Tag: Litigation Practice

Chiron v Murex: CA 24 May 1993

The Court of Appeal will not usually overturn a judge’s striking out of a patent action defence.

Citations:

Ind Summary 24-May-1993

Jurisdiction:

England and Wales

Citing:

See Also – Chiron v Murex CA 18-Oct-1993
It was for a judge to identify the real issues, and he may strike out parts of the defence and refuse amendments. . .

Cited by:

See Also – Chiron v Murex CA 18-Oct-1993
It was for a judge to identify the real issues, and he may strike out parts of the defence and refuse amendments. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.79101

Caribbean General Insurance Co Ltd v Frizzell Insurance Brokers: CA 4 Nov 1993

The judge was wrong to re-instate a case after there had been repeated breaches of unless orders by the plaintiff. Peremptory orders of the court must be obeyed unless excusable.

Citations:

Gazette 19-Jan-1994, Times 04-Nov-1993

Jurisdiction:

England and Wales

Citing:

Appeal from – Caribbean Gold Ltd v Alga Shipping Ltd (The Nova Scotia) QBD 2-Jun-1993
The time for service of a writ was extended after an excusable error by solicitors. The writ had been issued but the guidance given had been confusing. . .

Cited by:

Appealed to – Caribbean Gold Ltd v Alga Shipping Ltd (The Nova Scotia) QBD 2-Jun-1993
The time for service of a writ was extended after an excusable error by solicitors. The writ had been issued but the guidance given had been confusing. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contempt of Court

Updated: 26 October 2022; Ref: scu.78901

Brown v Guardian Royal Exchange Assurance Plc: CA 27 Jan 1994

Policy terms negate professional privilege between solicitor and insurance company’s solicitor. No privilege against disclosure between firm, solicitors and own insurers.

Citations:

Independent 11-Feb-1994, Times 27-Jan-1994, Gazette 02-Mar-1994

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice

Updated: 26 October 2022; Ref: scu.78701

Chiron Corporation and Others v Murex Diagnostics Ltd: CA 14 Oct 1994

ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of an application for leave to appeal to the House of Lords. The decision of the House as to leave was a judicial one and not merely administrative.

Citations:

Ind Summary 24-Oct-1994, Times 14-Oct-1994

Jurisdiction:

England and Wales

Citing:

See Also – Chiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
See Also – Chiron Corporation v Organon Teknika (No 2) CA 1993
Section 44 could be used in a patent contract dispute even though the patent at issue was governed by the law of a foreign state which would not itself have applied that section. . .

Cited by:

See Also – Chiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 26 October 2022; Ref: scu.79095

Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others: CA 4 Aug 1994

A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind.

Citations:

Gazette 06-Jan-1993

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others HL 25-May-1995
There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.78472

Arbuthnott v Fagan: CA 11 Jul 1994

Evidence given to Lloyds loss review committee is discoverable despite rule.

Citations:

Ind Summary 11-Jul-1994

Jurisdiction:

England and Wales

Citing:

See also – Arbuthnott v Fagan CA 30-Jul-1993
The court considered the proper approach to construction of the terms in a contract. Sir Thomas Bingham MR said: ‘Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be . .

Cited by:

Appeal from – Arbuthnot and Others v Fagan and Feltring Underwriting Agencies Ltd and Others HL 26-Jul-1994
A relationship in contract does not negative a duty of care between the parties. A plaintiff with a choice of action either in contract or in negligence can choose his remedy, and the limitation period with which it is associated. . .
See also – Arbuthnott v Fagan CA 30-Jul-1993
The court considered the proper approach to construction of the terms in a contract. Sir Thomas Bingham MR said: ‘Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.77856

Balfour v Foreign and Commonwealth Office: CA 10 Dec 1993

A judge may choose not to inspect the documents behind a Public Interest immunity certificate if that certificate had been given for reasons of National Security. The court must always be vigilant to ensure that public interest immunity of whatever kind is raised only in appropriate circumstances and with appropriate particularity.

Judges:

Russell LJ

Citations:

Independent 10-Dec-1993, Times 10-Dec-1993, [1994] 1 WLR 681, [1994] 2 All ER 588, [1994] ICR 277

Jurisdiction:

England and Wales

Cited by:

Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Lists of cited by and citing cases may be incomplete.

Employment, Litigation Practice

Updated: 26 October 2022; Ref: scu.78110

Aectra Refining and Marketing Inc v Exmar NN: CA 15 Aug 1994

A time loss claim can found a legal set-off claim against ship owners, provided that the loss claim can be made in the same court. The court referred to a ‘transaction set-off and independent set-off’. Cross-claims must both be due and payable, and either liquidated or capable of being quantified by reference to ascertainable facts that do not, in their nature, require estimation or valuation.
Hoffman LJ reaffirmed the procedural character of legal set-off, saying: ‘Independent set-off, as its name suggests, does not require any relationship between the transactions out of which the cross claims arise. In English law it is based on section 13 of the Insolvent Debtors Relief Act 1729 . . The procedural basis of independent set-off is reflected in the rule that the mere existence of liquidated cross-claims does not automatically extinguish the smaller debt . . It operates only by express or implied agreement or through the judicial process by which the account is taken. As Sir George Jessel MR said in Talbot v Frere (1878) 9 ChD, 568, 573 ‘there could not be a set-off until action brought and set-off pleaded.’ The Act of 1729 is expressed in procedural terms’

Judges:

Hoffman LJ, Hirst LJ

Citations:

Ind Summary 22-Aug-1994, Times 15-Aug-1994, [1995] 1 All ER 641, [1994] 1 WLR 1634

Jurisdiction:

England and Wales

Citing:

Cited – Talbot v Frere CA 1878
Sir George Jessel MR said: ‘there could not be a set-off until action brought and set-off pleaded.’ . .

Cited by:

Cited – Benford Ltd and Another v Lopecan Sl QBD 30-Jul-2004
The parties disputed the coverage agreed under a distribution agreement.
Held: ‘The counterclaim operated as a defence by way of set off. In order to establish that defence the defendant will have to prove the losses pleaded . . . Until the . .
Cited – Fuller v Happy Shopper Markets Ltd and Another ChD 6-Mar-2001
A tenant complained to the landlord about his failure to repair. He ceased paying rent, and the landlord eventually distrained for rent by direct action.
Held: The tenant was unable to claim a legal set-off because there was no context of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Transport

Updated: 26 October 2022; Ref: scu.77660

Brown and Another v Bennett and Others (No 2): ChD 16 Nov 2001

The power to make a wasted costs order did not apply only against advocates in court, and not only against the applicant’s own representatives. The test was as to the causing of additional costs. In this case several barristers had been involved at different stages. The defendants asserted that they should have appreciated that there was no prospect of success in an allegation of fraud. A decision to plead fraud, within the terms of the barristers’ code of conduct, was a matter of professional judgement. An order should be made only if the view reached by counsel that he could plead dishonesty was unreasonable or reckless. In this case also the claimants insisted on retaining their legal privilege, and accordingly the barristers were unable properly to defend their decisions.

Judges:

Justice Neuberger

Citations:

Times 21-Nov-2001, Gazette 10-Jan-2002

Statutes:

Supreme Court Act 1981 51

Jurisdiction:

England and Wales

Citing:

Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .

Cited by:

Distinguished – Byrne v Sefton Health Authority CA 22-Nov-2001
There was no power to make an order for wasted costs against a solicitor who had not been acting in a matter when proceedings were issued. Delays eventually led to the dismissal of a medical negligence case for limitation. The defendant authority . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Litigation Practice

Updated: 25 October 2022; Ref: scu.166845

Mann v O’Neill: 31 Jul 1997

High Court of Australia – Courts should be reluctant to extend the immunity given to witnesses: ‘the general rule is that the extension of absolute privilege is viewed with the most jealous suspicion, and resisted, unless its necessity is demonstrated’
Defamation – Absolute privilege – Absolute privilege only attaches out of necessity – Judicial and quasi-judicial proceedings – Complaint procedures and disciplinary proceedings – Letter to Attorney-General questioning special magistrate’s fitness to hold office – Letter not a step in disciplinary proceedings – Letter invoked investigative function equating with prosecuting authority’s function – Not necessary that statements to prosecuting authorities be absolutely privileged – Complaints to prosecuting authorities enjoy qualified privilege.

Citations:

(1997) 71 ALJR 903, (1997) 191 CLR 204, (1997) 145 ALR 682, (1997) 12 Leg Rep 21, [1997] Aust Torts Reports 81-436

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Defamation

Updated: 24 October 2022; Ref: scu.245753

OPQ v BJM and CJM: QBD 20 Apr 2011

The defendant was said to have attempted to blackmail the claimant by threatening to publish intimate photographs. The court had granted an injunction restraining publication and identification of the parties.
Held: As to the remedy of an injunction contra mundum, Eady J said: ‘the remedy is available, whenever necessary and appropriate, for the protection of Convention rights whether of children or adults’.

Judges:

Eady J

Citations:

[2011] EWHC 1059 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 21 October 2022; Ref: scu.434899

Goodwin v News Group Newspapers Ltd: QBD 23 May 2011

The claimant had obtained orders restricting publication by the defendant of stories of his relationship with a woman. The order had also restrained publication of their names. The names had since been revealed under parliamentary prvilege, and the defendant sought the discharge of the order.
Held: This had not been a ‘superinjunction’, and there had been no restriction on relevant publications to the FSA.

Judges:

Tugendhat J

Citations:

[2011] EWHC 1309 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – MNB v News Group Newspapers Ltd QBD 9-Mar-2011
The defendant resisted an order preventing disclosure of information said by the claimant to be private.
Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. . .

Cited by:

See Also – Goodwin v News Group Newspapers Ltd QBD 27-May-2011
An associated claimant alleged contempt against another newspaper for publishing matters so as to defeat the purposes of a privacy injunction granted to her.
Held: Even though the principle claimant had been subsequenty identified with the . .
See Also – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice, Human Rights

Updated: 21 October 2022; Ref: scu.440086

MBR v The Secretary of State for The Home Department: SCS 17 May 2013

Application: ‘to hold [the procedural judge’s] interlocutor of 12 February 2013 pro non scripto and, in any event, for determination of the application for leave by a quorum of three judges of the Inner House’.

Judges:

Lord Carloway. Lord Justice Clerk

Citations:

[2013] ScotCS CSIH – 66

Links:

Bailii

Jurisdiction:

Scotland

Immigration, Litigation Practice

Updated: 13 October 2022; Ref: scu.512060

Lisle-Mainwaring v Associated Newspapers Ltd: CA 27 Jun 2018

Whether valid grant of leave to appeal on retirement of judge.

Citations:

[2018] EWCA Civ 1470, [2018] WLR(D) 396, [2018] 1 WLR 4766

Links:

Bailii, WLRD

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Cited by:

Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 22-Mar-2021
The defendant had been found to be in breach of copyright, and of misuse of private information. The court now considered the form of orders required to complete the judgment.
Held: The statement to be published by the defendant was not to be . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 07 October 2022; Ref: scu.618927

Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Documents): CA 23 Oct 2003

The court refused an application for further documents to be disclosed, the application being made on the day before the hearing of the appeal.

Judges:

Schiemann, Tuckey, Longmore LJJ

Citations:

[2003] EWCA Civ 1475

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main Judgment – Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages) CA 23-Oct-2003
The ‘Somatra’ was lost at sea. The insurance claim had been refused on the basis that the ship was unseaworthy. The owners came to instruct the appellant solicitors to represent them in the insurance claim. Having lost confidence in the solicitors, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 October 2022; Ref: scu.450029

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy and Another: ComC 26 Feb 2014

The court was asked whether interim third party debt orders obtained by the claimant, a judgment creditor, should be made final.

Judges:

Blair J

Citations:

[2014] EWHC 391 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 September 2022; Ref: scu.522390

Masri v Consolidated Contractors International Company Sal and Another: ComC 21 Oct 2008

The court heard matters relating to the recovery by the claimant of $63,000,000.

Judges:

Tomlinson J

Citations:

[2008] EWHC 2492 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See Also – Masri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See Also – Masri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See Also – Masri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .

Cited by:

See Also – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See Also – Masri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
Appeal from – Masri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See Also – Masri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See Also – Masri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 September 2022; Ref: scu.277080

Saldanha v Fulton Navigation Inc: AdCt 10 May 2011

Judges:

Jervid Kay QC

Citations:

[2011] EWHC 1118 (Admlty), [2011] 2 Lloyd’s Rep 206

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Roerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 September 2022; Ref: scu.449039

Youssef and Others v The Secretary of State for Foreign and Commonwealth Affairs: Admn 14 Nov 2011

The claimant sought to challenge the continued inclusion of his name on a list of persons subject to restrictions for showing sympathy to al Qaida, asking at this hearing: ‘Whether the Secretary of State’s decision to propose the relevant Claimant for listing by the UNSCR 1267 Committee was tainted by an error of law in that it proceeded on the basis that the relevant criteria for designation required only reasonable suspicion of relevant conduct, rather than evidence sufficient to establish such conduct to at least the civil standard of balance of probability.’

Judges:

Silber J

Citations:

[2011] EWHC 3014 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .

Cited by:

See Also – Youssef v Secretary of State for Foreign and Commonwealth Affairs CA 29-Oct-2013
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government.
Held: The Secretary of State . .
Lists of cited by and citing cases may be incomplete.

Crime, Litigation Practice

Updated: 26 September 2022; Ref: scu.448512

A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003

The claimants were involved in a group litigation with regard to the removal of organs without consent from deceased children. The defendant sought an order capping the costs which might be claimed.
Held: In GLO cases the desirability of ensuring that costs are kept within bounds makes it unnecessary for the court to require exceptional circumstances before exercising its discretion to make a costs cap order. Any costs cap should only relate to the costs incurred in relation to generic issues. An order was made identifying limits to the separate areas. The court’s general powers of case management were sufficiently wide to encompass the making of a costs capping order both in group litigation and in other actions.

Judges:

Gage J

Citations:

[2003] EWHC 1034 (QB), Gazette 22-Apr-2004

Links:

Bailii

Statutes:

Supreme Court Act 1981 51

Jurisdiction:

England and Wales

Citing:

Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987
The powers in the section together with the power to make orders for costs under Order 62 of the Rules of the Supreme Court included the power to make a pre-emptive order for costs.
Lord Donaldson MR said: ‘In these circumstances the judge . .
Cited – Solutia UK Limited v Griffiths CA 26-Apr-2001
The court considered issues relating to the appropriateness of the claimants instructing London solicitors in a case in which those solicitors had submitted a bill of costs totalling pounds 220,000 in connection with a claim in which their clients . .
Cited – The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others QBD 17-Dec-2002
The applicant sought an advisory order from the court to interpret the meaning of United Nations Security Council resolution no 1441 with regard to steps to be taken under the resolution in the event of the failure of Iraq to comply.
Held: A . .
Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .

Cited by:

Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Health Professions, Costs

Updated: 22 September 2022; Ref: scu.184639

Jeffs and Others v The New Zealand Dairy Production and Marketing Board and Others: PC 13 Oct 1966

(New Zealand)

Judges:

Viscount Dilhorne

Citations:

[1966] UKPC 22, [1967] 1 AC 551, [1967] 2 WLR 136, [1966] 3 All ER 863

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Natural Justice

Updated: 20 September 2022; Ref: scu.445107

Wittman (UK) Ltd v Willdav Engineering Sa: CA 10 May 2007

Application by the respondent under CPR Rule 52.9(1)(c) for an order that the appellant be required to pay into court the amount of the judgment debt together with a sum of money on account of the costs of the action as a condition of pursuing the appeal.

Judges:

Moore-Bick LJ

Citations:

[2007] EWCA Civ 521

Links:

Bailii

Jurisdiction:

England and Wales

Costs, Litigation Practice

Updated: 17 September 2022; Ref: scu.442424

Case LVI 38 Eliz 5 Co 85 B, Penryn Case Droit, Error, Bar, Gales, Grand Cape And Petit: 1220

A quod ei deforceat is brought in Wales, and prosecuted in the nature of a writ of right, according to the course there ; by force of the statute of l2 E 1 the tenant joins the mise upon the mere right, and afterwards makes default ; and without a petit cape awarded, judgment final is given against him ; the tenant brings a writ of right against the demandant, who had judgment ut supra and execution; he pleads the first judgment in bar : and judgment is given that it is it good bar ; the plaintiff, who was the tenant against whom the first judgment was given, brings a writ of error upon this last judgment ; and assigns for error, that a petit cape was not awarded before the first jitdgrnetit : non allocatur ; the first judgment was affirmed : for although it was erroneous, yet it is in force until it be reversed ; and this writ of error is not to reverse the first judgment, but the second judgment ; the second judgment was affirmed in error.

Citations:

[1220] EngR 467, (1220-1623) Jenk 259, (1220) 145 ER 185 (A)

Links:

Commonlii

Jurisdiction:

Wales

Litigation Practice

Updated: 15 September 2022; Ref: scu.461379

C Inc Plc v L and Another: ComC 16 Mar 2001

The court was asked as to the scope of the court’s power to grant a freezing order over the assets of a person who is resident out of the jurisdiction and against whom no substantive claim had yet been brought by the Claimant.

Judges:

Aikens J

Citations:

[2001] 2 All ER (Comm) 446, [2001] 2 Lloyd’s Rep 459, [2001] CLC 1054, [2001] EWHC 550 (Comm), [2007] 1 WLR 320

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – JSC BTA Bank v Ablyazov SC 21-Oct-2015
The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 September 2022; Ref: scu.441584

In re Saunders (A Bankrupt): ChD 1997

Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical context, capable of bearing more than one meaning and the court should give effect to the meaning which best gave effect to the statutory purpose rather than frustrating it.

Judges:

Lindsay J

Citations:

[1997] Ch 60

Statutes:

Insolvency Act 1986 130(2) 285

Jurisdiction:

England and Wales

Citing:

Considered – Rendall v Blair 1890
Where a statute requires leave to commence proceedings to be granted, a failure to obtain such consent does not automatically render the proceedings a nullity.
Bowen LJ said: ‘this section is not framed in the way in which sections are framed . .

Cited by:

Cited – Seal v Chief Constable of South Wales Police CA 19-May-2005
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek . .
Cited – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
Cited – Adorian v The Commissioner of Police of the Metropolis CA 23-Jan-2009
The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed . .
Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insolvency

Updated: 14 September 2022; Ref: scu.226025

Spice Girls Ltd v Aprilla World Service BV (No 3): ChD 20 Jul 2000

After trials and hearings as to the facts, as to damages, and as to costs, and where the parties had previously been shown draft judgments, and been invited to comment, the applicants sought to appeal, on the grounds that losses which had been claimed, had not been suffered.
Held: The information had been known or available to the appellants and had not been raised when opportunities presented themselves. The suggested evidence did not suggest a real difference. The appeal was the wrong way to go about things and was denied.
Arden J said: ‘In my judgment, an appeal is not the appropriate course where there are errors in judgments which can be corrected by the court which conducted the trial. To leave such matters to an appeal means further delay, uncertainty and costs, which is not in the interests of litigants. The trial judge is in a strong position to consider the effect of the error in the context of the entire case.’ and ‘I do not wish to say anything against the usefulness of the reconsideration jurisdiction, within its proper limits. I have made use of it myself. . . There are of course cases where an error of fact or law may be too clear for argument. The best test of that is perhaps – but not necessarily – where the judge himself identifies the error which concerns him. In such a case, it is better that the error is corrected without imposing on the parties the need for an appeal.’

Judges:

Arden J

Citations:

Gazette 07-Sep-2000, Times 12-Sep-2000

Jurisdiction:

England and Wales

Citing:

See also – Spice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
See also – Spice Girls Ltd v Aprilla World Service BV ChD 5-Apr-2000
It was possible through conduct to make representations which could induce the other party to enter into a contract. Here the contract was entered into at a time when one of the group had decided to leave, but in the period before the contract had . .

Cited by:

Appeal from – Spice Girls Limited v Aprilia World Service Bv CA 24-Jan-2002
When considering the statutory right to rescind for innocent misrepresentation, the representation should be interpreted to bear the meaning in which it would reasonably be understood by the claimant, the natural and ordinary meaning which would be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.89455

Downes Manor Properties Ltd v Bank of Namibia and An: CA 18 Mar 1999

The choice of a lawyer outside the UK to provide services as part of litigation did not excuse the failure to comply with an unless order made by the court. Such orders are intended to be punitive. The use of lawyers outside the UK was not extenuating.

Citations:

Times 18-Mar-1999

Jurisdiction:

England and Wales

Cited by:

Cited – Reyes v Al-Malki and Another SC 18-Oct-2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.80110

Congentra Ag v Sixteen Thirteen Marine Sa (‘the Nicholas M’): ComC 15 Jul 2008

Applications for dismissal of interim freezing order and for continuance. Order not set aside. The claim was for a freezing order to support a claim for recovery of damage to goods being transported. The court now considered an allegation that the order had been made on the basis of a misrepresentation of a telephone call. It had been said that threats had been made, but a recording had shown this to be untrue.

Judges:

Flaux J

Citations:

[2008] EWHC 1615 (Comm), [2008] 2 CLC 51, [2008] 2 Lloyd’s Rep 602, [2009] 1 All ER (Comm) 479

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Crawford v Jenkins CA 24-Jul-2014
The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were . .
Cited – Ahuja v Politika Novine I Magazini Doo and Others QBD 23-Nov-2015
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 13 September 2022; Ref: scu.270815

Olafsson v Gissurarson: QBD 8 Dec 2006

Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in Iceland.
Held: The appeal was allowed. Rule 3.10 could not be used to validate retrospectively the service of the claim form and therefore judgment in default was set aside.

Judges:

Justice Mackay

Citations:

Times 22-Dec-2006, [2006] EWHC 3162 (QB), [2007] 2 All ER 88

Links:

Bailii

Statutes:

Civil Procedure Rules 3.10 6.9

Jurisdiction:

England and Wales

Cited by:

See Also – Olafsson v Gissurarson (No 2) CA 3-Mar-2008
The defendant appealed against an order that service of the claim form could be dispensed with.
Sir Anthony Clarke MR said: ‘the whole purpose of service is to inform the defendant of the contents of the claim form and the nature of the . .
See Also – Olafsson v Gissurarson (No 2) QBD 20-Dec-2006
. .
See Also – Olafsson v Foreign and Commonwealth Office QBD 22-Oct-2009
The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred.
Held: The Claimant had not acted unreasonably . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.247703

Commissioner of Police of The Metropolis and Another v Times Newspapers Ltd and Another: QBD 18 Apr 2011

The defendant had been sued in defamation, and now sought release of police records as to the claimant.

Judges:

Tugendhat J

Citations:

[2011] EWHC 776 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Beghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
See Also – Commissioner of Police of The Metropolis and Another v Times Newspapers Ltd and Another QBD 24-Oct-2011
The claimant accused the defendant newspaper and journalist of breach of confidence, conversion and Data Protection breach. They said that he had received and published extracts from a confidential internal document leaked to him. . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 07 September 2022; Ref: scu.432864

CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011

Petro sought to enforce an arbitration award in its favour under a bunker contract. CMA obtained a stay on enforcement. It then offered to release the stay but on terms unacceptable to Petro.

Judges:

Laws, Jackson, Tomlinson LJJ

Citations:

[2011] EWCA Civ 461

Links:

Bailii

Statutes:

Arbitration Act 1996 44

Jurisdiction:

England and Wales

Citing:

Cited – Totsa Total Oil Trading Sa v Bharat Petroleum Corp Ltd ComC 14-Jan-2005
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration

Updated: 06 September 2022; Ref: scu.432835

JSC BTA Bank v Solodchenko and Others: ChD 5 Apr 2011

The court was asked whether the seventeenth defendant, Mr Anatoly Ereshchenko, should be ordered to attend for cross-examination in respect of his purported compliance with a disclosure order made against him.

Judges:

Henderson J

Citations:

[2011] EWHC 843 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Contempt of Court

Updated: 06 September 2022; Ref: scu.431757

Darby v Meehan and Another: ChD 25 Nov 1998

A motion to enforce a Tomlin settlement was not itself a court proceeding and a court had no power to award interest on late payments when this could have been included in the settlement if seen to be appropriate. Notice of motion was not a proceeding.

Citations:

Times 25-Nov-1998

Jurisdiction:

England and Wales

Litigation Practice

Updated: 06 September 2022; Ref: scu.79803

Cosgrove and Another v Pattison and Another: ChD 13 Feb 2001

The court set down a non-exhaustive list of factors to be considered where one party wanted to bring in its own expert after the court had ordered a single joint expert. These were: the number of dispute were the expert’s evidence was expected to be relevant, the reasons asserted for needing the additional expert, the amount at stake, the likely effect on the trial, including any delay, any other special features, and the overall justice to the parties.

Citations:

Times 13-Feb-2001

Jurisdiction:

England and Wales

Litigation Practice

Updated: 06 September 2022; Ref: scu.79519

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the jurisdiction. Floyd LJ so ordered. The court was now asked to address the principles by reference to which the Court of Appeal should determine such an application; and in particular to identify the principles by reference to which it should appraise a respondent’s contention that an appellant’s financial relationship with a wealthy third party is such as to defeat its complaint that such a condition would stifle its appeal.
Held: The appeal succeeded (Lords Clarke of Stone-cum-Ebony and Carnwath dissenting as to the effect) and the case remitted to the Court of Appeal to determine the appellant’s application for discharge of the condition by reference to the correct criterion.
Under Article 6 there will seldom be a ‘fair hearing’ if a court has permitted an appeal but then, by indirect means, does not permit him to bring it. It is for the appellant to establish on the balance of probabilities that a proposed condition would stifle the prosecution of its appeal. The courts can proceed on the basis that, were it to be established that the condition would probably stifle the appeal, the condition should not be imposed.

Judges:

Lord Neuberger, President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Hodge

Citations:

[2017] UKSC 57, [2017] WLR(D) 560, [2017] 1 WLR 3014, UKSC 2016/0039

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC 20170427 am video

Statutes:

Civil Procedure Rules 52.9(1)(c), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

At ChD – Goldtrail Travel Ltd v Aydin and Others ChD 22-May-2014
Claim by company liquidators against former directors alleging misappropriation of company assets, and dishonest assistance. . .
At CA – Goldtrail Travel Ltd v Aydin and Others CA 21-Jan-2016
Application for stay of execution of judgment pending appeal . .
Cited – Delcourt v Belgium ECHR 17-Jan-1970
The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention . .
Cited – M V Yorke Motors v Edwards HL 1982
A sale of a second hand Rolls Royce had gone wrong. The plaintiff was claiming damages of 23,250 pounds. The plaintiff sought Order 14 summary judgment. That was refused, and the Master gave leave to defend without any conditions. The plaintiff . .
Cited – Prest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
Criticised in part – Hammond Suddard, Solicitors v Agrichem International Holdings Limited CA 18-Dec-2001
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the . .
Cited – Societe Generale SA v Saad Trading, Contracting and Financial Services Company and Another CA 23-May-2012
The Court was asked to determine applications by Societe Generale SA, which was the respondent to appeals which the two appellants had been permitted to bring against orders made against each of them for payment to the bank of US$49m. The first . .
Cited – Norris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Cited – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Human Rights

Updated: 04 September 2022; Ref: scu.591358

Servaas Inc v Rafidain Bank and Others: ChD 14 Dec 2010

Application for third party debt order.

Judges:

Arnold J

Citations:

[2010] EWHC 3287 (Ch)

Links:

Bailii

Statutes:

State Immunity Act 1978 13(4)

Jurisdiction:

England and Wales

Cited by:

See Also – Servaas Incorporated v Rafidain Bank and Others ComC 14-Dec-2010
The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The . .
At Administrative Court – SerVaas Incorporated v Rafidian Bank and Others SC 17-Aug-2012
The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International, Commercial

Updated: 31 August 2022; Ref: scu.427407

United States of America v Nolan: CA 24 Nov 2010

Judges:

Laws, Hooper, Rimer LJJ

Citations:

[2010] EWCA Civ 1416

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
See Also – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .

Cited by:

At CA – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.

Employment, European, Litigation Practice

Updated: 29 August 2022; Ref: scu.427206

Revenue and Customs v Blue Sphere Global Ltd: CA 16 Dec 2010

The respondent having successfully defended the claim by the Revenue, now sought its costs on an indemnity basis having made a Part 36 offer. The Revenue responded that Part 36 did not apply to such claims.

Judges:

Carnwath , Moses LJJ

Citations:

[2010] EWCA Civ 1448, [2011] STC 547, [2011] BVC 30, [2011] STI 129

Links:

Bailii

Statutes:

Civil Procedure Rules

Jurisdiction:

England and Wales

Litigation Practice, Civil Procedure Rules

Updated: 29 August 2022; Ref: scu.427213

Fanmailuk.Com Ltd and Another v Cooper and Others: ChD 21 Oct 2010

A claimant sought an order for disclosure of documents by a third party bank, SCB. The company wished to allege that former directors had misappropriated a business opportunity for their own private purposes.

Judges:

Morgan J

Citations:

[2010] EWHC 2647 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Company, Torts – Other

Updated: 25 August 2022; Ref: scu.425383

T v T: FD 6 Oct 2010

The court heard an application for the discharge of an asset freezing order made in the course of ancillary relief proceedings.
Held: H should have acceded to the open offer made by W for the value to be reduced. His applications failed and the order was varied as offered by W with costs accordingly.

Judges:

Sir Nicholas Wall P

Citations:

[2010] EWHC 2392 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family, Litigation Practice

Updated: 25 August 2022; Ref: scu.424947

Reed v Dabee: PC 9 May 1857

Supreme Court of Calcutta – In circumstances showing conflicting and opposite decisions by the Sudder Court upon the same question at issue, between the same parties, an appeal treated under the Statute, 8th and 9th Vict, c. 30, sec 2, as abandoned for non-prosecution, was restored upon terms of paying costs and undertaking to lodge cases forthwith, and to lodge security or a Bond in England, to the amount of andpound;500.
Where an appeal has been treated as abandoned by Statute, 8th and 9th Vict., c. 80, sec. 2, their Lordships have no power to grant leave to institute a new appeal: only a discretion to allow the original appeal to be restored.

Citations:

[1857] UKPC 16

Links:

Bailii

Jurisdiction:

Commonwealth

Litigation Practice

Updated: 24 August 2022; Ref: scu.424525

Gadget Shop Ltd v Bug Com Ltd and Others: ChD 28 Jun 2000

Material failures by the claimants to comply with the protocols on search and seizure orders led to the order being set aside. The claimant had not disclosed the possible execution on a female defendant’s home, and the solicitor accompanying the exercise was an assistant solicitor not a partner, the supervising solicitors did not have recent experience of such procedures, and not all material had been disclosed.

Citations:

Times 28-Jun-2000, Gazette 06-Jul-2000

Jurisdiction:

England and Wales

Litigation Practice

Updated: 24 August 2022; Ref: scu.80724

Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them.
Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though a reputable firm of accountants had valued the assets at the price which was to be paid, and that therefore there was no transfer at an udervalue. It should not be used to interfere in normal business acts. The court made an order granting the injunction, subject to an undertaking for costs, and allowing the defendant to bring evidence as to the proper values of the assets to be transferred.

Judges:

Neuberger J

Citations:

Times 01-Apr-1999, Gazette 24-Mar-1999, [1999] EWHC 833 (Ch), [2000] CP Rep 19, [1999] 3 All ER 268, [1999] 1 WLR 1139

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – Commissioners of Customs and Excise v Anchor Foods Limited Admn 26-Jun-1998
The court heard an appeal by the Commissioners from the VAT Duties Tribunal that ‘Spreadable butter’ and ‘Ammix butter’ from New Zealand made and imported by the respondent are ‘manufactured directly from milk or cream’, and are not ‘recombined . .

Cited by:

See also – Commissioners of Customs and Excise v Anchor Foods Ltd (No 3) ChD 8-Jul-1999
The Civil Procedure Rules have not changed the common law rules which say that an interlocutory order for costs could not be varied by another judge sitting at first instance, except only in exceptional circumstances where it appeared for example . .
See also – Customs and Excise v Anchor Foods Ltd (No.4) ChD 18-Oct-1999
. .
See Also – Commissioners of Customs and Excise v Broomco (1984) Ltd (Formerly Anchor Foods Ltd) CA 17-Aug-2000
When an appeal is lodged in a VAT dispute, the discretion as to whether to require the appellant to lodge security for costs in the appeal, was a decision exclusively to be decided by the tribunal itself. A decision as to such security could not be . .
Cited – Shepherd Construction Ltd v Berners (BVI) Ltd and Another TCC 25-Mar-2010
The defendants sought a release from an asset freezing order, saying that there was no good reason to anticipate any dissipation of assets. An action between the parties had been settled on terms, but the defendant had not met payments. The . .
Cited – The Financial Services Authority v Sinaloa Gold Plc and Others SC 27-Feb-2013
The FSA sought injunctions to restrain the activities of the first defendants, including asset freezing orders under section 380 of the 2000 Act. The defendant’s bankers objected that they would be prejudiced by the restrictions without the FSA . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 24 August 2022; Ref: scu.79365

Parker v Schuller: CA 1901

The plaintiffs had obtained leave to serve a writ out of the jurisdiction under Order 11, r 1(e) of the RSC on the ground that the claim was for breach of a contract within the jurisdiction. The breach alleged was of a CIF contract, and the allegation was that the contract was broken by reason of a failure to deliver in Liverpool the goods that were the subject of the contract. Leave was given ex parte and upheld inter partes. The plaintiffs now conceded that the way that their claim had been advanced had been misconceived in that a CIF contract involves an obligation to deliver documents, not the goods to which the documents relate. The plaintiffs tried to persuade the Court to uphold the leave given to serve out on the basis of substituting for the original claim a claim for failure to deliver the relevant documents in Liverpool.
Held: Permission was refused. A L Smith MR said: ‘It was not until the case came into this Court that the plaintiff set up another cause of action. That could not be allowed.’
Collins LJ said: ‘an application for leave to issue a writ for service out of the jurisdiction ought to be made with great care and looked at strictly. If a material representation upon which the leave was obtained in the first instance turned out to be unfounded, the plaintiff ought not to be allowed . . to set up another and a distinct cause of action which was not before the Judge upon the original application. It was clear from the affidavit that the only case made on the original application was that the defendants were bound to deliver the goods in this country, and that there was a breach of that contract here, and upon that representation alone leave was originally granted to issue the writ and serve notice thereof abroad.’
Romer LJ said: ‘an application for leave to issue a writ for service out of the jurisdiction ought to be made with great care and looked at strictly. If a material representation upon which the leave was obtained in the first instance turned out to be unfounded, the plaintiff ought not to be allowed, when an application was made by the defendant to discharge the order for the issue of the writ and the service, to set up another and a distinct cause of action which was not before the judge upon the original application.’

Judges:

A L Smith MR, Collins, Romer LJJ

Citations:

(1901) 17 TLR 299

Jurisdiction:

England and Wales

Cited by:

To be confined to its facts – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Applied – Re Jogia (A Bankrupt) 1988
Application was made for leave to serve proceedings out of the jurisdiction in a claim for money had and received in connection with payments made to the defendant after a receiving order.
Held: A plaintiff who has been given permission to . .
Cited – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc CA 1990
There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York.
Held: Slade LJ said: ‘The judge’s approach to . .
Cited – AB v CD QBD 3-Jan-2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 21 August 2022; Ref: scu.441563

A T and T Istel Ltd and Another v Tully and Others: CA 15 Jan 1992

An order that the results of disclosure were not to be used in criminal proceedings was enough to protect the defendant. The privilege against self incrimination could be over-ridden in this way, even if that privilege should be lightly set aside.

Judges:

Lord Donaldson MR and Neill LJ

Citations:

Gazette 15-Jan-1992, [1992] 2 WLR 112, [1992] 2 All ER 28, [1992] 1 QB 315

Jurisdiction:

England and Wales

Cited by:

Appeal from – A T and T Istel Ltd v Tully HL 9-Sep-1992
The second plaintff had agreed to supply computer systems to a health authority. New owners of the company discovered allegations that the contract had been operated fraudulently. An order had been obtained for production of documents, but the order . .
Cited – Gray v News Group Newspapers Ltd and Another; Coogan v Same ChD 25-Feb-2011
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 20 August 2022; Ref: scu.77584

Re Seaford Dec’d: CA 1968

A decree of divorce was made absolute by the court on the same day as, but some hours later than, the husband respondent had died. The court considered the general rule that a judicial act takes effect at the start of the day on which it is made.
Held: The rule did not apply in family proceedings. Willmer LJ said that the rule could not be relied upon so as to confer upon the Court a jurisdiction which it did not have at the time when the order was made. The marriage having been determined by the husband’s death, the Court had no power to dissolve it when the order was made.
Davies LJ rejected the submission that the order took effect at te beginning of the day and said that this legal fiction had no relevance when there was evidence as to the real facts.

Judges:

Willmer LJ, Davies LJ

Citations:

[1968] P 53

Jurisdiction:

England and Wales

Cited by:

Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice, Wills and Probate

Updated: 20 August 2022; Ref: scu.267521

Varsani v Relfo Ltd: CA 27 May 2010

The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had served notice of the proceedings at premises owned by the defendant in England. He was a British citizen with a British Passport, and had, in proceedings in Singapore, described the English address as his home.
Held: The appeal failed. Whether a defendant’s use of a property characterises it as his or her ‘residence’, that is to say the defendant can fairly be described as residing there, is a question of fact and degree. Given the circumstances her, including also that the defendant’s family lived in the house, and that his visits were to the extent allowed by his work in Kenya, the judge was entitled to find it an ordinary residence of the defendant.

Judges:

Etherton LJ

Citations:

[2010] EWCA Civ 560

Links:

Bailii

Statutes:

Civil Procedure Rules 6.9

Jurisdiction:

England and Wales

Citing:

Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Mentioned – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Cited – Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd PC 11-Oct-2006
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
Held: The English . .
Cited – OJSC Oil Company Yugraneft v Abramovich and others ComC 29-Oct-2008
The claimants sought damages alleging a massive fraud by the defendants. The court considered whether the parties could receive a fair trial of the action in Russia.
Held: They could. Christopher Clarke J said: ‘Firstly, this case is in no way . .
Cited – Cherney v Deripaska ComC 3-Jul-2008
Renewed application for leave to serve proceedings out of jurisdiction. The court considered a submission that a fair trial would not be possible in Russia: ‘An English court will approach with considerable circumspection any contention that a . .
Cited – Levene v Inland Revenue Commissioners HL 1928
Until 1919 Mr. Levene had been both resident and ordinarily resident in the UK. Then, for five years he spent about five months (mainly in the summer) each year, staying in hotels in the UK and receiving medical attention or pursuing religious and . .

Cited by:

Cited – Grimason v Cates QBD 26-Jul-2013
The claimant tenant appealed against frfeiture of her leas saying that she had not received any notices. The parties disputed whether the addresss was the usual or last known address, and also that the forfeiture gave the landlord an unjust . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 August 2022; Ref: scu.416107

Collins v Godefroy: KBD 1831

An attorney, who has attended on subpoena as a witness in a civil suit, cannot maintain an action against the party who subpoenaed him, for compensation for loss of time.

Judges:

Lord Tenterden CJ

Citations:

[1831] EWHC KB J18, [1831] 109 ER 1040, (1831) 1 B and Ad 950

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Costs

Updated: 16 August 2022; Ref: scu.264572

Filmlab Systems International Ltd and Another v Pennington and Others: ChD 9 Jul 1993

In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a party’s advisers might feel they could no longer act, so that the party could in effect be deprived of the advisers of his choice.

Judges:

Aldous J

Citations:

Times 09-Jul-1993, [1994] 4 All ER Ch D 673

Jurisdiction:

England and Wales

Cited by:

Cited – White v White (Deceased) CA 20-Jan-2003
An appeal was made against an order refusing an award of costs against solicitors for the opposing party.
Held: The judge’s order saying that an aplication should have been forewarned earlier was made within his discretion, and was . .
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs, Legal Professions

Updated: 16 August 2022; Ref: scu.80522

Morris v Banque Arab et Internationale d’Investissement: ChD 2000

The parties had exchanged lists of documents but one side objected to inspection of a number of them on the ground that it would put them in breach of French law.
Held: There was discretion to be exercised. Neuberger J ordered inspection bearing in mind the relevance of the documents and very small risk of prosecution.

Judges:

Neuberger J

Citations:

[2000] CP Rep 65

Jurisdiction:

England and Wales

Cited by:

See Also – Morris v Banque Arab et Internationale D’Investissment SA (No 2) ChD 26-Oct-2000
For an order to be made under the section, and a contribution to the shortfall on insolvency made, it was necessary to show that the person against whom the order was sought had in some way participated in the fraudulent activity. It was not . .
Cited – Property Alliance Group Ltd v The Royal Bank of Scotland Plc ChD 19-Feb-2015
The claimant said that interest rate manipulation by the defendant bank had caused it losses in interest rate derivatives and SWAP agreements. In the course of that the claimants sought disclosure of internal documents. The defendants resisted . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 16 August 2022; Ref: scu.543479

Companies Court (Skeleton Arguments: Time Limits): ChD 25 Jun 1999

Parties to matters before the Companies Court of the Chancery Division are consistently failing to lodge skeleton arguments within the time limits set down. The judge hearing the case is prescribe what sanction is to be applied to the parties in the case as to costs adjournment or otherwise.

Citations:

Times 25-Jun-1999

Jurisdiction:

England and Wales

Litigation Practice

Updated: 16 August 2022; Ref: scu.79431

Linsen International Ltd and Others v Humpuss Sea Transport Pte Ltd and Another: ComC 19 Feb 2010

The net book value of a company’s assets is not the appropriate figure for the court to consider when considering whether or not there are assets sufficient to meet a potential claim.

Judges:

Christopher Clarke J

Citations:

[2010] EWHC 303 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Shepherd Construction Ltd v Berners (BVI) Ltd and Another TCC 25-Mar-2010
The defendants sought a release from an asset freezing order, saying that there was no good reason to anticipate any dissipation of assets. An action between the parties had been settled on terms, but the defendant had not met payments. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 14 August 2022; Ref: scu.401906

Blue Sky One Ltd and Others v Blue Airways Llc and Others: ComC 1 Feb 2010

The court gave reasons for holding one defendant in contempt, and debarring them from taking part, having failed to comply with a grounding order for one of the aircraft at issue.

Judges:

Beatson J

Citations:

[2010] EWHC 128 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Contract, Contempt of Court

Updated: 13 August 2022; Ref: scu.396472

Beecham Group Plc and Another v Norton Healthcare Ltd and Others: ChD 11 Oct 1996

A patent claim could be amended to add a claim for an action for breach of confidence by the defendant. The claim was rightly amended after service abroad to add more heads; UK was the forum conveniens in this action.

Citations:

Times 11-Oct-1996, Gazette 06-Nov-1996

Jurisdiction:

England and Wales

Cited by:

Appeal from – Norton Healthcare Limited v Beecham Group Plc CA 19-Jun-1997
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice

Updated: 09 August 2022; Ref: scu.78314

Walpole v Partridge and Wilson (A Firm): CA 8 Jul 1993

The plaintiff, who had been convicted before the magistrates, sued the solicitors who had acted for him in connection with a proposed appeal to the Crown Court for failure to lodge such an appeal. The solicitors applied to strike out the action, citing Hunter.
Held: It was not an abuse of process to allege negligence against solicitors for not arguing a point. The collateral attack rules were explained and an exception provided for. Ralph Gibson LJ: ‘to permit a claim to be pursued for causing a plaintiff to lose the power to exercise a right of appeal is not to permit relitigation of the same issue ‘

Judges:

Ralph Gibson LJ

Citations:

Independent 23-Sep-1993, Times 08-Jul-1993, [1994] QB 106

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 August 2022; Ref: scu.90265

Re Bank of Credit and Commerce International Sa: ChD 3 Jan 1994

Cross examination on an affidavit requested despite there being no extraneous evidence.

Citations:

Ind Summary 03-Jan-1994

Jurisdiction:

England and Wales

Cited by:

Cited – In Re Bellmex International Ltd ChD 23-Mar-2000
The liquidator of a company in a creditors voluntary liquidation, and which had been importing cigarettes received a proof of debt from a company in Zimbabwe. The liquidator suspected that the proof relied upon a false declaration in denying that . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 August 2022; Ref: scu.85727

Goose v Wilson Sandford and Co (A Firm) and Another: ChD 10 May 1994

A court can turn down, and refuse to hear or accept claims, which were similar to a previous, statute barred, deceit claim.

Citations:

Times 10-May-1994

Statutes:

Limitation Act 1980 2

Jurisdiction:

England and Wales

Cited by:

Appeal from – Goose v Wilson Sandford and Co and Mainon CA 13-Feb-1998
A judge was properly criticised for failing to write up a judgment when the witness’ evidence was still fresh in his mind. A two year delay required a re-trial.
Peter Gibson LJ explained the potential effect of delay on the formulation and . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 August 2022; Ref: scu.80929

Ezekiel v Orakpo: ChD 4 Nov 1994

The claimant had obtained a charging order to secure a judgment debt, but took no steps to enforce it for more than twelve years. The chargee denied that it could any longer be enforced, and also that the order carried interest when interest had not been mentioned.
Held: A charging order impliedly includes a charge to secure the costs and also interest for the six years up to the start of the action. Carnwath J said: ‘So far as concerns the costs of enforcing the security, it is well established that:-
‘A mortgagee is allowed to re-imburse himself out of the mortgaged property for all costs charges and expenses reasonably and properly incurred in enforcing or preserving his security…’ although that principle is based on an implied term in the mortgage contract (see Gomba Holdings v Minories Finance 1993 CH 171 at p 184) the same principle is in my view applicable (by virtue of section 3(4) of the 1979 Act) to a Charging Order.’

Judges:

Carnwath J

Citations:

Independent 23-Nov-1994, Times 08-Nov-1994

Statutes:

Charging Orders Act 1979 3(5)

Jurisdiction:

England and Wales

Citing:

See Also – Ezekiel v Orakpo CA 1977
A lease had been forfeited for non payment of rent. The lessor then took proceedings for possession. The tenant claimed that the action was invalid because a receiving order had been made against him in the meantime.
Held: The Court rejected . .

Cited by:

Appeal from – Ezekiel v Orakpo CA 16-Sep-1996
A charging order was made in 1982 to secure pounds 20,000 under a judgment given in 1979. The judgment creditor did not seek to enforce the charging order until almost 12 years had elapsed since the making of the charging order. An order for . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 August 2022; Ref: scu.80433

Ex Parte Applications and Consent Orders: Practice Direction No 1 /1993: ChD 24 Mar 1993

Ex parte applications will in future only be dealt with by the masters (except in emergency) who have had the case allocated to them. If the master is not available on the day, it should be adjourned if possible to the day he is next available. Consent order minutes should be left in Room TM709 and not with the master.

Citations:

Gazette 24-Mar-1993

Jurisdiction:

England and Wales

Litigation Practice

Updated: 06 August 2022; Ref: scu.80413

Rahmatullah (No 2) v Ministry of Defence and Another: SC 17 Jan 2017

‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and Afghanistan.’

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes

Citations:

[2017] UKSC 1, [2017] 3 All ER 179, [2017] WLR(D) 49, [2017] AC 649, [2017] 2 WLR 287, UKSC 2015/0002

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary

Statutes:

Crown Proceedings Act 1947 2(1), Human Rights Act 1998 Sch 1, Pt I, art 6

Jurisdiction:

England and Wales

Citing:

Appeal from – Mohammed and Others v Secretary of State for Defence CA 30-Jul-2015
Appeal arising from the determination of preliminary issues in relation to claims arising out of the detention of the claimant by Her Majesty’s armed forces in 2010 in Afghanistan. They were acting as part of the International Security Assistance . .
See Also – Al-Waheed v Ministry of Defence SC 17-Jan-2017
‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. . .

Cited by:

Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Cited – Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate SC 24-Sep-2019
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 05 August 2022; Ref: scu.573214

Perpetual Trustee Company Ltd v BNY Corporate Trustee Services Ltd and Another: ChD 17 Nov 2009

Judges:

Henderson J

Citations:

[2009] EWHC 2953 (Ch), [2010] BPIR 228, [2010] 2 BCLC 237

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Perpetual Trustee Company Ltd and Another v BNY Corporate Trustee Services Ltd and Others CA 6-Nov-2009
The court considered the extent of the so-called anti-deprivation rule which would avoid a contract designed to deprive creditors of an asset on the insolvency of a party to the contract. The claimant appealed a finding that the rule did not apply . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 August 2022; Ref: scu.380334

Arab Monetary Fund v Hashim and Others (No 4): CA 9 Sep 1992

A Court had jurisdiction to order the consolidation of actions even before their respective writs had been served. It became a ‘pending’ action under the Order on issue of the originating process.

Citations:

Gazette 09-Sep-1992, [1992] 1 WLR 1176

Statutes:

Rules of the Supreme Court Ord 4 r9(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Arab Monetary Fund v Nahiralulloom and Others ChD 8-Jul-1992
A ‘Pending’ action for consolidation purposes includes a writ not yet served. . .
Distinguished – Dresser UK v Falcongate Freight Management Ltd; The Duke of Yare CA 1992
In England the court was first seised of a matter at the point when the proceedings were served, not when they were issued. Article 21 was metaphorically described as a ‘tie-break rule’ which operates on the basis of strict chronological . .

Cited by:

Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 August 2022; Ref: scu.77848

Re Boks and Co v Peters, Rushton and Co Ltd: CA 1919

The alternative procedure for seeking enforcement of an arbitrator’s award is by an action upon the award. The procedure is to be used only in ‘reasonably clear cases’.

Judges:

Scrutton LJ

Citations:

[1919] 1 KB 491

Jurisdiction:

England and Wales

Cited by:

Cited – Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica) PC 14-Jun-2004
(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect.
Held: The amended award following remittal was . .
Cited – National Ability Sa v Tinna Oils and Chemicals Ltd CA 11-Dec-2009
Implied promise to pay arbitral award
The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time.
Held: A party can enforce an award either by ordinary . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 05 August 2022; Ref: scu.198416

Sampla and Others v Rushmoor Borough Council and Another: TCC 22 Oct 2008

The rejection of a Part 36 offer does not render it incapable of later acceptance.

Judges:

Coulson J

Citations:

[2008] EWHC 2616 (TCC)

Links:

Bailii

Statutes:

Civil procedure Rules Part 36

Jurisdiction:

England and Wales

Cited by:

Cited – Gibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another CA 25-Jun-2010
A payment in had been made, and a counter offer made by the claimant. The original offer was increased but rejected. The counter-offer was not withdrawn, and was then accepted by the defendant. On receipt of the acceptance, the claimant purported to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 August 2022; Ref: scu.376270

NATL Amusements (UK) Ltd and Others v White City (Shepherds Bush) Ltd Partnership and Another: TCC 16 Oct 2009

Application for transfer of claim from QBD to TCC. Akenhead J considered an application to transfer a claim from the Chancery Division to the Technology and Construction Court. After reviewing the authorities, he said: ‘It is probably unnecessary to enter into a debate as to precisely what the pre-CPR test was for the transfer of proceedings to another division. The test was undoubtedly appropriateness or inappropriateness. All things being equal, as in the Pantheon case, the action would stay where it was. If on balance it was more appropriate that another division or specialist court within another division should deal with the case, it would not be a wrongful exercise of discretion to transfer it. The wording of RSC Ord 4, r 3 undoubtedly gave the court a discretion and it would be difficult to say that that was a wrongful exercise of discretion.
When one comes to the CPR, one needs always to bear in mind the overriding objective. Indeed, the court must give effect to the overriding objective in interpreting any rule: CPR r 1.2. That objective is the just dealing with cases. That involves amongst other things dealing with cases in proportionate ways bearing in mind amongst other things the complexity of the issues and the importance of the case, expedition and fairness. One of the objectives of the drafters of the CPR was to give the courts a greater flexibility than they had previously had.’ and ‘In my view, the court is entitled to have regard to the relative appropriateness of the different divisions or specialist courts within them in considering whether the transfer should be made. Thus, given the increasing familiarity with and even greater competence of judges within the different divisions to deal with matters outside the traditional expertise of judges within their allotted divisions, the judge considering the transfer application should have regard to what is the more or most appropriate court to try the particular case. The judge considering the application must consider on the basis of the pleadings and other information put before the court upon what issues the bulk of the time, cost and resources involved in trying the case (and certainly the issues to be dealt with first) will be directed towards. Put another way, the court needs to ascertain if possible where and within what areas of judicial expertise and experience the bulk or preponderance of the issues lies. If there is little or only insignificant difference between the two venues, the discretion will generally be exercised in favour of the status quo to reflect the fact that a claimant is entitled to issue proceedings in whatever division it thinks fit and that either court is sufficiently experienced in addressing the issues. I would add that where it is clear that significantly greater expedition will be achieved in one court rather than another, that would be a material factor to be taken into account; expedition is a factor recognised within the overriding objective.
In essence, in my judgment, the court should take a pragmatic approach to determine the most appropriate venue, taking into account the experience and expertise generally of judges therein, at any time and cost saving to be achieved in one venue rather than the other. It is not the case that the party seeking transfer must establish that it would be inappropriate for the case to remain in the division in which it was issued. However, if it were to establish that factor, that would be a very strong ground in favour of transfer.’

Judges:

Akenhead J

Citations:

[2009] EWHC 2524 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Appleby Global Group Llc v British Broadcasting Corporation and Another ChD 26-Jan-2018
Claim by international firm of lawyers for breach of confidence against publishers who had received and published that information. The court now considered which division of the High Court should hear the claim.
Held: Rose J considered the . .
Cited – Mezvinsky and Another v Associated Newspapers Ltd ChD 25-May-2018
Choice of Division and Business Lists
Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 August 2022; Ref: scu.376269