal. Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an important point of principle or practice’ is to an important point of principle or practice that … Continue reading Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
The court found no reason why the courts should apportion costs on a case in accordance with the degree of fault found in a collision giving rise to a claim. Judges: Aikens J Citations: [2008] EWHC 1880 (Admlty), Times 20-Oct-2008 Links: Bailii Statutes: Civil Procedure Rules 44.3(2)(a) Jurisdiction: England and Wales Transport, Costs, Civil Procedure … Continue reading Maritime Inc (Krysia) v Intership Ltd: Adct 1 Aug 2008
The employee first issued a claim in the employment tribunal, and then in the High Court. The defendant company argued that the tribunal proceedings were not concluded before the High Court proceedings were issued, but only later when they were struck out. The employee said she had withdrawn them. Held: The withdrawal of tribunal proceedings … Continue reading London Borough of Enfield v Sivanandan: CA 20 Jan 2005
VDT ASSESSMENT – Over-claimed input tax – Work done to a listed building – Whether alteration or repair – Part of work related to private house – Whether VAT reasonable LEGAL COSTS – Appellants ordered by court to pay building societies costs including VAT – Whether that VAT recoverable in hands of the Appellants – … Continue reading Iliffe and Another (T/A Otterton Post Office) v Customs and Excise: VDT 14 Jan 2004
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
An order striking out a case for abuse by reason of the claimant’s delay should only be made where the delay had lead to a situation where it was no longer possible to secure a fair hearing. Where a fair trial remained possible, the court could use some other remedy to penalise a delaying claimant. … Continue reading In re McHugh Southern Ltd (in Liquidation): ChD 12 Dec 2002
This appeal concerns (1) the principle by which a party to a contract, in this case a tenant under a lease of commercial premises, may recover from the other party a sum paid by him that has been lost as a result of that party’s breach, and (2) the requirement under the Civil Procedure Rules … Continue reading Grange v Quinn: CA 29 Jan 2013
The defendant sought to set aside a possession order made where he did not know of the proceedings. Held: The judge had a discretion, not a duty, to set aside a possession order made in such circumstances. Human rights law required the court to allow a defendant a right to be heard, but if on … Continue reading Akram v Adam: CA 30 Nov 2004
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules. Held: Though his claim still was for wrongful processing under the 1998 Act, that claim … Continue reading Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004
The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in this way. Held: The defendant should apply to the court for leave to add the party outside … Continue reading Shahar v Tsitsekkos and others: ChD 17 Nov 2004
Citations: [2004] EWHC 1778 (TCC) Links: Bailii Statutes: Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Appealed to – Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005 The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the … Continue reading Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004
The court considered what was meant by ‘act promptly’ in the Rule. Held: Dictionary definitions were considered by both Arden LJ and Simon Brown LJ – ‘with alacrity’ or ‘all reasonable celerity in the circumstances’. The court no longer has a broad discretion whether to grant such an application: all three of the conditions listed … Continue reading Regency Rolls Ltd and Another v Carnall: CA 16 Oct 2000
The parties had been involved in a bitter and protracted boundary dispute. The judge had found a minimal encroachment, and awarded nominal damages. He had made an error in the order. At an appeal counsel was given leave to apply to amend the oder under the slip rule (r40.12). Held: The amendment was not the … Continue reading Markos v Goodfellow and others: CA 30 Nov 2001
Appeal against dismissal of claim for damages on basis that it was an abuse being a second attempt to litigate a matter already decided. Judges: Judge, Jonathan Parker LJJ, Bodey J Citations: [2002] CP Rep 6, [2001] EWCA Civ 1597 Links: Bailii Statutes: Civil Procedure Rules 3.4(2)(b) Jurisdiction: England and Wales Litigation Practice, Civil Procedure … Continue reading Collins v CPS Fuels Ltd: CA 9 Oct 2001
Renewed application for leave to appeal: ‘Quite how securely the door to the Court of Appeal should be shut by narrowly confining CPR 52.13(2)(a) to new points or principle, and precisely what the interrelationship is between (2)(a) and (2)(b), are matters which may need to be subject to further and fuller argument if this Court … Continue reading Brown and Brown v Fenwick: CA 4 Oct 2001
An application for summary judgment should not be heard at the same time as a challenge to the jurisdiction of the court. That was the price that a plaintiff paid in asking a court to bring a foreign defendant before a court in England – that defendant had to be given opportunity to challenge the … Continue reading Speed Investments Ltd and Another v Formula One Holdings Limited and Others: ChD 19 Jul 2004
The Civil Procedure Rules did not alter the previous practice in defamation actions, that the words to be relied upon should be pleaded in detail, save only in exceptional circumstances. The case had been properly struck out, as disclosing no reasonable cause of action, where the claimant had failed to establish the words used. Judges: … Continue reading Best v Charter Medical of England Ltd and Another: CA 26 Oct 2001
A party will not be allowed to file pleadings which required him to make contradictory statements of truth in a unified claim. The alternative may be for the proceedings to go ahead as separate, non-unified claims. When considering whether there was evidence to support an amendment, the court should apply the same test as for … Continue reading Clarke (executor of the will of Francis Bacon, deceased) v Marlborough Fine Art (London) Ltd and Another: ChD 20 Nov 2001
A party could be present in court in the person of his legal representative. Despite the new rules, the court should be reluctant to strike out a claim for the absence of a party in person, where his personal presence was irrelevant or most unlikely to be of significant assistance. Judges: Justice Gross Citations: Times … Continue reading Rouse v Freeman: QBD 30 Nov 2001
The pension scheme trustees had obtained leave to issue proceedings to compromise a claim without naming any defendants under the rules. The beneficiaries sought leave to be joined. Held: The urgency of the situation now required the proceedings to be allowed to go ahead without delay, but it would have been better for the trustees … Continue reading Owens Corning Fiberglas (UK) Pension Plan Ltd: ChD 25 Jun 2002
The claimant sought his profit share from a partnership. The defendant complained that the claimant had for some time put his assets beyond reach, and obtained an order for security for costs. The claimant now appealed. Held: The appeal failed. It was not necessary for a defendant in such an action to show that the … Continue reading Harris v Wallis: ChD 10 Mar 2006
The barge had become holed when run aground and then repaired. The repair was faulty, and it sank. The insurers rejected the claim saying that the owners had failed to disclose a report showing areas of thinning of the hull. The underwriters sought to be joined as defendants after judgment. Held: It was argued that … Continue reading Humber Work Boats Ltd v ‘Selby Paradigm’, Owners of Mv and others: AdCt 23 Jul 2004
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal. Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be reluctant to review a tribunal practicing as expert in an area for which it had … Continue reading Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading: CA 8 May 2002
The claimant appealed against a costs award made to him when acting as a litigant in person. Held: The appeal was allowed. A litigant in person may be able to claim for the costs of his research, subject to the cap in the rules. Schiemann LJ said: ‘If one reads together 48.6(2) and (4) one … Continue reading Wulfsohn, Regina (on the Application of) v Legal Service Commission: CA 8 Feb 2002
The claimant renewed her application for leave to appeal, but had first asked the judge to recuse himself for apparent bias having already expressd an opinion on the papers submitted. Held: Reconsideration by the same judge who had refused leave on the papers was part of the system. Applying Kheino, parties who did not bring … Continue reading Rezvi v Air Canada: CA 14 Feb 2002
The claimants renewed their application for permission to appeal from an order granting an application made by the defendant, Talksport Ltd, to exclude certain evidence which the claimants appeared to wish to adduce at the trial of the action. Mr Irvine, a famous racing driver, talked of the defendant’s use of his image for advertising … Continue reading Irvine and Another v Talksport Ltd: CA 18 Jan 2002
A defendant sought relief from sanctions for failing to comply with the requirements of an unless order. ‘The application raises the question of the extent to which the Court will grant such relief when a party has failed to comply with a consent order so that the sanction for failure to comply has been imposed … Continue reading Chiu and Others v Waitrose Ltd and Others: TCC 25 May 2011
The claimant sought expert evidence to support her claim for personal injuries. A draft report was produced, followed by a final report which was disclosed. She appealed an order requiring disclosure of the draft report. Held: The appeal succeeded. The rules required disclosure of a report. They could not be read to require disclosure of … Continue reading Jackson v Marley Davenport Ltd: CA 9 Sep 2004
The court applied a wide interpretation of the word ‘instructions’ where the Rules exempted such instruction to experts preparing a report. Judges: Hart J Citations: Unreported, 15-Jan-2001 Statutes: Civil Procedure Rules 35.10 Jurisdiction: England and Wales Cited by: Doubted – Lucas v Barking, Havering and Redbridge Hospitals NHS Trust CA 23-Jul-2003 The claimant appealed an … Continue reading Morris v Bank of India: ChD 15 Jan 2001
The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002
The three rules listed in the Civil Procedure Rules, should also be applied in the Admiralty and Commercial Courts, with effect from March 25 2002. Child marks the change over to the Civil Procedures Rules from the Commercial Court Guide, for much business in those courts, and a new edition of the Guide has been … Continue reading Practice Statement (Admiralty and Commercial Courts: Procedure): ChD 18 Mar 2002
The claimant had in the course of proceedings obtained an order requiring an employee of the third party to attend as a witness. That third party now sought to be joined so as to claim its costs. Held: The Act and the rules allowed the court to make an order for costs against a party … Continue reading Individual Homes Ltd v Macbream Investments Ltd: ChD 23 Oct 2002
Where a defendant had failed to file an acknowledgement of service or defence in time, and the claimant sought judgment in default, the defendant could not, as of right, file an acknowledgement and defence late. He must apply to the court for relief, but an extension of time might normally be granted. Judges: Justice Neuberger … Continue reading Coll v Tattum: ChD 21 Nov 2001
A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted. Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, … Continue reading Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005
An application by a scaffolding sub-contractor for disclosure and pre-claim disclosure under CPR Part 31.16. Judges: Akenhead J Citations: [2011] EWHC 2210 (TCC) Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Civil Procedure Rules Updated: 19 June 2022; Ref: scu.443854
The appellant sought permission to appeal out of time against a costs order. The claimant said he had submitted a notice of appeal, but the court had no trace of it, and the cheque had not been encashed. Held: Looking at the merits of the appeal, the argument now sought to be used had been … Continue reading Jobson v Record and Another: CA 17 Aug 2005
Citations: [2001] EWCA Civ 134, (2001) 33 HLR 70, [2001] CP Rep 70 Links: Bailii Statutes: Access to Justice Act 1999 54, Civil Procedure Rules 52 Jurisdiction: England and Wales Housing, Litigation Practice Updated: 18 June 2022; Ref: scu.217917
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’ Held: Although it was open to an Employment Tribunal to make … Continue reading Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004
The defendant applied to have set aside judgement entered against him in default of acknowledgment of service. Held: The authorities make it plain that, in order to satisfy the test for resisting a summary claim for for wrongful repudiation and/or breach of contract, a defendant has to demonstrate a defence which is not ‘false, fanciful … Continue reading International Finance Corporation v Utexafrica SPRL: ComC 9 May 2001
The claimant sued its professional advisers, alleging that they had failed to advise the claimant of the fraudulent activities of its own executive. A substantial action was under way, and the parties sought directions from the court in the transition to the new Civil Procedure Rules. Citations: [2000] EWHC 209 (Comm) Links: Bailii Jurisdiction: England … Continue reading Dubai Aluminium Company Ltd v Deloitte Haskins and Sells and others: ComC 4 Dec 2000
Claimants sought damages for personal injuries after immunisation with the MMR vaccine. Citations: [2001] EWCA Civ 2027 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Citing: Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987 The powers in the section together with the power to make orders for costs under … Continue reading Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001
The court considered the circumstancs allowing a striking out. Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly proportionate, the judge should give reasons why it was proportionate in the particular case. Only in a case … Continue reading Asiansky Television Plc and Another v Bayer-Rosin: CA 19 Nov 2001
The defendants had been given extended time to comply with an order for pre-action discovery. Leave to appeal had been granted, with a stay, but there was confusion as to whether expedition was also ordered. The current date had been fixed, but application was now made for that date to be vacated. Held: The court … Continue reading Black and Another v Sumitomo Corporation and others: CA 28 Sep 2001
Application to clarify terms of earlier order about status of findings by the Court of Appeal in representative applications. Judges: Chadwick LJ Citations: [2001] EWCA Civ 1438, [2002] CP Rep 11 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 June 2022; Ref: scu.201338
There was a boundary dispute. The judge in the County Court had made an error. Counsel had offered to apply to amend the order under the slip rule, and therefore the judge had refused leave to appeal. Held: This was an application for leave to apply for a second appeal, and such appeals only very … Continue reading Markos v Goodfellow and Barke and Barke: CA 26 Jul 2001
Application to amend order under slip rule. Citations: [2001] EWCA Civ 1306 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2) ChD 30-Mar-2000 The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a … Continue reading Gwembe Valley Development Company Ltd v Koshy and Another: CA 25 Jul 2001
Judges: Simon Brown LJ, Chadwick LJ, Longmore LJ Citations: [2001] EWCA Civ 871, [2001] EMLR 34 Links: Bailii Jurisdiction: England and Wales Citing: See Also – McPhilemy v Times Newspapers Limited; Clarke and Neil (1) CA 25-Nov-1998 . . See Also – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999 The new Civil … Continue reading McPhilemy v Times Newspapers Ltd and others: CA 12 Jun 2001
Application for leave to appeal out of time and for admission of new evidence discovered only after trial. Held: Granted. Judges: Peter Gibson, Clarke LJJ Citations: [2001] CPLR 355, [2001] EWCA Civ 906, [2001] CP Rep 89 Links: Bailii Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 June 2022; Ref: scu.201134
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs. Held: An order for security may not legitimately be based on the bare fact of residence abroad, which would amount in most cases to discrimination on grounds … Continue reading Nasser v United Bank of Kuwait: CA 11 Apr 2001
The court considered the application of CPR 3.9(1) to a decision relating to the relief of a sanction. Held: Lord Justice Brooke said: ‘It is essential for courts, exercising their discretion on an occasion like this, to consider each matter listed under CPR 3.9(1) systematically in the same way as it is now well known … Continue reading Bansal v Cheema: CA 2 Mar 2000
In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: … Continue reading Firstdale Ltd v Quinton: ComC 5 Aug 2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law. Held: The defendant’s application to set aside the judgment in default succeeded. The claimant’s applications in respect of CPR 3.10 and CPR 6.9 were refused. The Civil … Continue reading Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004
There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004
The defendant had made a payment into court. She then applied to reduce the amount paid in, but the claimant accepted the original sum before that application was heard. The defendant appealed saying that their application operated as a stay. Held: The rules did not spell out the answer. The defendant could have made an … Continue reading Flynn v Scougall: CA 13 Jul 2004
The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as … Continue reading Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004
The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. Judges: Mr Justice Brooke Lord Justice Mance Lord Justice Dyson Citations: [2004] EWCA (Civ) 835, Times 08-Jul-2004, [2005] CP Rep 2, [2005] 1 Costs LR 18 Links: Bailii Statutes: … Continue reading Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004
Letters of request. The claimants brought an action for fraudulent misrepresentation. The documents disclosed by the defendants indicated there had been criminal conduct including bribery of the Azeri authorities. The Director of the SFO served notices under section 2 of the CJA 1987 requiring both parties to produce the relevant documents to the SFO. The … Continue reading Marlwood Commercial Inc v Kozeny: CA 25 Jun 2004
Judges: The Honourable Mr Justice Langley Citations: [2004] EWHC 1182 (Comm) Links: Bailii Statutes: Civil Procedure Rules 31.18 Civil Procedure Rules Updated: 11 June 2022; Ref: scu.197948
The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the claimant. Held: The Rules should generally be interpreted without reference to case law under the … Continue reading Hashtroodi v Hancock: CA 27 May 2004
The provisions of the Civil Procedure Rules as to costs in Family division proceedings did not replace entirely the old rules after April 26, 1999, and the Leary case was not superceded. The requirement for summary assessment of costs for hearings less than a day did not abrogate the power to make such an assessment … Continue reading Q v Q (Family proceedings: Costs order): FD 21 Jun 2002
The court was asked to decide whether an interim award of damages should be limited to calculations up to the claimant’s sixteenth birthday. Judges: Eady J Citations: [2011] EWHC 1638 (QB), [2011] PIQR P18 Links: Bailii Statutes: Civil Procedure Rules 3.1(2) Jurisdiction: England and Wales Personal Injury, Damages Updated: 11 June 2022; Ref: scu.441247
