Tag: Litigation Practice

Cameron Developments (UK) Ltd v National Westminster Bank Plc and Another: QBD 26 Jul 2017

The defendants seek strikeout/summary judgment of the claims asserted in respect of the review carried out by the defendants into a swap sold by the first defendant to the claimant on the basis that any such claims were compromised by a settlement agreement.

Judges:

Moulder HHJ

Citations:

[2017] EWHC 1884 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Banking, Litigation Practice

Updated: 28 March 2022; Ref: scu.591303

J H Shannon v Country Casuals Holdings Plc: QBD 21 May 1997

A witness who was answering a sub poena ad duces tecum, is entitled to his costs incurred in complying with the order over and above just the conduct money. Such an order can lead to real additional costs.

Citations:

Times 16-Jun-1997, Gazette 21-May-1997

Jurisdiction:

England and Wales

Litigation Practice, Costs

Updated: 28 March 2022; Ref: scu.89189

Immigration Law Practitioners Association, Regina (on The Application of) v Tribunal Procedure Committee and Another: Admn 15 Feb 2016

Challenge to change in rules in immigration cases as to admission of evidence not available to both parties.
Held: The application for review was refused. The change was in order to bring practice in the IAC into line with other tribunals.

Judges:

Blake J

Citations:

[2016] EWHC 218 (Admin), [2016] 1 WLR 3519, [2016] ACD 71, [2016] Imm AR 693, [2016] WLR(D) 77

Links:

Bailii, WLRD

Statutes:

Tribunal Procedure (First-Tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

Jurisdiction:

England and Wales

Immigration, Litigation Practice

Updated: 27 March 2022; Ref: scu.559868

Lakhani and Another v Mahmud and Others: ChD 5 Jul 2017

Appeal by the defendants from an order dismissing the defendants’ application for relief from the sanctions provided for by CPR 3.14 in respect of the failure to comply with one of the case management orders relating to the filing of costs budgets

Judges:

Daniel Alexander QC

Citations:

[2017] EWHC 1713 (Ch), [2017] WLR(D) 455

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Costs, Litigation Practice

Updated: 27 March 2022; Ref: scu.589959

Emojevbe v Secretary of State for Transport: CA 7 Jul 2017

The claimant appealed against the refusal of adjournment of the trial of his action on the basis of his medical ability to attend.

Judges:

Lloyd Jones, King, LJJ

Citations:

[2017] EWCA Civ 934

Links:

Bailii

Statutes:

Civil Procedure Rules 39.3(3)

Jurisdiction:

England and Wales

Litigation Practice, Civil Procedure Rules

Updated: 27 March 2022; Ref: scu.588990

ICICI Bank UK Plc v Mehta and Others: ComC 8 May 2017

Adjourned return date of the application by the Claimant bank for worldwide freezing orders against the Defendants. Interim freezing orders had been granted following a without notice hearing.

Judges:

Waksman QC HHJ

Citations:

[2017] EWHC 1030 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 27 March 2022; Ref: scu.588916

Glencore Energy UK Ltd v Revenue and Customs (Leave to appeal): Admn 29 Jun 2017

The parties disputed the power of the court to grant leave to appeal against its own decision.

Judges:

Green J

Citations:

[2017] EWHC 1587 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Glencore Energy UK Ltd v Revenue and Customs Admn 29-Jun-2017
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 March 2022; Ref: scu.588879

Ndole Assets Ltd v Designer M and E Services Uk Ltd: TCC 18 May 2017

The defendant sought a declaration that the Claim Form and the Particulars of Claim were not properly served, alternatively that the claim should be struck out because of invalid or ineffectual service. Further, Designer sought summary judgment against the claimant because the claim was brought by Ndole as assignees, and it was said that the circumstances of the assignments meant that the claim should be dismissed on grounds of maintenance/champerty.

Judges:

Coulson J

Citations:

[2017] EWHC 1148 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Contract, Torts – Other

Updated: 26 March 2022; Ref: scu.583983

Cono Cono and Co Ltd v Veerasamy and Others: PC 8 May 2017

Mauritius. The Board was asked whether an appeal lies to the Appellate Division of the Supreme Court of Mauritius from a decision of a Supreme Court Judge in Chambers sitting on a statutory appeal from a lower tribunal.

Judges:

Lord Mance, Lord Clarke, Lord Sumption

Citations:

[2017] UKPC 11

Links:

Bailii

Jurisdiction:

Commonwealth

Litigation Practice

Updated: 24 March 2022; Ref: scu.582135

Junkanoo Estate Ltd and Others v U Bahamas Ltd: PC 3 Apr 2017

(Court of Appeal of the Commonwealth of the Bahamas) Application for special leave to appeal to the Judicial Committee in mortgage possession case.

Judges:

Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hughes

Citations:

[2017] UKPC 8

Links:

Bailii

Jurisdiction:

Commonwealth

Litigation Practice

Updated: 24 March 2022; Ref: scu.581726

Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017

The claimant challenged being recalled to prison from licence after being found in an area from which he was excluded as a condition of his parole.

Judges:

Turner J

Citations:

[2017] EWHC 729 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 5, Criminal Justice Act 2003 244 254

Jurisdiction:

England and Wales

Citing:

Cited – Whiston, Regina (on The Application of) SC 2-Jul-2014
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision.
Held: The appeal was dismissed. Article 5(4) did not apply to the particular . .
Cited – Quinn v Leathem HL 5-Aug-1901
Unlawful Means Conspiracy has two forms
Quinn was treasurer of a Belfast butchers’ association. Leathem, who traded as a butcher, employed some non-union men, although when the union made difficulties he asked for them to be admitted to the union, and offered to pay their dues. The union . .
Cited – Behrens v Bartram Mill Circus QBD 1957
Devlin J said that the ratio decidendi consists of the reason or reasons for a decision which the judge who gives it wishes to have the full authority of precedent. . .
Dicta approved – Kadhim v Housing Benefit Board, London Borough of Brent CA 20-Dec-2000
A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court: ‘The . .
Cited – Lawrence v South Country Freeholds Ltd ChD 1939
Simonds J held that on the facts before him no general scheme of development existed. It was accordingly not necessary to determine what rights as between the sub-purchasers there might have been if the main scheme had been held to exist. However, . .
Dicta approved – Brunner v Greenslade ChD 1971
Megarry J discussed the ratio decidendi of and approving dicta in Lawrence.
‘The substance of the views of Simonds J was that where there is a head scheme, any sub-purchasers are bound inter se by the covenants of that head scheme even though . .
Cited – Practice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – Black, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
Cited – Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd SC 3-Jul-2013
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Litigation Practice, Prisons, Constitutional

Updated: 24 March 2022; Ref: scu.581637

Glaxo Wellcome UK Ltd (T/A Allen and Hanburys) and Another v Sandoz Ltd and Another: CA 6 Apr 2017

Appeal from refusal to allow addition of two further defendants in claim of trade mark infringement.

Judges:

Floyd, Moylan LJJ, Sir Timothy Lloyd

Citations:

[2017] EWCA Civ 227

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Intellectual Property

Updated: 24 March 2022; Ref: scu.581430

Richards v Investigatory Powers Tribunal and Others: QBD 24 Mar 2017

The claimant had issued proceedings against a very wide range of people and organisations, and her claims were said to be ill presented. An application was made for their strike out and for an extended civil restraint order.

Judges:

Nicol J

Citations:

[2017] EWHC 560 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Human Rights

Updated: 24 March 2022; Ref: scu.581319

Taylor v Van Dutch Marine Holding Ltd and Others: ChD 27 Mar 2017

Application by a secured creditor of a defendant against whom a freezing order has been made seeking an amendment to the freezing order to the effect that nothing in the order should prevent or restrict it from enforcing any rights it might have pursuant to its facility agreement and debenture.

Judges:

Mann J

Citations:

[2017] EWHC 636 (Ch), [2017] WLR(D) 213

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Contract, Insolvency, Litigation Practice

Updated: 24 March 2022; Ref: scu.581331

Brevan Howard Asset Management Llp and Others v Reuters Ltd and Others: QBD 28 Mar 2017

Application by the Claimant (‘BHAM’) for an interim non-disclosure order. The First Defendant (‘Reuters’) is the well-known international news agency. The Second Defendant, Ms Keidan, is a financial journalist working for Reuters. The Third Defendant is identified as ‘Person or Persons Unknown’ alleged to have leaked the confidential documents, or the information derived therefrom, the use of which BHAM seeks to restrain by this application.

Judges:

Popplewell J

Citations:

[2017] EWHC 644 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Intellectual Property

Updated: 24 March 2022; Ref: scu.581310

Solicitors Regulation Authority v Wingate and Another: Admn 7 Feb 2017

Orders following principal judgment

Judges:

Holman J

Citations:

[2017] EWHC 505 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Solicitors Regulation Authority v Wingate and Another Admn 21-Dec-2016
The SRA alleged that the Solicitors Disciplinary Tribunal had erred in not finding proven some of the serious allegations against the defendant solicitors proven.
Held: Some of the appeals succeeded. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice

Updated: 24 March 2022; Ref: scu.581092

Zulfikarpasic v Gajer: ECJ 9 Mar 2017

ECJ (Area of Freedom, Security and Justice : Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judicial Cooperation In Civil Matters – Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Requirements for certification as a European Enforcement Order – Concept of ‘court’ – Notary who has issued a writ of execution based on an ‘authentic document’ – Authentic instrument

Citations:

C-484/15, [2017] EUECJ C-484/15, ECLI:EU:C:2017:199

Links:

Bailii

Jurisdiction:

European

Litigation Practice, International

Updated: 23 March 2022; Ref: scu.580730

Brink’s Mat Ltd v Elcombe: CA 1988

An interim injunction had been obtained but on a flawed basis. A more limited injunction was now sought.
Held: Balcombe LJ set out the principles to be applied: ‘The rule that an ex parte injunction will be discharged if it was obtained without full disclosure has a two-fold purpose. It will deprive the wrongdoer of an advantage improperly obtained . . But it also serves as a deterrent to ensure that persons who make ex parte applications realise that they have this duty of disclosure and of the consequences (which may include a liability in costs) if they fail in that duty. Nevertheless, this judge-made rule cannot be allowed itself to become an instrument of injustice. It is for this reason that there must be a discretion in the court to continue the injunction, or to grant a fresh injunction in its place, notwithstanding that there may have been non-disclosure when the original ex parte injunction was obtained . . I make two comments on the exercise of this discretion. (1) Whilst, having regard to the purpose of the rule, the discretion is one to be exercised sparingly, I would not wish to define or limit the circumstances in which it may be exercised. (2) I agree with the views of Dillon LJ in [another case] that, if there is jurisdiction to grant a fresh injunction, then there must also be a discretion to refuse, in an appropriate case, to discharge the original injunction.’

Judges:

Balcombe LJ

Citations:

[1988] 1WLR 1350

Jurisdiction:

England and Wales

Cited by:

Cited – Franses v Al Assad and others ChD 26-Oct-2007
The claimant had obtained a freezing order over the proceeds of sale of a property held by solicitors. The claimant was liquidator of a company, and an allegation of wrongful trading had been made against the sole director and defendant. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 March 2022; Ref: scu.260077

Guaranty Trust Co of New York v Hannay and Co: CA 1915

A claimant does not need to have a subsisting cause of action against a defendant before the court will grant a claimant a declaration. The court considered the ambiguity in the meaning of the word ‘jurisdiction’: ‘The first and, in my opinion, the only really correct sense of the expression that the Court has no jurisdiction is that it has no power to deal with and decide the dispute as to the subject matter before it, no matter in what form or by whom it is raised. But there is another sense in which it is often used, i.e., that, although the Court has power to decide the question it will not according to its settled practice do so except in a certain way and under certain circumstances.’ An unsuccessful attack was mounted on the vires of Ord 25 r 5.
Pickford LJ said: ‘I think therefore that the effect of the rule is to give a general power to make a declaration whether there be a cause of action or not, and at the instance of any party who is interested in the subject matter of the declaration.’ and ‘The first and, in my opinion, the only really correct sense of the expression that the Court has no jurisdiction is that it has no power to deal with and decide the dispute as to the subject-matter before it, no matter in what form or by whom it is raised. But there is another sense in which it is often used, i.e., that, although the Court has power to decide the question it will not according to its settled practice do so except in a certain way and under certain circumstances.’
Bankes LJ: ‘It is essential, however, that a person who seeks to take advantage of the rule must be claiming relief. What is meant by this word relief? When once it is established, as I think it is established, that relief is not confined to relief in respect of a cause of action it seems to follow that the word itself must be given its fullest meaning. There is, however, one limitation which must always be attached to it, that is to say, the relief claimed must be something which it would not be unlawful or unconstitutional or inequitable for the court to grant or contrary to the accepted principles upon which the court exercises its jurisdiction. Subject to this limitation I see nothing to fetter the discretion of the court in exercising a jurisdiction under the rule to grant relief, and having regard to general business convenience and the importance of adapting the machinery of the courts to the needs of suitors I think the rule should receive as liberal a construction as possible.’

Judges:

Pickford LJ, Bankes LJ

Citations:

[1915] 2 KB 536, [1914-15] All ER 24, 113 LT 98, 84 LJKB 1465

Jurisdiction:

England and Wales

Cited by:

Approved – Garthwaite v Garthwaite CA 1964
The court discussed what was constitutive jurisdiction: ‘The ‘jurisdiction’ of a validly constituted court connotes the limits which are imposed upon its power to hear and determine issues between persons seeking to avail themselves of its process . .
Cited – Fourie v Le Roux and others HL 24-Jan-2007
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for . .
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Cited – SRJ v Person(s) Unknown (Author and Commenters of Internet Blogs) QBD 10-Jul-2014
The claimant sought an order for the disclosure by his solicitor of the identity of the author of an internet blog publishing critical material which, the claimant said, was its confidential information. The defendant’s solicitor had failed to . .
Cited – Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 23 March 2022; Ref: scu.248201

Brennan and others v Sunderland City Council Unison GMB: EAT 16 Dec 2008

No Waiver for disclosure of Advice

EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and therefore privilege was waived. The Tribunal rejected the application and the EAT held that they were right to do so.
Consideration of the operation of waiver principles.
Elias J P discussed the question fundamental to whether there had been a waiver: The fundamental question is whether, in the light of what has been disclosed and the context in which disclosure has occurred, it would be unfair to allow the party making disclosure not to reveal the whole of the relevant information because it would risk the court and the other party only having a partial and potentially misleading understanding of the material. The court must not allow cherry picking, but the question is: when has a cherry been relevantly placed before the court?
Typically, as we have seen, the cases attempt to determine the question whether waiver has occurred by focusing on two related matters. The first is the nature of what has been revealed; is it the substance, the gist, content or merely the effect of the advice? The second is the circumstances in which it is revealed; has it simply been referred to, used, deployed or relied upon in order to advance the parties’ case? As Waller LJ observed in the Dunlop Slazenger case [2003] EWCA Civ 901. The principles are not altogether easy to discern, partly perhaps because of the vagueness of the language adopted – for example, sometimes reliance and deployment are used as separate terms and sometimes they appear to mean much the same thing – and partly because the cases are necessarily fact sensitive . .
66. Having said that, we do accept that the authorities hold fast to the principle that legal advice privilege is an extremely important protection and that waiver is not easily established. In that context something more than the effect of the advice must be disclosed before any question of waiver can arise.
However, in our view, the answer to the question whether waiver has occurred or not depends upon considering together both what has been disclosed and the circumstances in which disclosure has occurred. As to the latter the authorities in England strongly support the view that a degree of reliance is required before waiver arises, but there may be issues as to the extent of the reliance . .’

Judges:

Elias J P

Citations:

[2008] UKEAT 0349 – 08 – 1612, [2009] ICR 479

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Wilson v Northampton and Banbury Junction Railway Co 1872
Lord Selborne LC said: ‘It is of the highest importance . . that all communications between a solicitor and a client upon a subject which may lead to litigation should be privileged, and I think the court is bound to consider that . . almost any . .
Cited – Unison GMB v Brennan and others EAT 19-Mar-2008
EAT Jurisdictional Points
Sex discrimination
Can an employment tribunal make a declaration that the term of a collective agreement is void, pursuant to section 77 of the Sex Discrimination Act, at the . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Great Atlantic Insurance v Home Insurance CA 1981
The defendants sought to enter into evidence one part of a document, but the plaintiffs sought to have the remainder protected through legal professional privilege.
Held: The entirety of the document was privileged, but by disclosing part, the . .
Cited – Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2) 11-Dec-1978
The court considered disclosure of a legally privileged note of an interview: ‘I believe that the principle underlying the rule of practice exemplified by Burnell v British Transport Commission is that, where a party is deploying in court material . .
Cited – Dunlop Slazenger International Ltd v Joe Bloggs Sports Ltd CA 11-Jun-2003
Waller LJ said: ‘To answer the question whether waiver of parts of a privileged communication waives the complete information, it is that dictum of Mustill J., as he then was, which applies. A party is not entitled to cherry pick and a party to whom . .
Cited – Bennett v Chief Executive Officer of the Australian Customs Service 25-Aug-2004
Austlii (Federal Court of Australia) EVIDENCE – Privilege – Legal professional privilege – Waiver – Letter conveying substance and effect of legal advice to third party – Inconsistency between disclosure and . .
Cited – Expandable Ltd and Another v Rubin CA 11-Feb-2008
The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure.
Held: The appeal failed. The letter was protected by legal professional . .
Cited – Mann v Carnell 21-Dec-1999
Austlii (High Court of Australia) Practice and procedure – Preliminary discovery – Legal professional privilege – Loss of privilege – Waiver by disclosure to third party.
Australian Capital Territory – . .
Cited – GE Capital Corporate Finance Group v Bankers Trust Co and Others CA 3-Aug-1994
Irrelevant parts of documents required to be disclosed may be blanked out on discovery by the party giving discovery. Hoffmann LJ: ‘It has long been the practice that a party is entitled to seal up or cover up parts of a document which he claims to . .
Cited – Infields Ltd v P Rosen and Son CA 1938
Sir Wilfred Greene MR said that reliance on a document was not of itself sufficient to displace legal professional privilege: ‘In my judgment, the same principle applies here. All that the deponent was doing was saying: ‘Well, I am asking the court . .
Cited – Government Trading Corporation v Tate and Lyle Industries Ltd CA 24-Oct-1984
Reference was made to information derived from Iranian lawyers. The solicitor in an affirmation had set out his understanding of Iranian law on the incorporation of a Government Trading Corporation in Iran and stated that his information had been . .
Cited – Regina v Secretary of State for Transport ex-parte Factortame and Others CA 1988
The Secretary of State was willing to make legal advice given to him available on the grounds that privilege had been waived, but not advice after a particular cut off date. The claimants were dubious as to whether the privilege had been properly . .
Cited – University of Southampton v Dr C K Kelly EAT 14-Nov-2005
EAT The respondent had stated in its response to the complaint of unfair dismissal that it had realised that it would be unlawful to continue to employ the claimant after having taken legal advice. The claimant . .

Cited by:

Cited – Re D (a child) CA 14-Jun-2011
In the course of care proceedings, the mother had revised her version of events, and then explained why. The father sought disclosure of the attendance notes of her solicitor, saying that she had waived any privilege in the advice given. She now . .
Applied – The National Crime Agency v Perry and Others QBD 12-Nov-2014
The agency had taken proceedings against the defendant to reciver what it said were theproceeds of crime. That claim was dicontinued. The defendant sought to recover his costs on an indemnity basis, and relying upon a witness statement from an . .
Appeal from – Council of The City of Sunderland v Brennan and Others CA 3-Apr-2012
Equal pay claim – Whether difference in pay due to material factor other than sex . .
See Also – Sunderland City Council v Brennan and Others EAT 2-May-2012
EAT PRACTICE AND PROCEDURE – Contribution
PRACTICE AND PROCEDURE – Disclosure
(1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability . .
See Also – Sunderland City Council v Brennan and Others EAT 2-May-2012
EAT PRACTICE AND PROCEDURE – Contribution
PRACTICE AND PROCEDURE – Disclosure
(1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability . .
Cited – Kyla Shipping Co Ltd and Another v Freight Trading Ltd and Others ComC 22-Feb-2022
Litigation Privilege
Defendants challenged the claimants assertion of litigation privilege and contended for a waiver of any privilege which entitles them to disclosure of additional materials referred to in a witness statement.
Held: ‘I dismiss the waiver of . .
Lists of cited by and citing cases may be incomplete.

Employment, Legal Professions, Litigation Practice

Leading Case

Updated: 23 March 2022; Ref: scu.278812

Young, Young, Irby v Robson Rhodes and Frank Attwood: ChD 30 Mar 1999

Where a merger was proposed between two accountancy firms, who had provided litigation support services to opposing sides in a case, it was necessary to separate the two halves most rigorously including physical separation in order to ensure no disclosure of material held for either side.

Citations:

Times 11-May-1999, [1999] EWHC Ch 242, [1999] 3 All ER 524

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – Underwood, Son and Piper v Lewis CA 11-May-1894
Solicitors had declined to continue to act for their client before the litigation in which they were acting had been completed. They brought an action for the amount of their bill of costs for work done to date. The trial judge held that a solicitor . .

Cited by:

Cited – Koch Shipping Inc v Richards Butler (a Firm) CA 22-Jul-2002
The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant . .
Cited – Marks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm) ChD 2-Jun-2004
The claimant sought an injunction preventing the respondent form of solicitors acting for a client in a bid for the claimant, saying that the firm was continuing to act for it, and that a conflict of interest arose.
Held: Though the . .
Cited – Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer CA 3-Jun-2004
The defendant firm of solicitors sought leave to appeal against an injunction requiring them not to act for a client in making a bid to take over the business of the claimant, a former client of the firm.
Held: Leave was refused. The appeal . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 March 2022; Ref: scu.162969

United States of America v Philip Morris Inc and Others and British American Tobacco (Investments) Ltd: CA 23 Mar 2004

The defendants appealed orders requiring them to produce evidence for use in the courts in the US.
Held: It was the pleasure and duty of British courts to respond positively to a letter of request. Public interest required that a court should have before it all the evidence it required to fulfil its task. Unless it was clear that the majority of questions asked could be resisted on the grounds of legal professional privilege, the rquest should be complied with.

Judges:

Mr Justice Brooke Lord Justice Chadwick Lord Justice Scott Baker

Citations:

[2004] EWCA (Civ) 330, Times 16-Apr-2004, [2004] 1 CLC 811

Links:

Bailii

Statutes:

Evidence (Proceedings in other Jurisdictions) Act 1975

Jurisdiction:

England and Wales

Citing:

Cited – Genira Trade and Finance Inc v CS First Boston and Standard Bank (London) Limited CA 21-Nov-2001
The court considered the circumstances under which it could be called upon to assist a foreign court.
Held: It is the duty and pleasure of the court to give all such assistance as it can to the requesting court within the limits imposed by the . .
Cited – Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5) CA 3-Apr-2003
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI.
Held: Legal advice privilege attached to the communications between a client and the . .
Cited – Three Rivers District Council v Bank of England (No 5) ComC 4-Nov-2003
The defendant bank sought protection from disclosure of advice it had received from its solicitors.
Held: To the extent that the communications were for the purpose of seeking advice as to its legal rights and obligations, the communications . .
Cited – Balabel v Air India CA 1988
When considering claims for legal professional privilege, the court should acknowledge the ‘continuity of communications’. However, where the traditional role of a solicitor had expanded, the scope of legal professional privilege should not be . .
Appeal from – United States of America v Philip Morris Inc and others QBD 10-Dec-2003
Witness orders were sought in respect of professionals resident in England to support litigation in the US. They objected on the ground that the terms of the order sought suggested improper behaviour, and that an order would anticipate breach of . .
Cited – Waugh v British Railways Board HL 12-Jul-1979
No Litigation Privilege without Dominant Purpose
An internal report had been prepared by two of the Board’s officers two days after a collision involving the death of a locomotive driver, whose widow brought the action and now sought its production.
Held: The court considered litigation . .
Cited – Re Highgrade Traders Ltd CA 1984
The court rejected a claim for legal advice privilege in relation to reports commissioned by an insurance company after a suspected arson. The documents were reports prepared by third parties rather than employees of the company. After considering a . .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Cited – In Re L (A Minor) (Police Investigation: Privilege) HL 22-Mar-1996
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given . .
Cited – Anderson v Bank of British Columbia CA 1876
Litigation was threatened against an English bank concerning the conduct of an account kept at the branch of the bank in Oregon. The English bank’s London manager thought it necessary to ascertain the full facts and cabled the branch manager in . .
Cited – Wheeler v Le Marchant CA 1881
Advice was given to the defendant trustee of the will of a Mr Brett in the course of its administration in the Chancery Division; for the purpose of that advice information was sought from both the former and the current estate-agent and surveyor. . .
Cited – Collins v London General Omnibus Company 1893
The court adopted a narrow definition of when documents would be protected by legal professional privilege because of anticipated litigation. Will J postulating circumstances being such that ‘no reasonable person could doubt that an action would . .
Cited – Jarman v Lambert and Cooke Contractors Ltd CA 1951
The words ‘pending’ or ‘anticipated’ in the subsection were the words habitually used in connection with legal professional privilege, and ‘The privilege only obtains if litigation is ‘pending or anticipated’, and in that connection it is well . .
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .

Cited by:

Cited – Starbev GP Ltd v Interbrew Central European Holding Bv ComC 18-Dec-2013
Challenge to assertion of litigation privilege.
Hamblen J said:
’11. The legal requirements of a claim to litigation privilege may be summarised as follows:
(1) The burden of proof is on the party claiming privilege to establish it . .
Cited – Kyla Shipping Co Ltd and Another v Freight Trading Ltd and Others ComC 22-Feb-2022
Litigation Privilege
Defendants challenged the claimants assertion of litigation privilege and contended for a waiver of any privilege which entitles them to disclosure of additional materials referred to in a witness statement.
Held: ‘I dismiss the waiver of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Professions, Evidence

Updated: 23 March 2022; Ref: scu.194836

RBS Rights Issue Litigation: ChD 9 Mar 2017

‘This judgment concerns an issue in the RBS Rights Issue Litigation as to the circumstances in which the Court may require disclosure of the names of commercial funders, and the details of any ATE insurance, in advance of a threatened application for security for costs when a trial is imminent.’

Judges:

Hildyard J

Citations:

[2017] EWHC 463 (Ch), [2017] WLR(D) 168

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Litigation Practice

Updated: 09 February 2022; Ref: scu.579951

Kimathi and Others v Foreign and Commonwealth Office: QBD 31 Oct 2017

Third judgment in respect of amendments to the individual Particulars of Claim

Judges:

Stewart J

Citations:

[2017] EWHC 2703 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 26-Nov-2015
Reasns on decisions on applications for exclusion of certain witness statements . .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 16-Dec-2015
. .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 18-Mar-2016
Ruling in relation to Defendant’s application for an order ‘directing that the issues of double actionability and limitation be heard and determined as preliminary issues’ . .

Cited by:

See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 28-Nov-2017
Application to admit contents of book into evidence. . .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 February 2022; Ref: scu.601093

Synstar Computer Service (UK) Ltd v ICL (Sorbus) Ltd and Another: ChD 1 May 2001

The complainant alleged that the ties between the separate defendants’ businesses were anti-competitive.
Held: That issue was best decided by the Competition Commission Appeal Tribunal. The issues might also give rise to litigation of the instant nature. It was inappropriate for the same issues to be litigated in parallel, and accordingly the present proceedings should be stayed pending the decision by the tribunal on an appeal from the decision of the Director General of Fair Trading to refuse to undertake an investigation of the alleged restrictive practices.

Citations:

Times 01-May-2001, Gazette 07-Jun-2001

Statutes:

Competition Act 1998 2

Jurisdiction:

England and Wales

Litigation Practice

Updated: 09 February 2022; Ref: scu.89667

Re Rex Williams Leisure Plc (In Administration): ChD 1 Sep 1993

Directors facing disqualification proceedings to give evidence by affidavit.

Citations:

Gazette 01-Sep-1993

Jurisdiction:

England and Wales

Citing:

Appealed to – In Re Rex Williams Leisure Plc (In Administration) CA 4-May-1994
On an application for a disqualification order, the director against whom the order is to be made should file an affidavit before the date of the hearing. A disqualification order can have grave consequences and is a serious interference with the . .

Cited by:

Appeal from – In Re Rex Williams Leisure Plc (In Administration) CA 4-May-1994
On an application for a disqualification order, the director against whom the order is to be made should file an affidavit before the date of the hearing. A disqualification order can have grave consequences and is a serious interference with the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 February 2022; Ref: scu.85859

JSC Bta Bank v Ablyazov and Others: ComC 24 Feb 2011

Application by the Bank for judgment against the twelfth defendant which is one of the Intermediaries, as a result of Maden’s failure to comply with the Unless Order and its further failure to comply with the conditions for relief from the sanction in the Unless Order.

Judges:

Chrisopher Clarke J

Citations:

[2011] EWHC 470 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 04 February 2022; Ref: scu.578049

CPL Ltd v CPL Opco (Trinidad) Ltd and Another: ChD 27 Feb 2017

Application for trial of preliminary issue

Judges:

Clark M

Citations:

[2017] EWHC 381 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – CPL Ltd v CPL Opco (Trinidad) Ltd and Another ChD 21-Dec-2017
Dispute as to rights in management of cricket tournament. . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 04 February 2022; Ref: scu.577825

Banca Carige Spa Cassa Di Risparmio Di Genova E Imperia v Banco Nacional De Cuba and Another: ChD 11 Apr 2001

Application to discharge order declaring that leave was not needed for service of proceedings on the defendant out of the jurisdiction.

Judges:

Lightman J

Citations:

[2001] EWHC 562 (Ch), [2001] 2 Lloyd’s Rep 147, [2001] 2 BCLC 407, [2001] BPIR 407, [2001] Lloyd’s Rep Bank 203, [2001] 1 WLR 2039, [2001] 3 All ER 923

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, Jurisdiction, Litigation Practice

Updated: 03 February 2022; Ref: scu.577490

Kimathi and Others v Foreign and Commonwealth Office: QBD 26 Nov 2015

Reasns on decisions on applications for exclusion of certain witness statements

Judges:

Stewart J

Citations:

[2015] EWHC 3432 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 16-Dec-2015
. .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 18-Mar-2016
Ruling in relation to Defendant’s application for an order ‘directing that the issues of double actionability and limitation be heard and determined as preliminary issues’ . .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 31-Oct-2017
Third judgment in respect of amendments to the individual Particulars of Claim . .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 28-Nov-2017
Application to admit contents of book into evidence. . .
See Also – Kimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 February 2022; Ref: scu.557060

Dhanji and Another v Najar and Others: ChD 18 Jan 2017

Claims are for sums due under investment and loan agreements together with necessary accounts and enquiries in respect of sums found to be held on trust and any breach of trust involved and compensation for such breach of trust. Applications for orders debarring certain defendants and for relief from sanctions.

Judges:

Matthews M

Citations:

[2017] EWHC 193 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Trusts, Litigation Practice

Updated: 31 January 2022; Ref: scu.575341

Airbus Industrie Gie v Patel and Others: CA 12 Aug 1996

The policy allowing restraint of foreign proceedings was not limited to protecting proceedings here. An injunction to restrain proceedings given here after a dismissal of a similar case in the US was proper.

Citations:

Times 12-Aug-1996, Gazette 02-Oct-1996

Jurisdiction:

England and Wales

Citing:

Appeal from – Airbus Industrie Gie v Patel and Others QBD 21-May-1996
A court may grant an anti-suit injunction restricting proceedings but only very rarely. . .

Cited by:

Appeal from – Airbus Industrie G I E v Patel and Others HL 2-Apr-1999
An Indian Airlines Airbus A-320 crashed at Bangalore airport after an internal Indian flight. The plaintiff passengers lived in England. Proceedings began in Bangalore against the airline and the airport authority. The natural forum was the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 31 January 2022; Ref: scu.77690

Kimathi and Others v The Foreign and Commonwealth Office: QBD 9 Feb 2017

Application notice seeking an order that certain issues be listed for hearing as a preliminary point.

Judges:

Stewart J

Citations:

[2017] EWHC 203 (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 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 . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office (Cross examination request) QBD 24-Nov-2016
Application to cross examine translators of claimant witness statements. . .

Cited by:

See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 28-Mar-2018
Claim as to allegations of abuse in Kenya in the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 18-Apr-2018
Continued dispute as to admissibility of certain documents . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-May-2018
Admissibility of extracts from Hansard . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 24-May-2018
The Claimants claimed damages against the Defendant for alleged abuses arising during the course of the Kenyan Emergency during the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 2-Aug-2018
Allegations of abuse by persons for whose conduct it is alleged the Defendant is liable, arising out of the Kenyan Emergency. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 21-Nov-2018
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 29 January 2022; Ref: scu.574093

Lifestyles Equities Cv and Another v Sportsdirect.Com Retail Ltd and Others: ChD 9 Feb 2017

The court considered applications for the joinder of additional defendants in trade mark infringement action.

Judges:

Master Clark

Citations:

[2017] EWHC 154 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, Litigation Practice

Updated: 29 January 2022; Ref: scu.574096

Petrosaudi Oil Services (Venezuela) Ltd v Novo Banco Sa and Others – EWCA Civ 32: CA 25 Jan 2017

Form of Order

Judges:

Lewison, Christopher Clarke LJJ

Citations:

[2017] EWCA Civ 32

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Petrosaudi Oil Services (Venezuela) Ltd v Novo Banco Sa and Others – EWCA Civ 9 CA 25-Jan-2017
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 January 2022; Ref: scu.573614