Tag: Jury

Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd: CA 23 May 2013

Lewison LJ
[2013] EWCA Civ 577, [2013] 4 All ER 377, [2013] WLR(D) 202
Bailii, WLRD
England and Wales
Cited by:
Cited – Phones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.510028

Mellor and Others v Partridge and Another: CA 3 May 2013

The parties respectively appealed against refusal of summary judgment against each other.
Lewison, McCombe LLJ, Sir Stephen Sedley
[2013] EWCA Civ 477
Bailii
England and Wales
Cited by:
Cited – Bhayani and Another v Taylor Bracewell Llp IPEC 22-Dec-2016
Distinction between reputation and goodwill
The claimant had practised independently as an employment solicitor. For a period, she was a partner with the defendant firm practising under the name ‘Bhayani Bracewell’. Having departed the firm, she now objected to the continued use of her name, . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509255

RK, Regina (on The Application of) v South Yorkshire Police and Another: Admn 10 Jun 2013

Dispute between the claimant and South Yorkshire Police (‘SYP’) in connection with the latter’s proposed disclosure to prospective employers of information relating to events allegedly involving the claimant that occurred almost ten years ago. Casting a long shadow across this case is an issue of wider significance: in what circumstances is it appropriate for the police to disclose to prospective employers details of allegations in respect of which the prospective employee was tried and acquitted?
The Hon Mr Justice Coulson
[2013] EWHC 1555 (Admin)
Bailii
England and Wales
Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.510722

Various Claimants v News Group Newspapers Ltd and Others: ChD 12 Jul 2013

The claimants sought disclosure by the police of information relating to the phone hacking activities said to have been conducted by journalists engaged by the first defendant newspaper. They were wanting to make claims against the respondent, but were hampered by the absence of appropriate information.
Held: the first, and real, question is whether the disclosure sought from the MPS could be justified by invoking the Norwich Pharmacal jurisdiction. If it can then no further search for jurisdiction is necessary.
Mann J
[2013] EWHC 2119 (Ch), [2014] EMLR 6, [2013] WLR(D) 314, [2014] 2 WLR 756, [2014] 1 Ch 400
Bailii, Gazette, WLRD
England and Wales
Citing:
Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
Cited – Aoot Kalmneft v Denton Wilde Sapte (A Firm) Merc 29-Oct-2001
The court ordered relief by way of disclosure against a third party: ‘In Norwich Pharmacal the information required was the identity of the wrongdoer (the applicant knew what wrong had been done but not who had done it) but I see no reason why the . .
Cited – Upmann v Elkan CA 5-Jun-1871
The defendant freight forwarding agent was innocently in possession of consignments of counterfeit cigars in transit to Germany through a London dock. The action was not for discovery, but for an order restraining the forwarder from releasing the . .
Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Cited – Ricci v Chow CA 1987
An application was made by the plaintiff for interrogatories which would have revealed the publisher of an allegedly defamatory letter.
Held: The interrogatories were disallowed. Under the Norwich Pharmacal jurisdiction the respondent was no . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.512438

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd: ComC 17 Jul 2013

Gloster LJ declined to decide the point but ‘incline[d] to the view’ that clauses not permitting variation of a contract without the variation being in writing were ineffective.
Gloster LJ
[2013] EWHC 2118 (Comm)
Bailii
England and Wales
Cited by:
Cited – Rock Advertising Ltd v MWB Business Exchange Centres Ltd SC 16-May-2018
The parties disputed whether a contract (licence to occupy an office) had been varied by an oral agreement, where the terms prohibited such.
Held: The ‘no oral variation’ clause applied. Such clauses were in common commercial use and served a . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 July 2021; Ref: scu.513726

Matchbet Ltd v Openbet Retail Ltd: ChD 11 Oct 2013

Claim for damages for alleged breaches of a software licensing and development agreement – variation of contract in breach of entire agreement clause
Henderson J
[2013] EWHC 3067 (Ch)
Bailii
England and Wales
Cited by:
Cited – Rock Advertising Ltd v MWB Business Exchange Centres Ltd SC 16-May-2018
The parties disputed whether a contract (licence to occupy an office) had been varied by an oral agreement, where the terms prohibited such.
Held: The ‘no oral variation’ clause applied. Such clauses were in common commercial use and served a . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 July 2021; Ref: scu.516448

Euromex Ventures Ltd and Another v BNP Paribas Real Estate Advisory and Property Management UK Ltd and Others: ChD 9 Oct 2013

Administrators and then liquidators of a company based at television studios in Hayes, Middlesex were accused of dealing with assets in the Studio in such a way as to convert them. The assets in question mainly, but not entirely, comprised television and studio equipment. The total value of the items that are said to have been converted is put at about pounds 14 million in the Particulars of Claim.
Newey J
[2013] EWHC 3007 (Ch)
Bailii
England and Wales

Updated: 13 July 2021; Ref: scu.516329

L1 v Secretary of State for The Home Department: CA 29 Jul 2013

The appellant regularly travelled between the UK and Sudan. The officials asked the Secretary of State to decide in principle to deprive him of his nationality the next time he was in Sudan and exclude him from the UK, in order to mitigate the risk of the appellant establishing himself in the UK to conduct terrorism-related activities. The Secretary of State made such a decision and a little later the appellant went to Sudan and the Secretary of State made a deprivation decision. The decision was challenged on the basis that it was made in bad faith in order to ensure an appeal could only be out of country and therefore more difficult.
Held: The Secretary of State was not prevented by the legislative scheme from taking steps which hampered the exercise of a right of an in-country appeal if that would or might damage national security.
Laws LJh
[2013] EWCA Civ 906
Bailii
England and Wales
Cited by:
See Also – L1 v Secretary of State for The Home Department SIAC 4-Aug-2014
. .
Cited – Begum v Special Immigration Appeals Commission and Others CA 16-Jul-2020
Return To UK to fight Citizenship Withdrawal
The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an . .

These lists may be incomplete.
Updated: 13 July 2021; Ref: scu.513698