Tag: Litigation Practice

Curtis v Sheffield: CA 1882

Lord Jessel MR said: ‘Now it is true that it is not the practice of the Court, and was not the practice of the Court of Chancery, to decide as to future rights, but to wait until the event has happened, unless a present right depends on the decisions, or there are some other special circumstances to satisfy the Court that it is desirable at once to decide on the future rights. But where all the parties who in any event will be entitled to the property are of age and are ready to argue the case, the reason of the rule departs, and it becomes a bare technicality. The reason of the rule is this, that the Court will not decide on future rights, because until the event happens it does not know who may be interested in arguing the question, and therefore may be shutting out parties who, when the event happens, may be entitled to succeed, but where they are all of age, and every possible party is represented before the Court, as I said before, utility seems to say that there should be a power to determine their rights, as is the case in Scotland and in many other countries.’

Judges:

Jessel MR

Citations:

[1882] 21 ChD

Jurisdiction:

England and Wales

Cited by:

Cited – Re JS (Disposal of Body) FD 10-Nov-2016
Child’s Wish for post-mortem cryonic Preservation
JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 April 2022; Ref: scu.571415

Savings and Investment Bank Ltd (in Liquidation) v Fincken: ChD 2 Mar 2001

The process of testing whether a new cause of action was proposed by an amendment of pleadings to bring into question application of the Limitation Acts, was conducted by asking at what level of abstraction was it claimed that there were one or two causes. Is a different duty relied upon, the nature and extent of the breach, and what is the group of material facts relied upon.

Citations:

Times 02-Mar-2001, Gazette 20-Apr-2001

Statutes:

Limitation Act 1980 35

Jurisdiction:

England and Wales

Cited by:

Appeal from – Savings and Investment Bank Ltd (in Liquidation) v Fincken CA 6-Nov-2001
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have . .
See Also – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Lists of cited by and citing cases may be incomplete.

Limitation, Litigation Practice

Updated: 13 April 2022; Ref: scu.89031

Family Housing Association (Manchester) Ltd v Michael Hyde and Partners: CA 1993

The Plaintiffs had filed evidence of the contents of without prejudice negotiations in order to resist an application by the Defendants to strike out the action for want of prosecution. The question was whether they were entitled to rely on such evidence or whether they were precluded from doing by reason of the fact that the negotiations were without prejudice.
Held: The court considered that reliance upon such without prejudice communications did not infringe, in those particular circumstances, the public policy in favour of exclusion.
Hirst LJ described these circumstances as a ‘narrow context’. To admit it would not infringe the public policy in favour of exclusion, concluding: ‘Consequently I am unable to see how exposure to the course of negotiations in this narrow context is in any way harmful to either side. If the application succeeds, the action will be at an end. If it fails, and the case proceeds to trial, the material will not be available to the trial judge and he will not be in any way embarrassed.
For the above reasons I accept Mr. Bloom’s submissions, which seem to me to have particular force in relation to reliance upon an alleged estoppel . . It seems to me to be manifest that a plaintiff must be entitled to rely for this purpose on any relevant statements in the without prejudice correspondence to demonstrate either conduct or an implied intimation by the defendant that he is willing for the case to proceed.’

Judges:

Hirst, Mann and Balcombe LJJ

Citations:

[1993] 1 WLR 354, [1993] 2 All ER 567, [1993] 2 EGLR 239

Jurisdiction:

England and Wales

Cited by:

Cited – Ravenscroft v Canal and River Trust ChD 14-Sep-2016
Special Circumstances to appoint McKenzie Friend
An application was made to have a nominated person appointed as McKenzie friend and as advocate for the claimant. The claimant’s narrow boat had been seized by the defendant for non payment of licence fees and for not having a Pleasure Boat . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.569655

Allen v Allen: CA 1894

Lopes LJ said: ‘It appears to us contrary to all rules of evidence, and opposed to natural justice, that the evidence of one party should be received as evidence against another party, without the latter having an opportunity of testing its truthfulness by cross-examination.’

Judges:

Lopes LJ

Citations:

[1894] P 248

Cited by:

Cited – Chilton v Saga Holidays Plc CA 3-Dec-1984
At a trial under the small claims procedure, the registrar had declined to allow the defendant company to dross examine the plaintiff, and the counr court judge had held that decision to be well within the registrar’s discertion under the rules, on . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Litigation Practice

Updated: 12 April 2022; Ref: scu.568890

Vaughan v Carsewell And Owen and Co: 1685

Saunders excepted to a judgment in a quod ei deforceat in the Grand Sessions protestando to follow in nature of a writ of entry in the post the tenant vouoht the demandant counterpleaded that it was out of the line, and after adjournment there to another term on demurrer, judgment peremptory was given, which per Jones pro defendant in the error is well on 8 H. 7, 7, per Vavisor, 11 H. 4, 22, peremptory, Br. 9 and 10, for albeit in an assize the party can vouch none but the party named in the writ, yet however when this is counterpleaded it’s peremptory, which the Court agreed after verdict, but this being after demurrer, adjornatur.

Citations:

[1685] EngR 3792, (1685) 2 Keb 553, (1685) 84 ER 347 (D)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 12 April 2022; Ref: scu.400567

Yukos Capital SARL v OJSC Rosneft Oil Company and Others: ComC 16 Apr 2010

Application to discharge freezing order.

Judges:

David Steel J

Citations:

[2010] EWHC 784 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Yukos Capital Sarl v OJSC Rosneft Oil Company ComC 14-Jun-2011
Determination of preliminary issues in application to enforce arbitration awards. . .
See Also – Yukos Capital Sarl v OJSC Rosneft Oil Company CA 27-Jun-2012
The court was asked to enforce an award of a foreign court, but the claimant objected to admission of evidence as to the procedures underlying the obtaining of the judgment which might go to show unfairness.
Held: International comity and the . .
See Also – Yukos Capital Sarl v OJSC Rosneft Oil Company ComC 3-Jul-2014
Preliminary questions relating to the entitlement of the Claimant to recover interest on principal sums awarded in four awards by arbitration tribunals with a Russian seat. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.408677

Braceby v Dalton: 1795

In an action upon the case Mr Wynne moved on affidavit that the defendant did not know the plaintiff that the attorney for the plaintiff might give an account who his client was, and where he lived, But the Court refused it, saying it had never
been done but in a qui tam

Citations:

[1795] EngR 603, (1795) 2 Str 705, (1795) 93 ER 796 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 12 April 2022; Ref: scu.352948

Watson And Wife, Administratrix, and Co of Maxwell v King: 14 Dec 1815

Trover lies for an undivided part of a chattel. A power of attorney, though coupled with an interest, is instantly revoked by the death of the grantor, and an act afterwards bona fide done uuder it, by the grantee, before notice of the death of the grantor, is a nullity. If a plaintiff suing in trover as administrator is so described on the face of the declaration, and makes a profert an curia of the letters of administration, it is unnecessary, on not guilty pleaded, to produce them at the trial, although the cause of action accrued after the death of the intestate. The official letter of the commander of a convoy to the Admiralty, at the end of the voyage, seems good evidence of the facts therein stated respecting the ships under convoy.

Citations:

[1815] EngR 1145, (1815) 4 Camp 272, (1815) 171 ER 87

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – 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 who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.336955

In Re CH (family proceedings: court bundles): FD 2000

Judges:

Wall J

Citations:

[2000] 2 FCR 193

Jurisdiction:

England and Wales

Cited by:

Cited – X and Y, Re Bundles FD 22-Aug-2008
The court considered the continuing failure of parties to follow the requirements as to preparation of court bundles, and particularly in urgent applications: ‘This continuing failure by the professions to comply with their obligations is simply . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 12 April 2022; Ref: scu.272842

Bradstock Trustee Services Ltd v Nabarro Nathanson: ChD 1995

The plaintiffs were trustees of an occupational pension scheme. It began professional negligence proceedings to recover an expected surplus paid to the employer by the solicitors whose advice had been acted on. The anticipated costs were disproportionate, so the case was assigned with the consent of the court to beneficiaries who sued under legal aid. They then applied to the court to be substituted as plaintiffs.
Held: The application failed. The trustees had not failed in the performance of their duty to protect the trust estate by declining to continue the action and the applicants had no cause of action against the solicitors since they had no legal or equitable property in the subject-matter of the action. They were simply beneficiaries of any property recovered by the trustees. The trust estate would probably be liable for costs if the action failed and there was nothing in the rules of court to justify handing over the conduct of the action against the third party and accordingly he had no jurisdiction to make the orders sought.

Judges:

Baker QC J

Citations:

[1995] 1 WLR 1405

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts v Gill and Co and Another CA 15-Jul-2008
The claimant sought damages in negligence against solicitors who had advised the executors in an estate of which he was a beneficiary. He now sought to amend his claim to make a claim in his personal and in derivative capacities. Sums had been paid . .
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Aid

Updated: 12 April 2022; Ref: scu.279804

Chocoladefabriken Lindt and Sprungli AG and another v The Nestle Co Ltd: 1978

Megarry V-C said that the mere failure to use the expression ‘without prejudice’ is not decisive of whether the letter is such. The question is whether the letters were written in an attempt to compromise actual or pending litigation and, if so, whether it can be inferred from their terms and their whole context that they contained an offer in settlement for which the party who made the offer can claim privilege which prevents the acknowledgments from being relied upon for the purposes of the Act.
Megarry V-C said: ‘From the authorities put before me by Mr Prescott, it seems plain that the courts favour the protection of discussions which take place between actual or prospective litigants with a view to avoiding the expense and burden of litigation, and are very ready to hold that discussions made with this purpose are inadmissible in evidence. Men ought to be able to attempt to ‘buy their peace’ without prejudicing their positions if the attempt fails and hostilities break out or continue. The mere failure to use the expression ‘without prejudice’ does not conclude the matter. The question is whether there is an attempt to compromise actual or impending litigation, and whether from the circumstances the court can infer that the attempt was in fact to be covered by the ‘without prejudice’ doctrine.’

Judges:

Megarry V-C

Citations:

[1978] RPC 287

Jurisdiction:

England and Wales

Cited by:

Cited – Bradford and Bingley Plc v Rashid HL 12-Jul-2006
Disapplication of Without Prejudice Rules
The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Cited – Brunel University and Another v Webster and Vaseghi CA 22-May-2007
The parties had been involved in long standing disputes about the procedures in the respondents complaints of race discrimination. The claims had been dismissed, but the Vice-Chancellor then wrote publicly of unfounded unwarranted and excessive . .
Cited – Best Buy Co Inc and Another v Worldwide Sales Corp. Espana Sl ChD 8-Jul-2010
The claimant accused the defendant of making threats in connection with trade mark applications. The claimants operated under US trade marks associated with ‘Best Buy’ and sought similar marks in Europe. The defendant company traded under a similar . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.243129

Alliance and Leicester Building Society v Ghahremani and others: 1992

The court rejected a submission that Mr Justice Vinelott’s view as to the scope of the word ‘document’ was restricted to questions of discovery under the rules of court. He applied the extended meaning of a document described to the question of whether the deliberate deletion of information stored on the disc of an office computer was a contemptuous breach of an order restraining a solicitor from destroying or altering any documents relating to a conveyancing transaction.

Judges:

Hoffmann J

Citations:

[1992] 32 RVR 198

Jurisdiction:

England and Wales

Citing:

Cited – Derby and Co Ltd And Others v Weldon And Others (No 9) ChD 25-Jul-1990
The court considered the application of rules relating to the discovery of documents to material held on computer: ‘the database of a computer, so far as it contained information capable of being retrieved and converted into readable form, and . .

Cited by:

Cited – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Lists of cited by and citing cases may be incomplete.

Rating, Litigation Practice

Updated: 12 April 2022; Ref: scu.235716

Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher: ComC 20 Dec 1996

ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal Authority’s claim for royalties alleging breaches of article 4 was struck out because the matters complained of had been the subject of a previous decision by the Commission – the question as to whether articles 4(b) and (c) were of direct effect so as to permit Banks to litigate them in this court would have had to be referred to the European Court if it had been necessary to decide this point – Banks’ claim for damages against Secretary of State was not sustainable in any event.

Judges:

Tuckey J

Citations:

[1997] Eu LR 610

Citing:

See Also – H J Banks and Co Ltd and Others v British Coal Corporation QBD 10-Aug-1994
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made. . .
At ECJ – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .

Cited by:

Cited – HJ Banks and Co Ltd v The Coal Authority and Secretary of State for Trade and Industry ECJ 20-Sep-2001
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .
Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 12 April 2022; Ref: scu.186611

Haarhaus v Law Debenture Trust Corporation: ChD 1988

The plaintiffs brought an action on behalf of themselves and all other holders of promissory notes issued by a Nigerian Bank to restrain the trustee of the noteholders’ trust deed, from publishing details as to the votes cast at a meeting of noteholders.
Held: The figures indicated such a difference of opinion as to preclude a common grievance and relief beneficial to all noteholders. He ordered that the action might not be continued in a representative capacity.

Judges:

Hirst J

Citations:

[1988] BCLC 640

Jurisdiction:

England and Wales

Cited by:

Cited – Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others ChD 13-Mar-2003
The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members.
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.179757

Langnese-Iglo and Scholler Lebensmittel v Commission: ECFI 19 Feb 1993

ECJ Competition – Procedure for interim relief – Intervention – Confidentiality – Interim measures.

Citations:

T-7/93

Jurisdiction:

European

Citing:

See also – Langnese-Iglo and Scholler Lebensmittel v Commission ECFI 8-May-1992
ECJ Where both granting a suspension of operation of a Commission decision prescribing interim measures relating to competition and refusing to grant such suspension would in practice have the effect of depriving . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 April 2022; Ref: scu.172635

Paige v Webb: CA 26 Jul 2001

The claimant sought rescission of a consent order for specific performance made in an earlier action. The purchasers had not complied simply with the order, but had sought to bring back certain parts of the original contract.
Held: Once an order for specific performance has been made, the matter of how the contract is to be performed lies with the court, not the parties. The consent order itself referred back to the contract, and the remaining conditions still applied. The consent order should not be rescinded on these grounds. The seller had refused to complete without delivering a deed of rectification, nevertheless that would not in the circumstances pose any practical problem.

Judges:

Lord Justice Laws, Lord Justice Mummery, Sir Anthony Evans

Citations:

[2001] EWCA Civ 1220

Statutes:

Land Registration Act 1925 110(2)

Jurisdiction:

England and Wales

Citing:

Cited – Singh v Nazeer 1979
Once an order for specific performance has been made by the court, the parties have put it into the hands of the court as to how the contract is to be carried out. The provisions of the order regulate how the contract is to be carried out. The . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Litigation Practice, Registered Land

Updated: 12 April 2022; Ref: scu.159907

Marc Rich an Co Holding Gmbh v Krasner, Graff and others: CA 15 Jan 1999

As with other without notice applications, the court insists on full and complete disclosure by the applicant of everything which might affect the decision whether or not to grant the order. There is a high obligation upon such an applicant to put everything relevant before the Judge, whether it may help or hinder his cause.

Citations:

[1999] EWCA Civ 581

Jurisdiction:

England and Wales

Litigation Practice

Updated: 12 April 2022; Ref: scu.145496

Symons v Cramb: CA 27 Aug 1996

The applicant sought leave to appeal against an order striking out her action as a frivolous and vexatious attempt to relitigate matters already decided against her. The application was to be adjourned to allow her to amend the application to appeal against the correct order, to allow her to take advice on the form of proceedings, and to proceed inter partes.

Judges:

Lord Justice Simon Morritt, Lord Justice Phillips

Citations:

[1996] EWCA Civ 590

Jurisdiction:

England and Wales

Litigation Practice

Updated: 12 April 2022; Ref: scu.140457

Izzo v Philip Ross and Co (a Firm): ChD 31 Jul 2001

Whilst litigants in person should be allowed the assistance of a McKenzie friend, the duties of the friend should not normally include representation and advocacy. Nevertheless, each case should be viewed separately, and applications for permission should be attended to, even if only granted in exceptional circumstances. The litigant should understand that this is an indulgence by the court.

Judges:

Neuberger J

Citations:

Times 13-Aug-2001, Gazette 13-Sep-2001

Jurisdiction:

England and Wales

Citing:

Cited – McKenzie v McKenzie CA 10-Jul-1970
Mr McKenzie was a litigant in person who wished to be assisted by a young Australian barrister, gratuitously, in the conduct of his case by sitting beside the husband in Court and prompting him. The hearing was in open Court . The friend’s conduct . .

Cited by:

Cited – Sonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham CA 15-Oct-2004
The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Litigation Practice

Updated: 12 April 2022; Ref: scu.136176

Wain v Sherwood and Sons Transport Ltd: CA 4 Jun 1998

Plaintiff, having succeeded in claim for damage to his car, was subject to an action estoppel, since he could have had the additional claim for personal injury damages settled at the same time. A mistake by his adviser which fell short of being actionable but which resulted in a party not being able to pursue a remedy was not enough to set aside an issue estoppel having once litigated the matter.

Citations:

Times 16-Jul-1998, Gazette 24-Jun-1998, [1998] EWCA Civ 905

Jurisdiction:

England and Wales

Citing:

Applied – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Litigation Practice

Updated: 10 April 2022; Ref: scu.90231

Roe v Novak and Another: CA 15 Dec 1998

Where both plaintiff and defendant had in turn been guilty of inexcusable delay it was possible in appropriate circumstances to strike out the action with an order in favour of the plaintiffs in respect of their costs wasted by the defendant’s delay

Citations:

Times 15-Dec-1998

Jurisdiction:

England and Wales

Litigation Practice

Updated: 10 April 2022; Ref: scu.88838

Roebuck v Mungovin: HL 4 Feb 1994

A defendant may ask for the Plaintiff’s claim to be struck out despite having cause the Plaintiff to incur costs. That was not a bar to the application.

Citations:

Gazette 30-Mar-1994, Independent 08-Feb-1994, Times 04-Feb-1994, [1994] 2 AC 224

Citing:

Appeal from – Roebuck v Mungovin CA 26-Apr-1993
The right to dismiss for want of prosecution once lost, will only rarely be regained by a defendant. . .

Cited by:

Appealed to – Roebuck v Mungovin CA 26-Apr-1993
The right to dismiss for want of prosecution once lost, will only rarely be regained by a defendant. . .
Cited – Novak v Manchester City Council CA 27-Nov-1998
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 10 April 2022; Ref: scu.88841

Regina v Secretary of State Home Dept ex parte Wynne: HL 17 Mar 1993

A prisoner wishing to appear at court in civil proceedings needed under the Act to apply for his own production to court, and to make arrangement for payment of the costs of being produced at court.
Held: A Legislature could so provide even though it interfered with the right of access to the courts.
Courts should be very reluctant to take cases which appeared to be merely hypothetical.
Lord Goff said: ‘It is well established that this House does not decide hypothetical questions. If the House were to do so, any conclusion, and the accompanying reasons, could in their turn constitute no more than obiter dicta expressed without the assistance of a concrete factual situation, and would not constitute a binding precedent for the future’.

Judges:

Lord Goff

Citations:

Gazette 17-Mar-1993, [1993] 1 WLR 115, [1993] 1 All ER 574

Statutes:

Criminal Justice Act 1961 29(1)

Cited by:

Cited – Regina (W) v Commissioner of Police of the Metropolis and Another CA 11-May-2006
The Commissioner appealed against a declaration that an authorisation given for creation of a dispersal area was unlawful.
Held: The proceedings appeared at first to be merely hypothetical, but the issue as to whether a police officer had use . .
Cited – AVS v A NHS Foundation Trust and Another CA 17-Jan-2011
The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Prisons

Updated: 10 April 2022; Ref: scu.87991

Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996

The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority.
Held: The Secretary of State is not to be made party to judicial review proceedings even though he would be the ultimate payer. Though a party directly affected by the claim may be joined as an interested party, Lord Keith said: ‘That a person is directly affected by something connotes that he is affected without the intervention of any intermediate agency. In the present case, if the applications for judicial review are successful the Secretary of State will not have to pay housing benefit to the applicants either directly or through the agency of the local authority. What will happen is that up to 95% will be added to the subsidy paid by the Secretary of State to the local authority after the end of the financial year. The Secretary of State would certainly be affected by the decision, and it may be said that he would inevitably or necessarily be affected. But he would in my opinion, be only indirectly affected by reason of his collateral obligation to pay subsidy to the local authority.’ The Secretary of State has no locus to insist on joining in on such judicial review proceedings despite being the eventual payer of the benefit payment decision being reviewed.
The Secretary of State has no locus to insist on joining in on judicial review proceedings despite being the eventual payer of the benefit payment decision being reviewed.

Judges:

Lord Keith

Citations:

Times 11-Jul-1996, Gazette 12-Sep-1996, [1996] 1 WLR 1103

Statutes:

Rules of the Supreme Court O 53 r593)

Citing:

Appeal from – Regina v Liverpool City Council Ex Parte Muldoon; Regina v Rent Officer Service and Another Ex Parte Kelly CA 18-Apr-1995
The Secretary of State was not entitled to be served with notice of all Judicial Review applications on benefits. He was not sufficiently directy connected, . .

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
Cited – Nemeti and Others v Sabre Insurance Co Ltd CA 3-Dec-2013
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative, Litigation Practice, Judicial Review

Updated: 09 April 2022; Ref: scu.87193

Regina v Horsham District Council and Another Ex Parte Wenman and Others: QBD 7 Oct 1993

Counsel/solicitors are to reassess Judicial Review proceedings after discovery. Training in judicial review was urged for lawyers to avoid wasted costs orders.

Citations:

Times 21-Oct-1993, Independent 07-Oct-1993

Jurisdiction:

England and Wales

Judicial Review, Litigation Practice

Updated: 09 April 2022; Ref: scu.86895

Regina v Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association: QBD 13 Jan 1994

The court should distinguish the concepts of locus standi and capacity when considering applications for judicial review. An unincorporated association is not a legal person and may not seek Judicial Review.

Citations:

Independent 13-Jan-1994, Times 21-Jan-1994

Statutes:

Rules of the Supreme Court Order 53 3(7)

Cited by:

See Also – Regina v Darlington Borough Council Ex Association of Darlington Tax Owners and Another (No 2) QBD 14-Apr-1994
An unincorporated association although not a legal person with the capacity to sue in judicial review, may still suffer an order for costs. . .
See Also – Regina v Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association (No 2) 1995
The court made an order for costs against the members of the Association on rejection of its request for permission to bring judicial review proceeds, even though he had found that the Association was not a legal person capable of bringing such . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Judicial Review, Company

Updated: 09 April 2022; Ref: scu.86507

Regina v Chief Constable of West Midlands Ex Parte Wiley; Regina v Chief Constable Notts Ex Parte Sunderland: QBD 24 Feb 1993

Police were not to use a complaint statements in civil litigation.

Citations:

Gazette 24-Feb-1993

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc CA 30-Sep-1993
Police complaints documents’ use may be restricted in civil proceedings. . .
At first instance – Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.86370

Regina v British Coal Corporation, Ex Parte Price and Others (No 2): QBD 23 Feb 1993

A Court having made a declaration in the course of a hearing, was then functus officio as regards that decision, and could not revisit it at a later hearing. Nor in this case was it possible for the Corporation to approach the court for a declaration in advance that a decision it might want to make would or would not be in contempt.

Citations:

Times 23-Feb-1993

Statutes:

Coal Industry Nationalisation Act 1946 46

Litigation Practice, Employment

Updated: 09 April 2022; Ref: scu.86212

Regina v Richmond Upon Thames London Borough Council, Ex Parte C (A Child): QBD 26 Apr 2000

An appeal to the local education authority against a decision not to grant a place at the parents choice of primary school, because it would require additional resources to provide for larger class sizes, is by way of review, and not by way of a rehearing. Accordingly the appeal committee should base its decision on the information available on the original decision together with any information of which they should have been aware.

Citations:

Times 26-Apr-2000

Statutes:

Education Act 1966 (Infant Class Sizes) (Modification) Regulations 1998 (1998 no 1948)

Citing:

Appealed to – Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child) CA 10-Aug-2000
The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a . .

Cited by:

Appeal from – Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child) CA 10-Aug-2000
The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a . .
Lists of cited by and citing cases may be incomplete.

Education, Litigation Practice, Legal Aid

Updated: 09 April 2022; Ref: scu.85462

Practice Direction: (Crown Office List: Preparation for Hearings): QBD 24 Mar 2000

It was anticipated that the introduction into law of the Human Rights Act would lead to an increased burden on the courts, and it was appropriate to clear the judicial decks in anticipation. Procedural changes were required including the increase of the number of judges available, bundles are to be filed in the Crown Office three weeks before the hearing date, and skeleton arguments 14 days before that date. Parties must be ready to be called on for the case to be heard possibly at very short notice. On applications without notice the judgments will be recorded.

Citations:

Times 24-Mar-2000

Litigation Practice

Updated: 09 April 2022; Ref: scu.84942

Practice Direction (Queen’s Bench Division: Post-Traumatic Stress Disorder Litigation Against the Ministry of Defence: Group Action (Group 1) and (Group 2): QBD 26 Nov 1999

Directions were given for the conduct of all the cases brought together as group actions under the above references, including for the transfer of them all to Royal Courts of Justice, for the commencement of future proceedings, the marking of all documents, and the assignment of Master Rose and Justice Buckley to hear issues arising.

Citations:

Times 26-Nov-1999

Litigation Practice, Personal Injury

Updated: 09 April 2022; Ref: scu.84907

Practice Direction (Judgments: Form and Citation): LCJ 16 Jan 2001

The need to cite judgments consistently, and the growth of reporting cases on the Internet, required the amendment of the systems of reporting cases on the world wide web. Judgments will in future be set with paragraph but not page numbering. Cases will have a number assigned when the judgment is handed down, and that numbering will be used in the Court of Appeal and Administrative courts and later extended to other divisions of the High Court.

Citations:

Times 16-Jan-2001

Litigation Practice

Updated: 09 April 2022; Ref: scu.84894

Practice Direction (Mercantile Court: Bristol): LCJ 30 Jun 1999

With immediate effect, the paragraph relating to the enabling of the presiding judges of the Western Circuit for the appointment or designation of judges of circuit judges in the Bristol Mercantile Court is withdrawn.

Citations:

Times 30-Jun-1999

Citing:

Cited – Practice Direction (Mercantile Court: Bristol) QBD 26-Nov-1993
From 10-Jan-94 the new QB list is to be known as the Bristol Mercantile Court List. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.84899

Practice Direction (Mercantile Court: Bristol): QBD 26 Nov 1993

From 10-Jan-94 the new QB list is to be known as the Bristol Mercantile Court List.

Citations:

Times 26-Nov-1993

Cited by:

Cited – Practice Direction (Mercantile Court: Bristol) LCJ 30-Jun-1999
With immediate effect, the paragraph relating to the enabling of the presiding judges of the Western Circuit for the appointment or designation of judges of circuit judges in the Bristol Mercantile Court is withdrawn. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.84900

Practice Direction (Administrative Court Establishment): QBD 27 Jul 2000

The direction establishes the Administrative Court as a successor to the Crown Office List. Existing orders and directions applying to the List should be renamed. A lead nominated judge would take responsibility for the speed efficiency and economy of the conduct of the court’s business. New rules for judicial review will also be implemented to accompany the introduction of the Human Rights Act.

Citations:

Times 27-Jul-2000

Administrative, Litigation Practice

Updated: 09 April 2022; Ref: scu.84842

Ot Africa Line Ltd v Fayad Hijazy and Another; Same v Fayad Hijazy and Others: QBD 28 Nov 2000

The human right to a fair trial did not amount to a right to an unfettered choice of tribunal. Contracts said that they were exclusively governed by English law and to be decided in England. Proceedings between the parties having already commenced in England some of the defendants were enjoined from continuing another action they had begun in Belgium arising from the same contract.

Citations:

Times 28-Nov-2000

Statutes:

Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968 art 17

Litigation Practice, Human Rights, Jurisdiction

Updated: 09 April 2022; Ref: scu.84487

New Victoria Hospital v Ryan: EAT 3 Feb 1993

Privilege from disclosure is only to attach to ‘qualified legal advisers’.
Tucker J referred in an obiter passage to advisers ‘such as solicitors or counsel’, and thus it was said that he was not seeking to limit legal professional privilege to these categories of legal advisers, but it could not be granted to communications with a personnel consultant.

Judges:

Tucker J

Citations:

Gazette 03-Feb-1993, [1993] ICR 20

Cited by:

Cited – Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another Admn 14-Oct-2009
The company had obtained legal advice but had taken it from their accountants. The Revenue sought its disclosure, and the company said that as legal advice it was protected by legal professional privilege.
Held: The material was not protected. . .
Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.84265

Milano Assicurazioni Spa v Walbrook Insurance Co Ltd and Others: QBD 8 Feb 1994

A plaintiff was to be allowed to amend the writ to publicise material which had been obtained on discovery, however an amendment to pleadings for publicity purposes only was an abuse of discovery.

Citations:

Gazette 02-Mar-1994, Times 08-Feb-1994

Statutes:

Rules of the Supreme Court 20(10)

Litigation Practice

Updated: 09 April 2022; Ref: scu.83719

Mealey Horgan Plc v Horgan: QBD 6 Jul 1999

The failure to serve witness statements in time could be used disallow additional evidence to be served only in extreme circumstances. Such a failure can be marked in costs. An order to a party to make a payment into court should be used only in the case of repeated infringements of the rules.

Judges:

Buckley J

Citations:

Times 06-Jul-1999, [1999] STC 711

Cited by:

Approved – Olakunle O Olatawura v Alexander O Abiloye CA 17-Jul-2002
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: . .
Cited – Al-Koronky and Another v Time Life Entertainment Group Ltd and Another QBD 29-Jul-2005
The defendant to the defamation claim sought security for costs. There had been allegations of dishonesty on either side.
Held: The court should not, upon such an application, enter into the merits of the case in any detail, save in the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.83590

McFarlane v E E Caledonia Ltd: QBD 8 Dec 1994

The court can order a champertous non-party to pay a successful defendant’s costs of defending the claim.
A non-party unlawfully supporting an action was ordered to pay the costs of the defendant.
Held: It may not be necessary to every case of lawful maintenance that the maintainer should accept a liability for a successful adverse party’s costs; for example, a member of a family or a religious fraternity may well have a sufficient interest in maintaining an action to save such maintenance from contractual illegality, even without any acceptance of liability for such costs. But in what one may call a business context (e.g. insurance, a trade union activity, or commercial litigation support for remuneration) the acceptance of such liability will always, in my view, be a highly relevant consideration.’

Judges:

Longmore J

Citations:

Ind Summary 16-Jan-1995, Times 08-Dec-1994, [1995] 1 WLR 366

Citing:

See Also – McFarlane v E E Caledonia Ltd CA 10-Sep-1993
The court will not extend a duty of care to mere bystanders of horrific events. Nor is any duty of care owed to a rescuer lacking ordinary courage. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . .

Cited by:

Cited – Abraham and Another v Thompson and Others ChD 12-May-1997
The court may issue a stay of proceedings pending disclosure of the source of funding of an action, without there needing to be any suggestion of champerty or other illegality. The first plaintiff was ordered to disclose to the 5th and 6th . .
Cited – Abraham and Another v Thompson and Another CA 24-Jul-1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. . .
Cited – Condliffe v Hislop and Another CA 3-Nov-1995
The plaintiff, a bankrupt, pursued libel proceedings. He was being financed by his mother who had limited resources. She undertook to pay any order for costs, but the Master ordered a stay under the inherent jurisdiction of the court to prevent . .
See Also – McFarlane v E E Caledonia Ltd CA 10-Sep-1993
The court will not extend a duty of care to mere bystanders of horrific events. Nor is any duty of care owed to a rescuer lacking ordinary courage. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.83532

Marsh v Frenchay NHS Trust: QBD 13 Mar 2001

The circumstances required to allow a person to withdraw money paid into court. The new rules created a flexibility unavailable under the old rules, and the case law associated with the old pre-Woolfe rules should not now determine how such applications are dealt with.

Citations:

Times 13-Mar-2001

Statutes:

Civil Procedure Rules Part 36

Cited by:

Cited – MRW Technologies v Cecil Holdings 22-Jun-2001
The court heard an appeal against a Master’s order which had given the defendant permission under rule 36.6(5) to withdraw a Part 36 payment.
Held: The same considerations apply to giving permission to withdraw money in court as to refusing . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Damages

Updated: 09 April 2022; Ref: scu.83424

Manatee Towing Company and Another v Oceanbulk Maritime Sa and Another: ComC 11 May 1999

Old rules, restricting the power to disclose to documents relating to a matter at issue between the parties, were no longer applicable. The court could order disclosure of documents as between two parties which were relevant to an issue in related action.
ComC An additional defendant to the counterclaim, who was also a defendant to the plaintiff’s third party notice, may get discovery under RSC Order 24, rule 3 and/or 7, from the plaintiff, of documents relevant to an issue of quantum in the counterclaim, even though there was no issue of quantum as between him and the plaintiff. The question was treated as a matter of both jurisdiction and discretion and was decided in favour of the applicant for discovery in both respects. Order 24, rule 3’s and 7’s language ‘any party…… any other party…..relating to any matter in question in the cause or matter’ contested with rule 2’s ‘parties between whom pleadings are closed…. relating to any matter in question between them’.

Judges:

Rix J

Citations:

Times 11-May-1999, [1999] 1 Lloyd’s Rep 876, [1999] CLC 1197, Independent 15-Mar-1999

Jurisdiction:

England and Wales

Cited by:

See Also – Manatee Towing Co and Anr v Oceanbulk Maritime and Anr. By original action ‘Bay Ridge’ (No. 2) ComC 18-May-1999
ComC Whether negotiations resulted in a binding contract of sale – the legal principles to be applied. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.83359

Jordan v Norfolk County Council: ChD 25 May 1994

An order to replace trees ‘as reasonably practical’ was to include cost considerations, and it could be varied where the costs exceeded those expected. The mandatory order was varied. When considering what was meant by ‘reasonably practical’ ‘. . there is very little nowadays which is not physically feasible if enough money is spent. Hence in this context the phrase is apt to include financial considerations.’

Judges:

Sir Donald Nicholls VC

Citations:

Times 25-May-1994, Ind Summary 20-Jun-1994, Gazette 03-Aug-1994, [1994] 4 All E R 218, [1994] 1 WLR 1353

Cited by:

Cited – Midtown Ltd v City of London Real Property Company Ltd ChD 20-Jan-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 . .
Cited – Calgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Land, Environment

Updated: 09 April 2022; Ref: scu.82627

James v Evans: CA 2 Aug 2000

In appropriate cases it was proper for a court summarily to dispose of cases. If a party has no reasonable prospect of success, it is in accordance with the philosophy of the new rules to manage cases actively and to allot court time to cases with the need to deal justly with claims. In this case active management might have avoided a three day listing for a case which was eventually dismissed on the first day.

Citations:

Times 02-Aug-2000

Statutes:

Civil Procedure Rules 24.2(a)(ii)

Jurisdiction:

England and Wales

Litigation Practice

Updated: 08 April 2022; Ref: scu.82482

International Distillers and Vintners Ltd v J F Hillebrand (UK) Ltd and Others: QBD 25 Jan 2000

An application was made to substitute one defendant in an action for an existing one. Under the old rules, the applicant would have to have shown both that the substitution arose from a genuine mistake and also that the new defendant had not been prejudiced. The new rules stated no such requirements, but the court held that it could not be imagined that such a requirement was not intended under the new rules.

Citations:

Times 25-Jan-2000

Statutes:

Civil Procedure Rules Part 19.4

Litigation Practice

Updated: 08 April 2022; Ref: scu.82403

Ismail and Another v Richards Butler (A Firm): QBD 23 Feb 1996

A solicitor’s lien on papers can be set aside by the court to allow litigation to proceed, where there was a continuing retainer, and the lien was with regard to concluded matters. However, the release of the papers would reduce the value of the lien, and it may also be appropriate to require the client to provide some security for the costs. The power to order payment into court did not replace the equitable right of relief against the solicitors’ lien.

Citations:

Gazette 06-Mar-1996, Times 23-Feb-1996

Statutes:

Rules of the Supreme Court Ord 29 r 6

Citing:

Cited – Robins v Goldingham 1872
Where a solicitor discharges himself in the course of an action, he should be subject to an order for the transfer of the papers subject to an order respecting his lien for any unpaid costs. . .
Cited – Gamlen Chemical Co (UK) Ltd v Rochem Ltd CA 4-Dec-1979
Solicitors accepted instructions against a promise of sums on account of costs. After non-payment they began to apply to be removed from the record. The new solicitors sought transfer of the solicitors file, and obtained an order to that effect . .
Cited – A v B 1984
Solicitors acting for a ship owner incurred costs which remained unpaid by the client, and the solicitors arrested that client’s ship as security. The litigation was continuing. The solicitors took themselves off the court record and obtained . .
Cited – Heslop v Metcalfe 1837
The court referred to the practice that where a solicitor removed himself from a case, an order should be made for the transfer of his file of papers: ‘Undoubtedly, that doctrine may expose a solicitor to a very great inconvenience and hardship, if, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Litigation Practice

Updated: 08 April 2022; Ref: scu.82437

Industrie Chimiche, Italia Centrale and Another v Alexander G Tsavliris and Sons Etc: ComC 19 Jul 1995

Procedure – RSC Order 20 r.5 – amendment with leave – mistake – mistake as to identity of person intending to sue – mistake as to name of that party – distinction – Procedure- RSC Order 20 r.5(3) – amendment with leave – discretion – RSC Order 6 r.8(1) – validity of writ – 4 months – RSC Order 11 r.1(1) – leave to serve outside jurisdiction – validity of writ – 6 months – admiralty action in personam – RSC Order 75 r.4(4) – exclusion of RSC Order 11 r.1(2) -meaning – Procedure – privilege – deployment of court material otherwise privileged – principles – application at interlocutory stage – fairness – disclosure of part of privileged document – waiver of privilege with respect to other parts – Procedure – substitution of parties – RSC Order 15 r.7 – outside limitation period
A new party can be added outside the limitation period for that party if the writ was served within time. An interest can be transferred from one party to another if the time limit is relevant. In all situations of such ‘everyday occurrences as death of one or other party, bankruptcy leading to assignment to a trustee in bankruptcy, assignment, transmission or devolution of interest … of which death was only the most striking, it seemed self-evident both that any existing proceedings, properly constituted within the limitation period, should be allowed to continue for or against the party to whom the relevant right or obligation had been transferred in law; and that that should be permitted whether the transfer occurred before or after the expiry of the limitation period. The underlying rationale of limitation periods, to protect against stale claims which should have been brought earlier, had no application to this type of case.’

Judges:

Mance J

Citations:

Ind Summary 04-Sep-1995, Times 08-Aug-1995, [1996] 1 WLR 774, [1996] 1 All ER 114, [1995] 2 Lloyd’s Rep 608

Statutes:

Rules of the Supreme Court Order 15 r7

Jurisdiction:

England and Wales

Cited by:

Cited – Pharmedica GMBH’s Trade Mark Application ChD 2000
The tribunal was asked whether an assignee of a trademark should be substituted in existing opposition proceedings for the assignor. The assignment had taken place after the proceedings had begun.
Held: A tribunal has an inherent power to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Limitation

Updated: 08 April 2022; Ref: scu.82324

Infantino v Maclean: QBD 20 Jul 2001

Where a court could no longer grant an extension of time for service of proceedings under rule 7.6, a court could, in appropriate circumstances, achieve the desired result by dispensing with service under rule 6.9. Here the parties had long been in negotiation, and the receiving party knew entirely of the document which was to be served. The case was complicated, and the claimant’s solicitors had otherwise gone well beyond the requirements of the rules in working with the defendant’s solicitors.

Citations:

Times 20-Jul-2001

Statutes:

Civil Procedure Rules 7.6, 6.9

Litigation Practice

Updated: 08 April 2022; Ref: scu.82327