Judges: Mr R Ryssdal, P Citations: [1988] ECHR 16 Links: Bailii Statutes: European Convention on Human Rights 5 Jurisdiction: England and Wales Citing: See Also – Bouamar v Belgium ECHR 29-Feb-1988 Hudoc Violation of Art. 5-1; Violation of Art. 5-4; Just satisfaction reserved; Judgment (Just satisfaction) Struck out of the list (friendly settlement)A person detained … Continue reading Bouamar v Belgium: ECHR 27 Jun 1988
PAYE – Penalties under Schedule 56 Finance Act 2009 – whether ‘special circumstances’ reduction under para 9 or potential reasonable excuse under para 16 Schedule 56 must be considered by HMRC before assessing penalty – no – whether the penalty was disproportionate – no – whether penalty should be struck down due to perceived ‘unfairness’ … Continue reading Agar Ltd v Revenue and Customs: FTTTx 6 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
EAT RACE DISCRIMINATION – IndirectPRACTICE AND PROCEDUREAppellate jurisdiction/reasons/Burns-BarkeCostsThe Employment Judge correctly struck out the Claimant’s claims as having no prospect, and being misconceived. At a rolled up rule 3(10) and all-parties preliminary hearing, the EAT held the Employment Tribunal had no jurisdiction on the Claimant’s claims against the regulator of care homes and the GMC. … Continue reading Jooste v General Medical Council and Others: EAT 4 Jul 2012
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal Disability Discrimination Act and unfair dismissal claims struck out for non compliance with an unless order for further and better particulars. Relief granted against that sanction in respect of the claim for unfair dismissal but not in respect of the DDA claim. Employment Judge failed sufficiently to articulate his … Continue reading Mustafa v Guy’s and St Thomas NHS Foundation Trust: EAT 22 Dec 2011
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of the Osman duty. Held: The court they summarised the relevant law. The positive duty under … Continue reading Gorovenky And Bugara v Ukraine: ECHR 12 Jan 2012
EAT Transfer of Undertakings : TransferPRACTICE AND PROCEDURE – Striking-out/dismissalTUPE. Strike out. Claimants claimed – relying on Spijkers v Gebroeders Benedik Abbattoir [1986] 2 CMLR 296 – that they were dismissed because of a relevant transfer. Claims presented against (alleged) transferee company, relying on Litster v Forth Dry Dock and Engineering Co Ltd [1989] SC … Continue reading Cunningham and Others v Clydebank Engineering and Fabrication Ltd: EAT 18 Oct 2011
EAT Practice and Procedure : Costs The Claimant asserted he had lodged a statutory grievance but he never had and did not so inform his representative. His claim of per-employment race discrimination was struck out. An Employment Tribunal went on to find in his favour in respect of later events. The EAT would not interfere … Continue reading Bouheniche v Secretary of State for Work and Pensions: EAT 12 Oct 2011
The defamation claimant sought that certain paragraphs of the defence should be struck out. Held: Several paragraphs of the defence were struck out, and others left. Judges: Tugendhat J Citations: [2011] EWHC 272 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lucas-Box v News Group Newspapers Ltd; Polly Peck (Holdings) Plc v Trelford, … Continue reading Hunt v Evening Standard Ltd: QBD 18 Feb 2011
Judges: Nicola Davies J DBE Citations: [2010] EWHC 2558 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(10) Jurisdiction: England and Wales Cited by: See Also – Jooste v General Medical Council and Others EAT 4-Jul-2012 EAT RACE DISCRIMINATION – IndirectPRACTICE AND PROCEDUREAppellate jurisdiction/reasons/Burns-BarkeCostsThe Employment Judge correctly struck out the Claimant’s claims as having no . … Continue reading Jooste v General Medical Council: Admn 19 Oct 2010
VALUE ADDED TAX — Kittel denial of input tax – strike out applications – whether issue estoppel applies – no – whether HMRC should be barred from part of the proceedings – no – – whether Appellant’s appeal should be struck out in part – no – whether HMRC’s Statement of Case may be amended … Continue reading Microring Ltd v Revenue and Customs (Value Added Tax – Kittel Denial of Input Tax): FTTTx 12 Jul 2019
UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011
EAT Practice and Procedure : Striking-Out or DismissalIt is an abuse of process for a Claimant, whose claim was compromised by monetary agreement or award to seek to re-open it 17 years after his unfair dismissal when, in light of a changed pension regime, it turned out to be not so good a deal. The … Continue reading Hughes v Transport for London: EAT 19 Sep 2011
Citations: [2011] EWHC 2677 (QB) Links: Bailii Citing: See Also – Miller v Associated Newspapers Ltd QBD 11-Nov-2003 A policemen sued in defamation. The newspaper pleaded Reynolds qualified privilege. Held: The plea was struck out. There has developed tendency of defendants to plead qualified privilege since the Reynolds decision in ‘rather waffly . . See … Continue reading Miller v Associated Newspapers Ltd: QBD 11 Nov 2011
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003
The Council appealed against an order dismissing its application for the claimants’ claims under equal pay legislation to be struck out for want of jurisdiction. The claims had been brought in the High Court rather than te hEmployment Tribunal, thus extending the effective limitation date from 6 months to six years. Held: The Council’s appeal … Continue reading Birmingham City Council v Abdulla and Others: CA 29 Nov 2011
A solicitor was held to owe a duty to a party other than his client where, having carriage of the court’s order, he failed to comply with the duty (imposed by a rule of court) to lodge a request for the investment of money in court at the Chancery pay office and he was be … Continue reading Batten v Wedgwood Coal and Iron Company: ChD 18 Jan 1886
The defendant sought to have struck out a claim where the claimant was bankrupt, and the debt was unassigned from the trustee in bankruptcy. Citations: [2008] EWHC 3409 (Ch), [2009] PNLR 10, [2009] BPIR 114, [2009] Lloyd’s Rep PN 25 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Pickthall and Another v … Continue reading Pickthall v Hill Dickinson Llp and Another: ChD 13 Oct 2008
The claimant company manufactured electric cars. They claimed that a review of a car on the defendant’s programme ‘Top Gear’ included malicious falsehoods and was defamatory. Held: The defamatory meanings claimed could not properly be attributed to the material in the program. The claim was struck out. Judges: Tugendhat J Citations: [2011] EWHC 2760 (QB) … Continue reading Tesla Motors Ltd and Another v British Broadcasting Corporation: QBD 28 Oct 2011
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied. Held: Assuming (which was denied) that the allegations made by the claimant were true as to what had happened, the claimant … Continue reading Khader v Aziz and Another: QBD 31 Jul 2009
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
There was as allegation of defamation by one doctor against another. Held: Eady J said: ‘To participate in a publication in such a way as to be liable in accordance with the law of defamation is not, I should emphasise, to be equated with being a source of the information contained within the relevant document. … Continue reading B v N and Another: QBD 31 Jul 2002
In considering what evidence can be used in mitigation of damages in defamation, it is necessary to draw a distinction between evidence which is put forward to show that the plaintiff is a man of bad reputation and evidence which is already before the court on some other issue. Neill LJ set out rules for … Continue reading Pamplin v Express Newspapers Ltd (2): CA 1988
A libel defence of justification which was based on ‘reasonable grounds for suspicion’ must focus on conduct of claimant that gives rise to suspicion. It was not permissible to rely upon hearsay. Defendant may not plead as ‘grounds’ material which had become available only after publication. A Lucas-Box meaning might fall into one of three … Continue reading Chase v News Group Newspapers Ltd: QBD 29 May 2002
The plaintiff, a retired policeman was featured in a film about the Great Train Robbery. He sought to say that paper reviews of the film, and trailers worked to spread the libel, and should count in the assessment of damages against the defendant, who in turn sought to have that leading struck out. Held: Whether … Continue reading Slipper v British Broadcasting Corporation: CA 1990
Where a defendant in a defamation action sought to reduce the damages payable by arguing that the claimant had a reduced or damaged reputation, he could include evidence about particular facts only where these were directly connected to the background circumstances which led to the offending publication. General evidence was admissible, but particular evidence of … Continue reading Burstein v Times Newspapers Ltd: CA 20 Dec 2000
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 defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication. Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be … Continue reading Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001
The complainant requested information held by the Royal Liverpool and Broadgreen University Hospitals NHS Trust concerning a doctor recorded on the complainant’s medical notes. The Information Commissioner’s decision is that the Trust holds no recorded information within the scope of the request. The Information Commissioner requires no steps to be taken. Information Tribunal appeal EA/2012/0176 … Continue reading Royal Liverpool and Broadgreen University Hospitals NHS Trust (Decision Notice) FS50435332: ICO 2 Aug 2012
The complainant requested information from the Royal Liverpool and Broadgreen University Hospitals NHS Trust concerning an unidentified doctor and an operation performed on the complainant by the Trust. The Trust has applied section 14(1) of the FOIA (vexatious requests) to a number of requests by the complainant seeking such information. The Information Commissioner’s decision is … Continue reading Royal Liverpool and Broadgreen University Hospitals NHS Trust (Decision Notice) FS50437393: ICO 2 Aug 2012
The complainant has requested internal information on how the Information Commissioner’s Office handled any complaints it had received in May and July 2011 relating to any decision notices issued which had found that no information was held under section 1 of the FOIA. The public authority disclosed some information to the complainant, and stated that … Continue reading Information Commissioner (Decision Notice) FS50443279: ICO 9 Aug 2012
RESTRICTIVE COVENANT – preliminary issues – 2 previous unsuccessful applications – National Trust objecting – whether application should be struck out – held it should not be – compensation – whether ground (aa) should be struck out on basis that money would not be adequate compensation – held it should not be – Law of … Continue reading Thames Valley Holdings Led, Re Land at Ockwells Road: UTLC 16 Aug 2011
The revenue appealed against refusal of its petition for the winding up of the company for non-payment of a VAT assessment. The company said that the assessment was disputed. The revenue said that the company had been run for the purpose of submitting false VAT Input tax claims, and suppressing Output tax invoices. Held: The … Continue reading Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011
EAT (Practice and Procedure : Striking-Out or Dismissal) The Employment Judge ought not to have struck out the Claimant’s claim for unfair dismissal under section 103A of the Employment Rights Act 1996. Ezsias v North Glamorgan NHS Trust [2007] ICR 1126 applied. Judges: Richardson J Citations: [2011] UKEAT 0182 – 11 – 0909 Links: Bailii … Continue reading Pillay v Inc Research UK Ltd: EAT 9 Sep 2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalRACE DISCRIMINATION – DirectThe Employment Judge correctly struck out the Claimant’s case against his employers and numerous members of staff as being out of time. In respect of his claim to be an employee of the solicitors he instructed to pursue the employment claims, because he did work to provide … Continue reading Igboji v Tesco Stores Ltd and Another: EAT 24 Aug 2011
The defendant had stopped on the hard shoulder of the motorway at night, but displayed no lights. A truck, the driver having fallen asleep at the wheel, hit the car and a passenger died. The prosecutor now appealed accession to a submission of no case to answer on the charge of causing death by dangerous … Continue reading A, Regina v: CACD 17 Mar 2020
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal The Employment Judge correctly struck out the Claimant’s claims as being scandalous and vexatious, and he had not complied with orders or attended to prosecute his claims or his appeal. Costs in the EAT were provisionally ordered. Judges: McMullen QC J Citations: [2011] UKEAT 0117 – 11 – 0908 … Continue reading Malik v Plymouth Hospitals NHS Trust and Others: EAT 9 Aug 2011
The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011
What directions should be given to the jury when a defendant charged with causing death by dangerous driving in one count submits that he did not cause the death of a person, but that a driver in another vehicle, whose death the defendant is also said to have caused in another count, did? Lawyers have … Continue reading Girdler v Regina: CACD 15 Dec 2009
EAT A claim was made for sex discrimination. The tribunal considered the approach to be taken in the absence of a real comparator. Held: The tribunal had been correct to construct an hypothetical comparator. from how the employers treated actual unidentical, but not wholly dissimilar, cases.‘Where there is no evidence as to the treatment of … Continue reading The Chief Constable of West Yorkshire v Vento: EAT 8 Jun 2000
Computers had been supplied by the second defendant to the claimant and first defendant at different times for exclusive distribution in the UK. Defects were alleged. The case concerned applications made for dismissal of a case as an abuse of process, and for discovery. A previous action had been settled against the second defendant. Allegations … Continue reading Time Group Limited v Computer 2000 Distribution Limited and IBM United Kingdom Limited: TCC 4 Feb 2002
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants said that the claims had in effect already been decided against the claimants in an arbitration. … Continue reading Michael Wilson and Partners Ltd v Sinclair and Others: ComC 21 Sep 2012
Carnwath LJ considered the effect of Bugajny and other cases after Sporrong: ‘ Later cases (see eg Bugajny v Poland (Application No 22531/05) (unreported) given 6 November 2007, para 56 and following) have given further guidance on the practical application of article 1 to individual cases. First, the three rules are not ‘distinct in the … Continue reading Thomas and Others v Bridgend County Borough Council: CA 26 Jul 2011
The claimant’s defamation action had been stayed as unjusticiable. The second defendant now appealed against an order for costs against it. Held: The appeal against the costs order was allowed. Judges: Maurice Kay, Richards, Leveson LJJ Citations: [2011] EWCA Civ 815 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Shergill v Purewal and … Continue reading Shergill v Purewal and Another: CA 22 Jun 2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalAt a preliminary hearing at which the claim was struck out, the Employment tribunal judge had erred in acting upon factual conclusions going beyond those admitted by the parties. Judges: Lady Smith Citations: [2011] UKEAT 0065 – 10 – 2705 Links: Bailii Jurisdiction: Scotland Cited by: Appeal from – Tayside … Continue reading Reilly v Tayside Public Transport Company Ltd and Another: EAT 27 May 2011
The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either open or very easy for him to open, was held to … Continue reading Carmarthenshire County Council v Lewis: HL 17 Feb 1955
Defendant’s application that the claim be struck out, alternatively that summary judgment be given for the defendant. Judges: Mr Justice Hamblen Citations: [2013] EWHC 1181 (Comm) Links: Bailii Jurisdiction: England and Wales Contract Updated: 15 September 2022; Ref: scu.509278
Appeal from the order of Master Leslie made on 3 October 2012 whereby he refused permission to the appellant, Miss June Frankham to amend her defence and counterclaim in an action brought against her by the National Westminster Bank to recover moneys lent. The master also ordered that her existing defence and counterclaim be struck … Continue reading National Westminster Bank v Frankham: QBD 10 May 2013
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalAGE DISCRIMINATIONA Claimant does not establish an inference of discrimination simply by showing that he has been dismissed and replaced by someone whose protected characteristics are different from his own. Since the Claimant had done no more than that in respect of the allegations of sex and race discrimination, the … Continue reading Community Law Clinic Solicitors Ltd and Others v Methuen: EAT 8 Apr 2011
The defendant sought a strike out of the claim in defamation, saying that postings made on its web-sites were fair and accurate reports of court proceedings published contemporaneously. The claimant solicitor had been the subject of disciplinary proceedings by the Law Society. The articles had been removed on the day a complaint was made. Held: … Continue reading Karim v Newsquest Media Group Ltd: QBD 27 Oct 2009
The parties disputed the extent of duty owed by a surveyor to a lender relying on his valuation of a property to be loaned. Held: The valuer’s appeal failed. The valuer had valued the wrong property, after being misled by the borrower. The lender was entitled to damages. The court should ask whether, having regard … Continue reading Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc): CA 31 Jul 2008
The claimant sought to pursue an action for professional negligence against his solicitors. They said that the action was an abuse being an attempted relitigation of matters already settled when a judge had decided that the defendants had not owed a duty of care to the claimant, and applied to have the case struck out. … Continue reading Laing v Taylor Walton (A Firm): QBD 20 Feb 2007
(New Zealand Court of Appeal) The court discussed the indemnity given to witnesses: ‘But I cannot narrow the protection to what is done in court: it must be wider than that and include some pre-trial work. Each piece of before-trial work should, however, be tested against the one rule; that the protection exists only where … Continue reading Rees v Sinclair: 1974
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to … Continue reading Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The offence of accepting an unauthorised deposit requires both knowledge of the act and an agreement to it. Where ‘consent’ is alleged against him, a defendant has to be proved to know the material facts which constitute the offence by the body corporate and to have agreed to its conduct of the business on the … Continue reading Attorney General’s Reference (No 1 of 1995); Regina v B; Regina v F: CACD 30 Jan 1996
The claimant complained that the defendant had published his name as a suspect in terrorist activities. He had been released without charge, but the defendant had not published that fact. The court was now asked whether he had a reasonable expectation of privacy in respect of his arrest. Judges: Warby J Citations: [2020] EWHC 3541 … Continue reading Sicri v Associated Newspapers Ltd: QBD 21 Dec 2020
EAT PRACTICE AND PROCEDUREReviewStriking-out/dismissalNew evidence on appealSubstantive claims dismissed without a successful appeal against that ET Judgment. Review application out of time and without merit. Second claim, re-litigating the first, properly struck out. Application to admit unredacted documents available at original ET hearing refused. Judges: Peter Clarke J Citations: [2011] UKEAT 0612 – 10 – … Continue reading Weare v HBOS plc: EAT 5 May 2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the reference and of making numerous errors of law, in respect of each of which they were obviously … Continue reading Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011
The claimant was said to have fraudulently exaggerated the damages associated with a valid personal injury claim. The defendant argued that the claim should be struck out entirely as a punishment. Held: The defendant’s appeal failed. The Court was bound by clear authority. Since there were no conflicting decision, the case of Rickards could not … Continue reading Summers v Fairclough Homes Ltd: CA 7 Oct 2010
(Commission – Admissibility) The Corporation complained that it had been served with a witness summons obliging it to to hand over materials in its possession, both broadcast and not-broadacst being coverage of a riot. Judges: Rozakis P Citations: 25798/94, [1996] ECHR 82 Links: Bailii Statutes: European Convention on Human Rights 6 10, Criminal Procedure (Attendance … Continue reading British Broadcasting Corporation v United Kingdom: ECHR 18 Jan 1996
The court was asked whether an action alleging that the settlement of an earlier personal injuries action was obtained by fraud should be struck out on the grounds that the issues are res judicata or that the action is an abuse of process because the defendant in that earlier action had alleged that the claimant … Continue reading Zurich Insurance Company Plc v Hayward: CA 27 May 2011
Gladehurst had let the property to the two tenants under an assured shorthold tenancy. They paid a deposit, which it retained and never paid into the deposit scheme. The tenancy came to an end when the tenants vacated the property, after which deductions from the deposit were made for breaches of the cleaning and repairing … Continue reading Gladehurst Properties Ltd v Hashemi and Another: CA 19 May 2011
Practice and ProcedureThe claimant presented complaints of direct race discrimination and/or harassment that were out of time. She also applied to amend her claim to add a further Equality Act complaint, which, had it been raised as a freestanding claim at that time, would also have been out of time. In refusing, at a preliminary … Continue reading Kumari v Greater Manchester Mental Health NHS Foundation Trust: EAT 26 Apr 2022
The claimant sought the strike out of the defendants pleadings. The first defendant was found to have been responsible for the killing of the deceased. The proceedings had been prolonged by procedural challenges by the defendant. Held: The defendants by their refusals to co-operate with the court had deprived themselves of the right to defend … Continue reading Raja v Van Hoogstraten and others: ChD 12 Jun 2006
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but not his name. Held: The claim should be struck out. The existing articles … Continue reading Allen v The Grimsby Telegraph and Another: QBD 2 Mar 2011
The court heard an application by a minority shareholder for an order for the sale of the interest of the majority shareholder to him. Rattee J said: ‘It may be comparatively unusual for a majority shareholder of the company to be ordered to sell its shares to minority shareholder petitioners, but in the circumstances of … Continue reading In re Brenfield Squash Rackets Ltd: ChD 1996
Each defendant sought summary rejection of defamation claims by the claimant as regards reports of breaches of harassment injunctions granted against her. Held: ‘There is no doubt that the proceedings are an attempt by the Claimant to relitigate in this libel action the matters which she sought to rely upon in support of her unsuccessful … Continue reading Krause v Newsquest Media Group Ltd and Another: QBD 11 Nov 2013
The claimants alleged breaches of legislation by members of the group of companies named as defendants giving rise to claims in conspiracy to injure by unlawful means. In effect they had been denied the opportunity to make interconnections with mobile telephones communications networks operated by the defendants. Held: The court examined the duties placed on … Continue reading Digicel (St Lucia) Ltd and Others v Cable and Wireless Plc and Others: ChD 15 Apr 2010
Judges: Lord Justice Kennedy Lord Justice Sedley Lord Justice Scott Baker Citations: [2004] EWCA Civ 329 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Roe v Sheffield City Council and others CA 17-Jan-2003 The claimant sought damages after his car was involved in an accident when a wheel struck a part of a … Continue reading Roe v Sheffield City Council, South Yorkshire Light Rail Ltd, South Yorkshire Supertram Ltd, Balfour Beatty Power Construction Ltd: CA 23 Mar 2004
The claimants were main contractors on a construction project. The respondents were sub-contractors. After difficulties, the sub-contractor was ejected from the site. The issue was as to the jurisdiction of the adjudicator. Was the project, to create a sewage station, a ‘construction operation’ within the Act? Held: The sum was due under the contract irrespective … Continue reading Parsons Plastics (Research and Development) Ltd v Purac Ltd: CA 12 Apr 2002
Partnership – Articles. – In the articles of copartnery of the Douglas, Heron, and Co.’s Banking Company, it was provided that the heirs and executors of a deceasing partner should be obliged to receive and draw his share in the stock and profits thereof, as the same should be ascertained by the last balance struck … Continue reading David Blair, Esq of Dunskey v Messrs Douglas, Heron, and Co: HL 30 Apr 1777
ECHR Article 37-1 Striking out applications State’s unilateral declaration recognising violation of applicants’ rights and awarding compensation: struck out Facts – The applicants were two religious groups and six individuals. In 2002 the two applicant groups’ enrolment in the national register of associations was annulled as they could not be classified as a private-law entity … Continue reading Union of Jehovah’s Witnesses of Georgia and Others v Georgia (Dec): ECHR 21 Apr 2015
The claimant (aged 6) sought damages after being hurt when other children playing on a building site threw stones from the site, hitting him as he passed by. Held: The case raised questions of law and it was incumbent on the judge to provide detailed findings on the facts. A question of law was arguable, … Continue reading Gabriel v Kirklees Metropolitan Council: CA 24 Mar 2004
The complainant requested comments made by other residents which he considers resulted in Surrey County Council refusing an amendment to a disabled parking bay zone. The council applied section 41 (information provided in confidence) and section 40(2) (personal data of third parties) and refused his request. On review it upheld that decision. The Commissioner’s decision … Continue reading Surrey County Council (Decision Notice): ICO 16 Aug 2012
The claimant alleged that the defendants, employed as regulators and otherwise of the solicitors profession had conspired to manufacture evidence against him. The defendants now sought to have the claim struck out. Judges: Supperstone QC J Citations: [2011] EWHC 998 (QB) Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 07 September 2022; Ref: scu.432859
EAT DISABILITY DISCRIMINATION – Reasonable adjustments PRACTICE AND PROCEDURE – Striking-out/dismissal The Employment Judge erred in striking out the Claimant’s claim. The Claimant, a job applicant, was interviewed about a competency different to that which had been (mistakenly) set out in the advertisement for the post. The Employment Judge correctly proceeded on the basis that … Continue reading Noor v Foreign and Commonwealth Office: EAT 14 Feb 2011
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure UNFAIR DISMISSAL – Reason for dismissal including substantial other reason (1) An employee who has been dismissed because of the breakdown of working relationships between himself and his colleagues (irrespective of whether he had been responsible for, or had contributed to, that breakdown) had not had … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 18 Mar 2011
EAT PRACTICE AND PROCEDURE New evidence on appeal Striking-out/dismissal RACE DISCRIMINATION – Continuing act Fresh evidence on appeal – continuing act – ET rule 18(7)(b) strike-out. Fresh evidence admitted to show that final complaint was in time, but that earlier complaints did not form part of a continuing act (separate job applications by non-employee). Final … Continue reading Iteshi v London Borough of Hammersmith and Fulham: EAT 17 Mar 2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by the Respondent he submitted an ET1 alleging he had been laid off. By a judgment of Employment Judge Salter (‘the … Continue reading Foster v Bon Groundwork Ltd: EAT 17 Mar 2011
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings. Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these competing principles where they become engaged, as in the case of the application of section 39. … Continue reading A Child v Cambridge University Hospitals NHS Foundation Trust: QBD 4 Mar 2011
The claimants appealed against the strike out of their claims for damages for breach of contract on imposing changes in employment contract and conditions. The County Court had accepted the Council’s arguments on the construction and application of s.2(3) and struck out the equal pay claims saying that the expiry of time for presenting the … Continue reading Ashby and Others v Birmingham City Council: QBD 3 Mar 2011
The claimant supporters’ club had brought an action to prevent a substantial shareholder in the first defendant company from selling off land owned by the club for no consideration. The parties had reached a settlement after a protracted claim seeking to prevent a director of a holding company from assigning land belong to the Football … Continue reading Carlisle and Cumbria United Independent Supporters’ Society Ltd v CUFC Holdings Ltd and Others: CA 5 May 2010
Appeal struck out – no reasonable grounds of appeal. Citations: [2009] UKFTT EA – 2009 – 0072 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 01 September 2022; Ref: scu.428739
EAT AGE DISCRIMINATIONAge Discrimination. Civil Service Pension Scheme. Claim that lack of actuarial adjustment in respect of retiral after age 60 amounted to age discrimination struck out by the Employment Tribunal as having no reasonable prospects of success. Appeal dismissed. Citations: [2010] UKEAT 0013 – 10 – 0511 Links: Bailii Employment, Discrimination Updated: 01 September … Continue reading Hadfield v The Health and Safety Executive and Another: EAT 5 Nov 2010
The court was asked to rule that the action in defamation was non-justiciable depending for its outcome on matters of intepretation of the Sikh faith. Held: the action was stayed. Judges: Sir Charles Gray Citations: [2010] EWHC 3610 (QB) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Khaira and Others v Shergill and … Continue reading Shergill v Purewal and Another: QBD 15 Dec 2010
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction. Held: The application was dismissed: ‘ I reject the submission by the Defendant that convenience must be judged in some abstract way by reference to whether a case … Continue reading Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010
Admissibility of extracts from Hansard Judges: Stewart J Citations: [2018] EWHC 1070 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016 The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant … Continue reading Kimathi and Others v The Foreign and Commonwealth Office: QBD 9 May 2018
Continued dispute as to admissibility of certain documents Judges: Stewart J Citations: [2018] EWHC 853 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016 The defendant sought to have struck out from the group litigation, as a nullity the claim … Continue reading Kimathi and Others v The Foreign and Commonwealth Office: QBD 18 Apr 2018
EAT UNFAIR DISMISSAL Strike out. Whether claim had reasonable prospects of success. Whether failure to actively pursue a claim. Employment Tribunal failed to have regard to relevant law and reached conclusions both on the issue of reasonable prospects and whether Claimant had failed to actively pursue his claim which were manifestly not open to it. … Continue reading Balls v Downham Market High School and College: EAT 15 Nov 2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 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
Norris J held: ‘Although the case law refers to crime or fraud or dishonesty (such as fraudulent breach of trust, fraudulent conspiracy, trickery or sham contrivances) it is plain that the term ‘fraud’ is used in a relatively wide sense: Eustice’s case [1995] 1 WLR 1238, 1249D. So a scheme to effect transactions at an … Continue reading BBGP Managing General Partner Ltd and Others v Babcock and Brown Global Partners: ChD 20 Aug 2010
The claimant appealed against an order striking out his claim and a consequential civil proceedings order had been made. Held: ‘ the statement of case in this action disclose no reasonable grounds for bringing any of these claims. Accordingly it must be struck out in its entirety. ‘ Judges: Tugendhat Citations: [2005] EWHC 550 (QB) … Continue reading Branch and others v Department for Constitutional Affairs: QBD 8 Apr 2005
The applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed. Held: The claim was re-instated. This was not the first occasion of default. Nevertheless, the rules listed several matters to be considered, and the judge must apply his mind … Continue reading R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002
The defendant having successfully had the claimant’s defamation action struck out summarily, sought costs on an indemnity basis, saying that his conduct of the matter had substantially and unnecessarily increased the costs. Judges: Sharp J Citations: [2010] EWHC 1939 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Dee v Telegraph Media Group … Continue reading Dee v Telegraph Media Group Ltd: QBD 28 Jul 2010