Tag: Litigation Practice

Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd and others: CA 9 Mar 2007

The defendants had declined to produce documents saying that they had been obtained under conditions of confidence from the Financial Services Authority. The claimants said that the documents were not protected since the defendant already had the documents required independently of the FSA.
Held: The defendant’s appeal failed. They could not claim protection from disclosure of information returned to them by the FSA. The information had not been ‘obtained’ from the FSA.

Judges:

Tuckey LJ, Arden LJ, Lawrence Collins LJ

Citations:

[2007] EWCA Civ 197, Times 06-Apr-2007

Links:

Bailii

Statutes:

Financial Services and Markets Act 2000

Jurisdiction:

England and Wales

Citing:

Appeal from – Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd and others ChD 15-Dec-2006
The defendant company resisted disclosure of documents saying that they had been supplied by the Financial Services Authority in confidence, and that to disclose them would be an offence.
Held: The information had already in principle been . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Litigation Practice, Information

Updated: 10 July 2022; Ref: scu.249958

Target Holdings Ltd v Redfern (A Firm) and Another (No 2): ChD 28 Oct 1998

After a subsequent order of appellate court which changed the basis in law of an earlier interim decision in the case it would be right to allow leave to appeal out of time. Interim orders are made to allow court to try the real issues between the parties.

Citations:

Gazette 28-Oct-1998

Jurisdiction:

England and Wales

Litigation Practice

Updated: 10 July 2022; Ref: scu.89713

Panayiotou and Others v Sony Music Entertainment (UK) Ltd: ChD 21 Jul 1993

The rules do not limit the inherent jurisdiction of the court to make requests to foreign courts to ensure the production of documents from abroad. There is no logical reason why the principles by reference to which the court determines whether, and if so to what extent, to require a person who is not a party to the proceedings to produce documents or to give oral evidence should differ according to whether he is in England and Wales or abroad. The principles determinative of an application for an order for the issue of a letter of request in respect of documents or of oral evidence (‘an outgoing request’) were the same as those determinative of an application for an order giving effect to a letter of request received from a foreign court in respect of documents or of oral evidence (‘an incoming request’).

Judges:

Sir Donald Nicholls VC

Citations:

Independent 21-Jul-1993, Gazette 17-Dec-1993, Times 02-Aug-1993, [1994] Ch 142, [1994] 1 All ER 755, [1994] EMLR 229, [1994] 2 WLR 241

Statutes:

Rules of the Supreme Court 39.22

Jurisdiction:

England and Wales

Cited by:

Cited – Charman v Charman CA 20-Dec-2005
The court considered orders to third parties abroad to produce docments for use in ancillary relief proceedings. The husband had built up considerable assets within an offshore discretionary trust. The court was asked whether these were family . .
Cited – Flood v Times Newspapers Ltd and others QBD 5-Mar-2009
The claimant police officer complained of an alleged defamation in an article published by the defendant. The defendant wished to obtain information from the IPCC to show that they were investigating the matter as a credible issue. The court . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 10 July 2022; Ref: scu.80798

Sandisk Corporation v Koninklijke Philips Electronics Nv and others: ChD 27 Feb 2007

The claimant sought damages for an alleged abuse of dominant market position by the defendants in its patent licensing. The defendant denied that the court had jurisdiction.
Held: An English court would have jurisdiction in such a case ony if the originating acts occurred here, of the damages substantially happened here.

Judges:

Pumfrey J

Citations:

[2007] EWHC 332 (Ch), Times 27-Feb-2007

Links:

Bailii

Statutes:

EC Treaty 81 82

Jurisdiction:

England and Wales

Intellectual Property, Litigation Practice, Jurisdiction, European

Updated: 09 July 2022; Ref: scu.249239

Hachette Filipacchi Presse Sa v S Aprotex International (Proprietary) Ltd: ChD 24 Jan 2007

Both parties used the name ‘Elle’ in their respective products, a women’s magazine, and handknitting yarns. They disputed the registration of a trade mark for the latter in the UK.
Held: The court endorsed the continuing applicabiity of the guidelines in Reef when a court was asked to upset a decision of a lower but specialist tribunal.

Judges:

Sir Andrew Morritt C

Citations:

[2007] EWHC 63 (Ch)

Links:

Bailii

Statutes:

Trade Marks (Proof of Use etc) Regulations 2004, Trade Marks Act 1994 5(2) 5(3)

Jurisdiction:

England and Wales

Citing:

Endorsed – Bessant and others v South Cone Incorporated; in re REEF Trade Mark CA 28-May-2002
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was . .

Cited by:

Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Intellectual Property

Updated: 09 July 2022; Ref: scu.248252

Re G, S and M (Wasted Costs): FD 20 Sep 1999

The court discussed the duty of counsel and their instructing solicitors in proceedings under the Children Act 1989 to ensure that expert witnesses are kept up to date with events in the case; and, in particular, that before expert witnesses are called to give oral evidence, they have been sent and have read all relevant documents, particularly those which have emerged since their reports were written.

Judges:

Wall J

Citations:

[1999] EWHC Fam 828, [2000] 1 FLR 52, [1999] 4 All ER 371, [1999] 3 FCR 303, [2000] Fam 104, [2000] 2 WLR 1007, [2000] Fam Law 24

Links:

Bailii

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice, Children

Updated: 09 July 2022; Ref: scu.263378

Dadourian Group International Inc and others v Simms and others: CA 20 Dec 2006

The court considered the exercise by the court of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained from the party against whom the freezing order is made in contempt proceedings against that party.
Held: There was no general principle which required there to exist exceptional circumstances before a party who had come into possession of information as a result of the execution of a world wide freezing order could be released from his undertaking not to use that information for collateral purposes. The court should provide significant protections to a party subjected to cross examination as to his assets for an asset freezing order, but the court should not decline to assist a party requiring permission to use that information for contempt proceedings necessary to protect its own proper interests.

Judges:

Sir Andrew Morritt, Chancellor, Lady Justice Arden and Lord Justice Longmore

Citations:

[2006] EWCA Civ 1745, Times 17-Jan-2007

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Dadourian Group Int Inc v Simms and others (No 1) CA 11-Apr-2006
The court was asked to consider how it should exercise its discretion to order a world-wide asset freezing order.
Held: It dismissed the appeal in this case, but took the opportunity to provide eight guidelines for the way in which the . .
Appeal from – Dadourian Group International Inc and others v Simms and others ChD 24-Nov-2006
The Claimants sought, principally, damages for fraudulent misrepresentation and conspiracy against the first to fourth Defendants and damages for breach of contract against the third and fourth Defendants.
Ownership and control of a company are . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 08 July 2022; Ref: scu.247482

Revitt and others v Director of Public Prosecutions: Admn 17 Jul 2006

Short adjournment.

Judges:

Lord Phillips of Worth Matravers LCJ, Cresswell J

Citations:

[2006] EWHC 2074 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Adjourned from – Revitt, Borg and Barnes v Director of Public Prosecutions Admn 8-Sep-2006
The defendants appealed against refusal of leave to withdraw their pleas of guilty. They argued that the current practice infringed their human rights.
Held: The magistrates had been correct not to allow the defendants to withdraw their pleas. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 08 July 2022; Ref: scu.246749

X and Y v Persons Unknown: QBD 8 Nov 2006

The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to obey it. Associated Newspapers had agreed to an undertaking, but then were served with an injunction in wider terms.
Held: The court considered what might be considered to be public about a couple’s relationship: ‘if someone asks ‘How’s married life treating you?’ and the response is ‘Fine’, that does not mean that the public is entitled to a ring-side seat when stresses and strains emerge (as happens in most relationships from time to time). It is disingenuous to pretend otherwise. Ordinary polite ‘chit chat’ of this kind is qualitatively different from volunteering to release private information for public consumption. ‘ At the same time, some facts about a separation have no privacy, such as that the couple are living apart. The order therefore scheduled the kinds of facts about the couple which were to be respected as private.
As for disclosure: ‘If and in so far as the exigencies of the occasion permit, anyone applying for an injunction must comply with his or her obligation of full and frank disclosure. In cases of this kind, that will generally involve a search of the internet or previous publications relating to the same category of information now sought to be protected. The court will need all the assistance available, for the purpose of deciding ‘likelihood’ of success, and in particular for making a preliminary judgment as to whether ‘the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential’.’ In this case, though the investigation might be criticised the parties should not be refused injunctive relief. A public domain proviso should be added. Attempts should also be made to trace the wrongdoers so that the litigation should not go to sleep leaving a permanent injunction.

Judges:

Eady J

Citations:

[2006] EWHC 2783 (QB), [2007] EMLR 290, [2007] 1 FLR 1567

Links:

Bailii

Statutes:

Human Rigts Act 1998 12

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Newspaper Publishing plc CA 1987
The court explained the common law basis of the law of contempt of court. Lloyd LJ said: ‘Since the test of contempt is not a breach of the order but interference with the administration of justice, it follows that at common law a contempt may be . .
Cited – R (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – Von Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
Cited – Douglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Venables and Thompson v News Group Newspapers and others QBD 8-Jan-2001
Where it was necessary to protect life, an order could be made to protect the privacy of individuals, by disallowing publication of any material which might identify them. Two youths had been convicted of a notorious murder when they were ten, and . .
Cited – Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others ChD 23-May-2003
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed . .
Cited – Halford v The United Kingdom ECHR 25-Jun-1997
halford_ukECHR1997
The interception of the telephone calls of an employee in a private exchange was a breach of her right of privacy. She had a reasonable expectation of privacy. The police force’s surveillances of the applicant’s telephone (to obtain information . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – South Cambridgeshire District Council v Persons Unknown CA 17-Sep-2004
The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site.
Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore . .
Cited – A v B plc and Another QBD 10-Sep-2001
The applicant, a professional footballer, sought an injunction to prevent the defendant newspaper and the woman second defendant from publishing or disclosing details of a sexual relationship between them. He succeeded. There was no public interest . .
Cited – Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others ChD 23-May-2003
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Cited – Jockey Club v Buffham QBD 13-Sep-2002
A court had issued a final order with an injunction against the respondent against revealing matters becoming known to him during his employment by the claimant. The BBC sought a variation to allow it to broadcast material based upon that documents . .
Cited – Redwing Ltd v Redwing Forest Products Ltd 1947
The court was asked as to an alleged breach of an undertaking given by the defendant not to advertise or offer for sale any products as ‘Redwing’ products so as to be liable to lead to the belief that they were the plaintiff’s.
Held: The court . .
Cited – Attorney-General v Greater Manchester Newspapers Ltd QBD 4-Dec-2001
The defendant newspaper had published facts relating to the whereabouts of two youths protected by injunction against the publication of any information likely to lead to their location. The injunction was not ambiguous or unclear. ‘Likely’ did not . .

Cited by:

Cited – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – JIH v News Group Newspapers Ltd QBD 5-Nov-2010
The court was asked as to the circumstances under which the identity of a claimant should be protected in an action where he sought to restrain the publication of private information about him.
Held: Tugendhat J accepted the proposition . .
Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – 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

Updated: 08 July 2022; Ref: scu.245980

Oxford University v Webb: QBD 13 Oct 2006

Action against animal rights protester for protection against alleged threats againt bio-medical research centre.

Judges:

Irwin J

Citations:

[2006] EWHC 2490 (QB)

Links:

Bailii

Statutes:

Civil Procedure Rules 19.6

Jurisdiction:

England and Wales

Cited by:

Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others Admn 8-Oct-2009
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 08 July 2022; Ref: scu.245957

Practice Note (Anonymisation In Asylum and Immigration Cases In the Court of Appeal): CA 31 Jul 2006

From October 2006, the names in cases involving asylum appeals will be anonymised, with a two character code, the country name, and a serial number as necessary. This would accord with practice in other European jurisdictions and would assist if eventually an applicant came to return to his home country.

Citations:

Times 24-Aug-2006, [2006] EWCA Civ 1359

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Immigration

Updated: 08 July 2022; Ref: scu.245404

Nelson and Another v Clearsprings (Management) Ltd: CA 22 Sep 2006

The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the court to exercise its discretion or whether he was entitled as of right after a trial, rather than judgment in default.
Held: Sir Anthony Clarke MR said: ‘The essential question is whether this is a situation to which CPR39(3) applies. So far as we are aware there is no case in which the rule has been held to apply where the defendant has not been served with proceedings in accordance with the CPR and is ignorant of them
. . We do not think that the draftsman of the CPR can have intended to introduce what the editors call the more stringent requirements of rule 39.3(5) into applications to set aside judgments irregularly obtained, in the sense of being obtained without service of the claim form in accordance with the rules. In our judgment, the whole of rule 39.3 contemplates a trial in the absence of a party who has been served under the rules or in respect of whom service has been dispensed with.’ That did not amount to a finding that a party was entitled to have judgment set aside as of right. If the claimant can show that there is no real prospect of his claim failing he should be able to retain his judgment. However a judgment might almost always be set aside in such circumstances. That should happen here.

Judges:

Sir Anthont Clarke MR, Brooke, Waller LJJ

Citations:

[2006] EWCA Civ 1252, Times 05-Oct-2006, [2007] 1 WLR 962, [2007] 2 All ER 407

Links:

Bailii

Statutes:

Civil Procedure Rules 39.3(5)

Jurisdiction:

England and Wales

Citing:

Cited – White v Weston CA 1968
A county court summons was purportedly served on the defendant at a previous address and he did not receive it.
Held: The court treated the case as one in which the defendant had not been duly served with process. Judgment was given against . .
Cited – Akram v Adam CA 30-Nov-2004
The defendant sought to set aside a possession order made where he did not know of the proceedings.
Held: The judge had a discretion, not a duty, to set aside a possession order made in such circumstances. Human rights law required the court . .
Cited – London Borough of Hackney v Driscoll CA 16-Jul-2003
The defendant sought to set aside judgment entered in his absence.
Held: The right of a defendant to have set aside a judgment where he had not known of the proceedings did not necessarily apply where, as here, he had attended one hearing, but . .
Cited – Al-Tubaishi v Aung CA 8-Jun-1994
If solicitors for one party know that the party being served is out of country, then service at his last known address is irregular. The procedure which allows deemed service is to be followed strictly. Stuart-Smith LJ: ‘Whether it is entirely right . .
Cited – Gold Ocean Assurance Ltd v Martin 1990
. .
Cited – Willowgreen Ltd v Smithers CA 16-Feb-1994
Service was insufficient if the papers sent to an address at which defendant was never in fact present. A summons to be served by post had to go to an address where the person has a continuing presence. The case of White v West was applied . .
Cited – Thomas Bishop Ltd v Helmville Ltd CA 1972
The court considered what was to be understood by a judgment which had been regularly obtained. Orr LJ (dissenting): ‘the point of time to be looked at in deciding whether the judgment was regularly obtained is the time when the judgment was given . .
Cited – Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc CA 14-May-2003
In each case claims had been late in being served and extensions in time were sought and refused.
Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to . .
Cited – Regency Rolls Ltd and Another v Carnall CA 16-Oct-2000
The court considered what was meant by ‘act promptly’ in the Rule.
Held: Dictionary definitions were considered by both Arden LJ and Simon Brown LJ – ‘with alacrity’ or ‘all reasonable celerity in the circumstances’. The court no longer has a . .
Cited – Hashtroodi v Hancock CA 27-May-2004
The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the . .
Cited – E D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
Cited – Vinos v Marks and Spencer plc CA 2001
The appellant claimed personal injuries. His solicitors issued a claim form within the limitation period, but only served it after the expiry of the four month period after the date of issue within which CPR 7.5 stipulated that the claim had to be . .

Cited by:

Cited – Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9) CA 17-Dec-2008
The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the . .
See Also – Nelson and Another v Clearsprings (Management) Ltd CA 20-Dec-2006
. .
Cited – Forcelux Ltd v Binnie CA 21-Oct-2009
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr . .
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: 07 July 2022; Ref: scu.245068

Al-Koronky and Another v Time-Life Entertainment Group Ltd and Another: CA 28 Jul 2006

The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in Sudan, now appealed an order that they provide security for costs, seeking to adduce additional evidence of their means.
Held: ‘the court, once satisfied that the case is one in which the claimant ought to put up security for the defendant’s costs before continuing with his action, is going to find itself in one of two situations. Either it will be satisfied that it probably has a full account of the resources available to the claimant, in which case it can calculate with reasonable confidence how much the claimant can afford to put up; or it will not be satisfied that it has a full account, and so cannot make the calculation. Does it follow in the latter situation that the court must go straight to the amount sought by the defendant and, having pruned it of anything which appears excessive or disproportionate, fix that as the security? Or is there a middle way – for example to set an amount which represents the court’s best estimate of what the claimant, despite having been insufficiently candid, can afford?
In our judgment there is such a power, but it resides in the court’s discretion rather than in legal principle. In the second situation we have postulated, the requirements of the law have been exhausted: what remains is to set a suitable sum. This classically is where discretion fills the space left by judgment: the court has a choice of courses, none of which it can be criticised for taking provided it makes its election on a proper factual basis uninfluenced by extraneous considerations. ‘

Judges:

Sedley LJ, Keene LJ, Longmore LJ

Citations:

Times 28-Aug-2006, [2006] EWCA Civ 1123

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Electra Private Equity Partners (a Limited Partnership) and others v KPMG Peat Marwick (a Firm) and others CA 23-Apr-1999
In interlocutory appeals some relaxation of the strictness of the conditions set down in Ladd v Marshall might be appropriate, according to the nature of the interlocutory hearing and the individual circumstances of the case. That would particularly . .
Cited – Banks and Another v Cox and Another CA 17-Jul-2000
The court considered the principles of admitting new evidence on appeal after the introduction of the new rules. Moritt LJ: ‘In my view the principles reflecting in the rules in Ladd v Marshall [1954] 1 WLR 1489 remain relevant to any application . .
Cited – Bubbins v United Kingdom ECHR 17-Mar-2005
The deceased had returned home drunk, and climbed in through a window. His girlfriend saw only his legs and reported an intruder to the police. He refused to identify himself when challenged by the police and on pointing a gun from the window he was . .
Cited – Hamilton v Al Fayed (No 4) CA 2001
The court considered the applicability of cases before the introduction of the new rules on the exercise of a judge’s discretion.
Held: The old cases ‘remain powerful persuasive authority’. . .
Cited – Hertfordshire Investments Ltd v Bubb and Another CA 25-Jul-2000
When considering an application for a re-hearing of a County Court action in order to consider and admit new evidence, the county court and High Court practice is now the same and the judge should consider the list of questions in Ladd v Marshall, . .
Cited – Thune v London Properties Limited CA 1990
The court considered the applicability of the principles in Ladd v Marshall to an appeal from an interlocutory order being an application for security for costs.
Held: The application to admit fresh evidence was refused. Bingham LJ: ‘There is . .
Cited – Keary Developments v Tarmac Constructions CA 1995
The court set out the principles to be applied by the court upon an application for security for costs.
1. The court has a complete discretion whether to order security, and accordingly it will act in the light of all the relevant . .
Cited – Brimko Holdings Limited v Eastman Kodak Company 2004
The defendant sought security for costs. The court considered the burden of proof in such a claim: ‘. . the court should not restrict its evaluation of the ability of a claimant to provide security to the means of the claimant itself. If the . .
Cited – Nasser v United Bank of Kuwait CA 11-Apr-2001
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs.
Held: An order for security may not legitimately be based on the bare . .
Cited – Tolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case.
Held: It followed from established case law that article 6(1) did not . .
Cited – Kufaan Publishing Ltd v Al-Warrak Publishing Ltd CA 1-Mar-2002
. .
Cited – Buttes Oil and Gas Co v Hammer (No 3) HL 1982
The House considered a dispute between two Us oil companies about the right to exploit an oil field in the Gulf. Each claimed to have a concession granted by the ruler of a Gulf state. Each state claimed that the oil field was within its territorial . .
Cited – Campbell v MGN Ltd (No 2) HL 20-Oct-2005
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed . .
Cited – Jeyaretnam v Mahmood 21-May-1992
For the purpose of an application to discharge an order for service on a defendant outside the jurisdiction, the court declined to evaluate allegations of lack of independence or impartiality in the defendant’s home country of Singapore on the . .
Cited – Skrine and Co (a Firm) and others v Euromoney Publications plc and others QBD 10-Nov-2000
The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of . .
Appeal from – Al-Koronky and Another v Time Life Entertainment Group Ltd and Another QBD 29-Jul-2005
The defendant to the defamation claim sought security for costs. There had been allegations of dishonesty on either side.
Held: The court should not, upon such an application, enter into the merits of the case in any detail, save in the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 07 July 2022; Ref: scu.243991

Hughes v Carratu International Plc: QBD 19 Jul 2006

The claimant wished to bring an action against the defendant enquiry agent, saying that it had obtained unlawful access to details of his bank accounts, and now sought disclosure of documents. The defendant denied wrongdoing, and said it had returned all papers to solicitors.
Held: The proposed respondents had not been fully candid, and a sufficient case was established to justify disclosure. ‘ there is reason to believe that there has been a serious breach of the criminal law. The enquiry agents who are suspected of that breach and who have been charged with it, appear to have been under the impression that the Respondent (and so presumably the Respondent’s client, the law firm), would not regard as unwelcome the receipt of the information which was obtained by those criminal means. This is not, apparently an isolated case. I infer that the law firm are aware of the present proceedings because I have been told that they asked for the file in order to protect their client’s claim to privilege, but they have not indicated any stance that they might be adopting towards the making of the order insofar as it might involve disclosure of their own identity. There has been no explanation as to how the enquiry agents can have been under so serious a misunderstanding as to the wishes of the Respondent that all information be obtained lawfully, given the Respondent’s repeated declarations of the importance they attach to compliance with the law. For these reasons I shall make the whole of the order sought by the Applicant. ‘

Judges:

Tugendhat J

Citations:

[2006] EWHC 1791 (QB)

Links:

Bailii

Statutes:

Data Protection Act 1998, Civil Procedure Rules 31.16

Jurisdiction:

England and Wales

Citing:

Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Cited – Black v Sumitomo Corporation CA 3-Dec-2001
The claimants proposed pre-action discovery which was resisted.
Held: A purpose of pre-action disclosure is to assist those who need disclosure as a vital step in deciding whether to litigate at all or to provide a vital ingredient in the . .
Cited – Dubai Aluminium Co Ltd v Al Alawi and Others ComC 3-Dec-1998
The claimants had brought proceedings against their former sales manager for accepting bribes and secret commission from outsiders. In support of their claim the claimants had obtained a search and seizure order and a worldwide freezing injunction, . .

Cited by:

Cited – L v L and Hughes Fowler Carruthers QBD 1-Feb-2007
The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said . .
Lists of cited by and citing cases may be incomplete.

Information, Litigation Practice

Updated: 07 July 2022; Ref: scu.244008

Re Birchall; Wilson v Birchall: CA 1880

In the administration of his estate the widow of the deceased took out a summons asking for a declaration that a large amount of personal property was held by the deceased as trustee for her and so did not fall into his estate. A compromise was suggested dividing the chattels between the widow and the estate. Counsel for infant beneficiaries refused to assent, the guardian being opposed to the compromise.
Held: A court cannot force a litigation friend to enter into a compromise against his wishes.
Jessel MR said: ‘This is not approving of a compromise, but compelling one. What jurisdiction has the court to do so? . . In my opinion the course which has been taken in this case is quite unprecedented. The court can approve of a compromise on behalf of infants, but it cannot force one upon them against the opinion of their advisers. The practice . . has been to require not only that the compromise should be assented to by the next friend or guardian of the infant, but that his solicitor should make an affidavit that he believes the compromise to be beneficial to the infant, and that his counsel should give an opinion that he considers it to be so . . This is the first time that I have known a compromise enforced upon infants, against the opinion of their guardians or next friend and of their legal advisers, and I am of the opinion that the orders cannot stand.’

Judges:

Jessel MR, James and Cotton LJJ

Citations:

(1880) 16 Ch D 41

Jurisdiction:

England and Wales

Cited by:

Cited – Bailey v Warre CA 7-Feb-2006
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had.
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Children

Updated: 07 July 2022; Ref: scu.238880

Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006

The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence.
Held: Though such an order would be exceptional, sufficient grounds had been shown in this case.

Judges:

Morison J

Citations:

[2006] EWHC 1848 (Comm)

Links:

Bailii

Citing:

Cited – Maclaine Watson and Co Ltd v International Tin Council (No. 2) CA 1988
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
See Also – Kensington International Ltd v Republic of the Congo; Glencore Energy UK Limited, Sphynx UK Limited, Sphynx (BDA) Limited, Africa Oil and Gas Corporation, Cotrade SA (Third Parties) ComC 28-Nov-2005
The claimant had taken an assignment of debts owed by the defendant, and obtained judgment in US$121m. They sought to enforce the judgment and obtained third party debt orders against the parties listed.
Held: Officers in the third party . .
Cited – CBS United Kingdom Ltd v Perry 1985
The parties have the right to ask for cross-examination in the context of the Anton Piller jurisdiction. Falconer J said: ‘Some inconsistencies may well become apparent between what is said when they respondents are taken by surprise when confronted . .
Cited – Yukong Lines v Rendsburg Investment Corporation CA 17-Oct-1996
An order for cross examination in an application for a Mareva order is exceptional, but permissible if it is just and convenient that such an order should be made. In applying the test of whether it would be ‘just and convenient’ to make the order, . .
Cited – Phillips v Symes CA 2003
Courts should be reluctant to exclude altogether evidence merely because it is written. If the purpose of the order sought was to trace assets it would be wrong to permit cross-examination which was designed to show that there had been a contempt of . .
See Also – Kensington International Ltd v Republic of The Congo ComC 16-Apr-2003
. .
See Also – Kensington International Ltd v Republic of the Congo CA 13-May-2003
The claimant had obtained judgment against the defendant for US$60m, and had sought a Mareva injunction against the defendant republic’s assets and against the assets of companies through which it operated in the UK. The claimant now appealed . .
See Also – Kensington International Ltd and Another v Republic Of the Congo ComC 26-May-2006
. .

Cited by:

See Also – Kensington International Ltd v Republic of the Congo ComC 13-Jul-2007
. .
See Also – Kensington International Ltd v Republic of the Congo ComC 13-Jul-2007
. .
See Also – Kensington International Ltd v Republic of Congo CA 7-Nov-2007
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves.
Held: The appeal failed. The public . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 July 2022; Ref: scu.243428

Konkola Copper Mines Plc and Another v Coromin Ltd. and others No.2: ComC 16 May 2006

Judges:

Colman J

Citations:

[2006] EWHC 1093 (Comm)

Links:

Bailii

Citing:

See Also – Konkola Copper Mines Plc and Another v Coromin Ltd and others CA 17-Jan-2006
A stay was sought to allow other proceedings to continue.
Held: A stay of the court’s own proceedings in support of an arbitration elsewhere ‘required rare and compelling circumstances’. . .
See Also – Konkola Copper Mines Plc v Coromin Admn 10-May-2005
Re-insurers liability under Part 20 claims. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 July 2022; Ref: scu.241756

NJ v Essex County Council and Another; In re J (Care: Assessment: Fair Trial); Re J (a child) (care proceedings: fair trial): CA 11 May 2006

The family complained that the local authority had, in assessing the need for a care order, failed to follow the guideliens set down in In Re L, leading to an infringement of their human rights.
Held: Neither in the lower court nor here had the case of In re V been cited. It should have been and would have demonstrated that although minor breaches of the guidance should be rooted out, that did not mean that a minor breach was an infringement of the parent’s human rights.

Judges:

Mr Justice Wilson, Mr Justice Bennett Lord Justice Richards

Citations:

Times 21-Jun-2006, [2006] EWCA Civ 545, [2006] 2 FCR 107

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Re M (Care: Challenging Decisions by Local Authority) FD 2001
Local authorities involved in care proceedings will infringe the rights of parents and other individual parties to them under both Article 6 and Article 8 of the Convention unless they conduct themselves with integrity, transparency and . .
Cited – In re L (Care: Assessment: Fair Trial) FD 2002
The court set out precepts to be followed by courts in preparing for care proceedings so as to ensure that they did not infringe the rights of the family to respect for their family life under article 8.
Munby J said: ‘ . . it must never be . .
Cited – In re V (a Child) (Care: pre-birth actions) CA 12-Oct-2004
Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the . .

Cited by:

Cited – Barracks v Coles and Commissioner of Police for the Metropolis CA 21-Jul-2006
The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said . .
Cited – Cheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 06 July 2022; Ref: scu.241649

Wylde v Culver: ChD 12 Apr 2006

The claimant sought to discontinue his probate action on the day of trial, and an order as to costs.
Held: The discontinuance should be allowed, there being no public interest to be served in a continuance. As to costs ‘in probate actions there is no stated presumption that a discontinuing claimant should pay the costs down to the discontinuance. However I approach the question of costs on the basis that the Claimant, in seeking to discontinue, should ordinarily pay the costs, and that the onus lies with him to show why there should be some different order. Shortly stated, in the absence of some good reason for a different order, it can be taken that the action was wrongly brought. This, after all, would be the starting point if the action went to trial and was dismissed. ‘ In this case, the claimant had been reasonable in acting on the issues on which the action was based, and he should not be ordered to pay the costs on the discontinuance. No order for costs was made.

Judges:

George Bompas QC

Citations:

[2006] EWHC 923 (Ch), [2006] 1 WLR 2674, [2006] 4 All ER 345

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Green v Briscoe 9-May-2005
The Court had dismissed an action brought to obtain an order pronouncing against a will, revocation of the probate granted in respect of the will and a declaration of intestacy. The defendant executor had counterclaimed for a grant of probate in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs, Wills and Probate

Updated: 06 July 2022; Ref: scu.241462

Donnelly and others v Weybridge Construction Ltd: TCC 22 Mar 2006

Application for specific dicslosure order.

Judges:

His Honour Judge Coulson QC

Citations:

[2006] EWHC 721 (TCC), [2006] BLR 158

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .

Cited by:

Cited – Dolphin Quays Developments Ltd v Mills and others CA 17-May-2007
The owner had agreed to sell a long lease of an apartment to the defendant. Part of the price was to be by way of set off of an existing debt, but ths was not set out in the contract. The claimant bought the land and the benfit of the contract from . .
Lists of cited by and citing cases may be incomplete.

Construction, Litigation Practice

Updated: 05 July 2022; Ref: scu.240451

Dadourian Group Int Inc v Simms and others (No 1): CA 11 Apr 2006

The court was asked to consider how it should exercise its discretion to order a world-wide asset freezing order.
Held: It dismissed the appeal in this case, but took the opportunity to provide eight guidelines for the way in which the discretion should be exercised.
Arden LJ: ‘Guideline 1: The principle applying to the grant of permission to enforce a WFO abroad is that the grant of that permission should be just and convenient for the purpose of ensuring the effectiveness of the WFO, and in addition that it is not oppressive to the parties to the English proceedings or to third parties who may be joined to the foreign proceedings.
Guideline 2: All the relevant circumstances and options need to be considered. In particular consideration should be given to granting relief on terms, for example terms as to the extension to third parties of the undertaking to compensate for costs incurred as a result of the WFO and as to the type of proceedings that may be commenced abroad. Consideration should also be given to the proportionality of the steps proposed to be taken abroad, and in addition to the form of any order.
Guideline 3: The interests of the applicant should be balanced against the interests of the other parties to the proceedings and any new party likely to be joined to the foreign proceedings.
Guideline 4: Permission should not normally be given in terms that would enable the applicant to obtain relief in the foreign proceedings which is superior to the relief given by the WFO.
Guideline 5: The evidence in support of the application for permission should contain all the information (so far as it can reasonably be obtained in the time available) necessary to make the judge to reach an informed decision, including evidence as to the applicable law and practice in the foreign court, evidence as to the nature of the proposed proceedings to be commenced and evidence as to the assets believed to be located in the jurisdiction of the foreign court and the names of the parties by whom such assets are held.
Guideline 6: The standard of proof as to the existence of assets that are both within the WFO and within the jurisdiction of the foreign court is a real prospect, that is the applicant must show that there is a real prospect that such assets are located within the jurisdiction of the foreign court in question.
Guideline 7: There must be evidence of a risk of dissipation of the assets in question.
Guideline 8: Normally the application should be made on notice to the respondent, but in cases of urgency, where it is just to do so, the permission may be given without notice to the party against whom relief will be sought in the foreign proceedings but that party should have the earliest practicable opportunity of having the matter reconsidered by the court at a hearing of which he is given notice.’

Judges:

Lord Justice Ward Lady Justice Arden Lord Justice Moore-Bick

Citations:

[2006] EWCA Civ 399, Times 23-May-2006, [2006] 3 All ER 48

Links:

Bailii

Statutes:

Cicil Procedure Rules 825

Jurisdiction:

England and Wales

Citing:

Cited – Derby and Co Ltd v Weldon CA 2-Jan-1989
The plaintiff sought damages for breach of contract, for negligence, breach of fiduciary duty and deceit and conspiracy. It sought a world-wide injunction.
Held: A freezing order (Mareva injunction) can be made in respect of assets which were . .

Cited by:

See Also – Dadourian Group International Inc and others v Simms and others ChD 24-Nov-2006
The Claimants sought, principally, damages for fraudulent misrepresentation and conspiracy against the first to fourth Defendants and damages for breach of contract against the third and fourth Defendants.
Ownership and control of a company are . .
See Also – Dadourian Group International Inc and others v Simms and others CA 20-Dec-2006
The court considered the exercise by the court of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained from the party against whom the freezing order is made in contempt proceedings . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 July 2022; Ref: scu.240358

Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time.
Held: The appeal succeeded: ‘ the long-standing rule of practice is that the new claim should be advanced in a new action, where the defence can be tested. If (as the Hearing Officer rightly concluded) CPR 17.4 did not apply, then the long standing rule of practice was the relevant default rule. ‘ ‘Section 72 (2) bars the making of an application outside the two year limit, not merely the making of an order. In addition, section 74 (4) precludes the raising (outside the two year time limit) of invalidity on the ground that the patent was granted to a person not entitled to it in infringement proceedings (among others). ‘ and ‘section 37 (5) bars the making of a claim outside the two year time limit; not merely the grant of a particular remedy. ‘ The tribunal had its own inherent power to manage its afairs, but the rules gave the Comptroller his own discretion and limited its use. In that circumstance, the inherent power was not to be relied upon to restore a discretion withheld by parliament. There was a fundamental difference between carrying on existing proceedings as a result of a devolution of title once the proceedings have started and an enlargement of the scope of a dispute as a result of an amendment. If an amendment adding a new party or a new cause of action is made to a rule 54 statement, the amendment will not relate back to the date of the original reference, but (where the amendment is made in order to raise a claim of the kind contemplated by Article 23 of the CPC) will take effect from the time it was made. The underlying principles are: i) That permission to amend to introduce new parties or a new claim should not be granted where there is a clear limitation defence; and ii) Where the limitation defence is arguable, it should be tested in fresh proceedings.

Judges:

Lewison J

Citations:

[2006] RPC 24, [2006] EWHC 160 (Ch)

Links:

Bailii

Statutes:

Patents Act 1977 37(5), Patents Rules 1995, Civil Procedure Rules 17

Jurisdiction:

England and Wales

Citing:

Cited – Ocean Estates Ltd v Pinder HL 1969
The court asked whether the sufficiency of adverse possession might be qualified either by the intentions of the paper owner or the squatter’s willingness to pay for their occupation if asked. Lord Diplock: ‘Where questions of title to land arise in . .
Cited – Boake Allen Ltd and others v HM Revenue and Customs CA 31-Jan-2006
The claimant companies had paid corporation tax under rules which had later been found to be discriminatory. They now sought repayment by virtue of double taxation agreements with the countries in which the parent companies were based.
Held: . .
Cited – Langley v North West Water Authority 1991
A tribunal has an inherent power (subject to constraints) to regulate the procedure to be followed before it. . .
Cited – Pharmedica GMBH’s Trade Mark Application ChD 2000
The tribunal was asked whether an assignee of a trademark should be substituted in existing opposition proceedings for the assignor. The assignment had taken place after the proceedings had begun.
Held: A tribunal has an inherent power to . .
Cited – Markem Corporation and Another v Zipher Ltd CA 22-Mar-2005
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s . .
Cited – Regina v Comptroller-General of Patents Designs and Trademarks ex parte Ash and Lacey Building Products Ltd 2002
Revocation was sought on the ground that the patent was invalid because of anticipation by prior publication. The court considered its powers under section 77 in the context of such a revocation application: ‘ . . the power to revoke arises in . .
Cited – Parsons and Another v George and Another CA 13-Jul-2004
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time.
Held: . .
Cited – Loveridge and Loveridge v Healey CA 20-Feb-2004
The landowner sought to recover possession of land occupied under an agreement by a mobile home owner.
Held: It was necessary for the land owner to show that he had complied with the requirements under the Act. It was insufficient for the . .
Cited – Goode v Martin CA 13-Dec-2001
The claimant had sought to amend her claim for damages for personal injuries. The application had been rejected as introducing a claim not based on the same facts. She had suffered severe head injuries, and had no memory of the accident. She served . .
Cited – Cobbold v London Borough of Greenwich CA 9-Aug-1999
The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed refusal of leave to amend the pleadings in anticipation of the trial, now due to start on the following day.
Held: Leave was . .
Cited – Welsh Development Agency v Redpath Dorman Long Ltd CA 4-Apr-1994
A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The . .
Cited – Aldi Stores Ltd v Holmes Buildings Plc CA 1-Dec-2003
What makes a claim a ‘new claim’ as defined in section 35(2) of the Limitation Act 1980 is not the newness of the case according to the type or quantum of the remedy claimed, but the newness of the cause of action that it involves. A cause of action . .
Cited – Lloyds Bank Plc v Rogers CA 16-Jul-1999
Where a claim had been made for possession of property under a legal charge, but no claim had been made for financial relief, and a later claim for such relief was made through an amended claim, the loss of the possible defence of limitation was a . .

Cited by:

Cited – Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others CA 31-Jul-2006
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership.
Held: The application for the amendment being made more han two years after the grant, the amendment could not be . .
Appeal from – Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others CA 31-Jul-2006
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership.
Held: The application for the amendment being made more han two years after the grant, the amendment could not be . .
At First Instance – Yeda Research and Development Company Ltd v Rhone-Poulenc Rorer International Holdings Inc and others HL 24-Oct-2007
The claimants said that the defendant had misused confidential information sent to him to found an application for a patent, claiming wrongly to have been its inventor. The claimant appealed a refusal by the court to allow amendments to the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice, Limitation

Updated: 05 July 2022; Ref: scu.238685

Kuenyehia and others v International Hospitals Group Ltd: CA 25 Jan 2006

Service of litigation documents by fax was not an acceptabe departure from the rules where the party being served had not beforehand given consent to service in this manner. The mere advertisement of a fax number did not amount to such consent. Such service could not be characterised as no more than a minor departure from the rules.
Neuberger LJ said: ‘we do not consider that the claimants can rely on the absence of prejudice to the defendant as a reason for letting the Judge’s decision to stand. In our view . . the time limits in the CPR, especially with regard to service of the claim form where the limitation period may have expired, are to be strictly observed, and extensions and other dispensations are to be sparingly accorded, especially when applied for after time has expired. While there may be exceptional cases, we consider that prejudice is only relevant in this sort of case to assist a defendant, where the court would otherwise think it right to dispense with service. In other words, prejudice to the defendant is a reason for not dispensing with service, but the absence of prejudice cannot usually, if ever, be a reason for dispensing with service’ and ‘Service on the defendant’s solicitors was ineffective under the CPR, and it cannot be said to have been a ‘minor departure’ from the permitted methods of service to serve on solicitors who had not been nominated by the defendant. In any event, for the reasons already given, this would not have been an exceptional case. Quite apart from any other point, it can fairly be said that it would have been only too easy for the claimants’ solicitors to ask the defendant, with whom they had been in fairly close contact, to nominate its solicitors’ address as its address for service in accordance with r.6.5(2), but they never did so.’

Judges:

Lord Justice Waller Lord Justice Dyson Lord Justice Neuberger

Citations:

[2006] EWCA Civ 21, Times 17-Feb-2006

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Brown and Others v InnovatorOne Plc and Others ComC 19-Jun-2009
The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by . .
Lists of cited by and citing cases may be incomplete.

Contract, Limitation, Litigation Practice

Updated: 04 July 2022; Ref: scu.238134

Nduka, Regina (on the Application of) v Her Honour Judge Riddel: Admn 21 Oct 2005

Attempt to avoid normal civil appeal process by use of judicial review – whether abuse of process. The underlying claim had been struck out as having no reasonable prospect of success. Permission to appeal had been refused. Permission to bring judicial review of that decision had itself been refused on the basis that the CPR provided a comprehensive system of appeals, which could not be circumvented by judicial review. The claimant now appealed against that refusal.
Held: The County Court had been given extensive and draconian case management powers, and the decisions challenged fell welll within those case management powers. The appeal failed.

Judges:

Wilkie J

Citations:

[2005] EWHC 3115 (Admin)

Links:

Bailii

Statutes:

Civil Procedure Rules 54

Jurisdiction:

England and Wales

Litigation Practice, Judicial Review, Civil Procedure Rules

Updated: 04 July 2022; Ref: scu.238163

Mason v Desnoes and Geddes Ltd: PC 2 Apr 1990

(Jamaica) A section enabled the Court to set aside a judgment where a party had not appeared at the trial.
Held: The reference to ‘the Court or a Judge’ made it clear that the jurisdiction may be exercised by a judge in chambers and: ‘ . . the application to set aside a default judgment is not the invocation of an appellate jurisdiction but of a specific rule enabling the court to set aside its own orders in certain circumstances where the action has never been heard on the merits.’

Citations:

[1990] 2 AC 729, [1990] UKPC 15

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Strachan v The Gleaner Company Limited and Stokes PC 25-Jul-2005
PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice

Updated: 04 July 2022; Ref: scu.237248

Charman v Charman: CA 20 Dec 2005

The court considered orders to third parties abroad to produce docments for use in ancillary relief proceedings. The husband had built up considerable assets within an offshore discretionary trust. The court was asked whether these were family assets.
Held: Asking what would be the approach of an English court, a request would not be met if it was a fishing expedition, but if only oral evidence was required the question was whether there was reason to believe that he had knowledge of matters relevant to the issues at trial. The letters of request were to be subject to a minor modification, but otherwise the appeal against the order granting it was rejected.

Judges:

Mr Justice Wilson Lord Justice Lloyd Sir Mark Potter President of the Family Division

Citations:

[2005] EWCA Civ 1606

Links:

Bailii

Statutes:

Family Proceedings Rules 1991 3.1, Matrimonial Causes Act 1973 25(2)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Browne v Browne CA 1989
The court considered under what circumstances money held in trust for a party could be included within assets to be considered in an application for ancillary relief in family proceedings.
Held: The question is more appropriately expressed as . .
Cited – White v White HL 26-Oct-2000
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage.
Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary . .
Cited – Khanna v Lovell White Durrant (A Firm) ChD 19-Jul-1994
The practice of requiring a third party to produce documents with a subpoena ad duces tecum at an interlocutory stage was a good one and was designed to produce evidence at an earlier stage, reducing costs. No greater inconvenience was suffered by . .
Cited – In re Westinghouse Uranium Contract HL 1978
‘The fact, if it be so, that evidence so obtained may be used in other proceedings and indeed may be central in those proceedings is no reason for refusing to allow it to be requested’ Lord Fraser said: ‘in judging the nature of the letters rogatory . .
Cited – In re Asbestos Insurance Coverage HL 1985
A London insurance brokerage company had been ordered to produce documents pursuant to a letter of request issued by a Californian court in proceedings brought by manufacturers of asbestos against their insurers. The 1975 Act empowered the court to . .
Cited – In re State of Norway’s Application (No 1) CA 1987
There were taxation proceedings in Norway. One question was whether the Norwegian taxpayer controlled a trust which owned some shares. Letters rogatory issued by the Norwegian Court requested the oral examination of two witnesses in the United . .
Cited – In re State of Norway’s application (Nos 1 and 2) HL 1989
The House considered an application by a foreign state seeking assistance in obtaining evidence here to be used in enforcing its own revenue laws at home.
Held: Rule 3 of the Convention encapsulated a ‘fundamental rule of English Law’, but did . .
Cited – Panayiotou and Others v Sony Music Entertainment (UK) Ltd ChD 21-Jul-1993
The rules do not limit the inherent jurisdiction of the court to make requests to foreign courts to ensure the production of documents from abroad. There is no logical reason why the principles by reference to which the court determines whether, and . .
Cited – Netbank v Commercial Money Center 2004
(Supreme Court of Bermuda) Before the court was an issue as to the enforcement of a letter of request from Ohio for oral evidence to be taken from employees in Bermuda of an insurance company. The island’s Evidence Act 1905 had provisions identical . .
Cited – Letterstedt v Broers PC 22-Mar-1884
(Supreme Court of the Cape of Good Hope) Lack of harmony may be of itself a good reason for a trustee to resign or be dismissed. Lord Blackburn approved a passage in Story’s Equity Jurisprudence, s 1289: ‘But in cases of positive misconduct, courts . .
Cited – Morgan v Morgan 1977
In ancillary relied proceedings the wife’s father was ordered to disclose his testamentary intentions toward his daughter.
Held: Such an order was oppressive, and he should be protected against it. . .
Cited – Parra v Parra CA 20-Dec-2002
The court considered the division of family assets on an ancillary relief application where a family company assets were involved but the assets had been divided equally: ‘The parties have, perhaps unusually, ordered their affairs during the . .
Cited – Zakay v Zakay 1998
In financial proceedings in England following divorce the wife alleged – and the husband denied – that he was the beneficial owner of shares held by a Gibraltarian trust company. The English court had ordered the issue of a letter of request to the . .
Cited – D v D (Production Appointment) FD 29-Nov-1995
An accountant’s professional privilege was overborne by the court, and a wider disclosure was approved. The court set a wide boundary around the scope of the documents which he was ordering the wife’s accountant to produce: ‘If the boundary is set . .
Cited – B v B (Matrimonial Proceedings: Discovery) CA 1978
The wife applied for ancillary relief, and sought disclosure from a third party.
Held: Whilst a party must disclose all documents in his possession, custody or power the court has a discretion whether to order inspection. ‘Custody’ in RSC Ord . .
Cited – Frary v Frary CA 1993
A spouse’s wealthy cohabitant, who had been ordered to produce evidence not just as to the support provided by her (or him) to the spouse but as to her (or his) overall resources may be able successfully to invoke the courts jurisdiction to protect . .

Cited by:

See Also – Charman v Charman (No 2) FD 27-Jul-2006
Ancillary relief claim – very substantial assets. The court provided for a possible substantial debt by a reverse contingent lump sum. . .
See Also – Charman v Charman CA 11-Dec-2006
Ancillary relief – substantial assets – application by the respondent wife in relation to an appeal by the appellant husband from a judgment and order in ancillary relief proceedings. The judge ordered the husband to pay pounds 40 million to the . .
See Also – Charman v Charman (No 4) CA 24-May-2007
The court considered what property should be considered in an ancillary relief claim on divorce, and said: ‘To what property does the sharing principle apply? The answer might well have been that it applies only to matrimonial property, namely the . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 04 July 2022; Ref: scu.236566

JP Morgan Chase Bank and others v Springwell Navigation Corporation: CA 20 Dec 2005

The defendants appealed against an order striking out four paragraphs of its defence and counterclaim.

Judges:

Lord Justice Brooke (Vice President of the Court of Appeal, Civil Division) Lord Justice Buxton Lord Justice Sedley

Citations:

[2005] EWCA Civ 1602

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .

Cited by:

See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
See Also – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 July 2022; Ref: scu.236570

Thakerar v Lynch Hall and Hornby (a Firm): ChD 21 Oct 2005

An order was sought to declare the claimant to be a vexatious litigant. The respondent answered that some of her applications had succeeded.
Held: It was not necessary to show that all applications by the claimant had been without merit.

Judges:

Lewison J

Citations:

Times 30-Nov-2005, [2005] EWHC 2751 (Ch), [2006] 1 WLR 1511

Links:

Bailii

Statutes:

Civil Procedure Rules 3.11

Jurisdiction:

England and Wales

Citing:

Cited – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003
The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making applications totally devoid of merit. The courts are facing very serious contemporary problems created by the activities of . .

Cited by:

Cited – Courtman v Ludlam and Another; In re Ludlam (Bankrupts) ChD 6-Aug-2009
The applicant trustee in bankruptcy sought an extended civil restraint order against the respondents, saying that they had made unmeritorious claims in the proceedings.
Held: The rules required there to be shown that person had ‘persistently . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 July 2022; Ref: scu.235499

CF v Secretary of State for the Home Department: FD 30 Jan 2004

The court considered the choice or procedures arising in relation to a baby ward of court living with its mother in prison. The sentence to be served would take the child beyond the maximum age provided for in mother and baby units.

Judges:

Munby J

Citations:

[2004] EWHC 111 (Fam), [2004] 2 FLR 517

Links:

Bailii

Statutes:

Prison Rules 1999

Jurisdiction:

England and Wales

Citing:

Cited – Practice Direction (Family Proceedings: Court Bundles) 10-Mar-2000
There should at be lodged with the court a summary of the background to the hearing; a statement of the issue or issues to be determined; a summary of the order or directions sought by each party; a chronology; and skeleton arguments. . .

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – Re A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice, Prisons

Updated: 04 July 2022; Ref: scu.231166

P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’): QBD 22 Jun 2005

The claimants sought to amend their particulars of claim to add a request for declarations with regard to a bill of lading and contract for carriage.
Held: The application to amend was made more than six years after the cause of action accrued. It was in its nature a new claim. The additional possibility that the new facts are substantially the same as those already relied on is limited to: ‘something going no further than minor differences likely to be the subject of enquiry but not involving any major investigation and/or differences merely collateral to the main substance of the new claim, proof of which would not necessarily be essential to its success.’ Though a declaration was discretionary claim, it was not an equitable one, and did not fall within section 36(1).

Judges:

Colman J

Citations:

[2005] EWHC 1276 (Comm), Times 03-Aug-2005, [2005] 1 WLR 3733

Links:

Bailii

Statutes:

Limitation Act 1980 36(1), Civil Procedure Rules 17.4(2)

Cited by:

Appeal from – P and O Nedlloyd Bv v Arab Metals Co and others CA 28-Mar-2006
. .
Cited – Berezovsky v Abramovich ComC 22-May-2008
Applications were made to amend pleadings and for consequential orders. The claimant sought damages of $4.3 billion alleging breach of trust. The claimant sought to add claims which the defendant said were out of time.
Held: The proposed . .
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.

Litigation Practice, Limitation

Updated: 04 July 2022; Ref: scu.231184

Strachan v The Gleaner Company Limited and Stokes: PC 25 Jul 2005

PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence of justification. He claimed that the order amounted to an order for a retrial.
Held: A default judgment is one which has not been decided on the merits. The Courts have jealously guarded their power to set aside judgments where there has been no determination on the merits, even to the extent of refusing to lay down any rigid rules to govern the exercise of their discretion. There having been no determination on the merits in relation to liability, the court had had jurisdiction to set aside the judgment for damages to be assessed. ‘Walker J held that he had jurisdiction to make the order he did. If wrong, his decision could be reversed by the Court of Appeal which would be bound without going into the merits to set aside his substantive order as a nullity. As between the parties, however, and unless and until reversed by the Court of Appeal, his decision (both as to jurisdiction and on the merits) was res judicata. As a judge of co-ordinate jurisdiction Smith J had no power to set it aside.’
Lord Millett said that an order made by a judge without jurisdiction was obviously vulnerable, but not wholly without effect. It must be obeyed unless and until set aside.

Judges:

Lord Hoffmann, Lord Millett, Lord Rodger of Earlsferry, Lord Carswell, Sir Charles Mantell

Citations:

[2005] UKPC 33, [2005] 1 WLR 3204

Links:

Bailii, PC, PC

Citing:

Cited – Mason v Desnoes and Geddes Ltd PC 2-Apr-1990
(Jamaica) A section enabled the Court to set aside a judgment where a party had not appeared at the trial.
Held: The reference to ‘the Court or a Judge’ made it clear that the jurisdiction may be exercised by a judge in chambers and: ‘ . . the . .
Cited – Pugh v Cantor Fitzgerald International CA 7-Mar-2001
Where judgment had been entered with damages to be assessed, the issues which could be raised on the assessment of damages were any directly affecting that assessment, but the defendant could not raise an issue which would impugn the judgement . .
Cited – Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The ‘Saudi Eagle’ CA 1986
The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that . .
Cited – Dipcon Engineering Services Ltd v Bowen and Another PC 1-Apr-2004
PC Grenada ‘Whilst Saudi Eagle is clear authority, if authority were needed, for the proposition that an application to set aside a default judgment can be made (and, if refused, can then be appealed) . .
Cited – Lunnon v Singh CA 1-Jul-1999
Once judgment has been given, whether after a contested hearing or in default, for damages to be assessed, the defendant cannot dispute liability at the assessment hearing. . .
Cited – Evans v Bartlam HL 1937
The House emphasised the width of the jurisdiction to excuse default in the case of a defendant seeking to have a default judgment set aside and to be let in to defend.
Lord Atkin said: ‘The principle obviously is that, unless and until the . .
Obiter remarks criticised – Craig v Kanssen CA 1943
There had been a failure to serve process where service of process was required. The result was that the order made based upon that process was irregular.
Held: In the exercise of its inherent jurisdiction, the Court was entitled to set it . .
Cited – In re Pritchard CA 1963
An originating summons seeking relief was accepted and sealed in a local district registry. It ought to have been sealed in the Central Office of the Royal Courts of Justice. Wilberforce J had held that the originating summons was a nullity and that . .
Cited – In re Padstow Total Loss and Collision Assurance Association CA 1882
The High Court had made a winding up order against an insolvent association under a section of the Companies Act 1862 which applied to unregistered companies. The Act prohibited the formation of an unregistered company with more than twenty members. . .

Cited by:

Cited – O’Connor v Piccott and Another PC 17-Feb-2010
(Jamaica) The parties agreed for the sale of land. The seller sought specific performance by the buyer. The buyer had said there was a problem of title. The appellant had failed to defend the proceedings, and appealed against judgment in default. . .
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.

Commonwealth, Defamation, Litigation Practice

Updated: 01 July 2022; Ref: scu.229324

Guildford Borough Council v Hein: CA 27 Jul 2005

The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes.
Held: The defendant’s appeal was allowed in part. There had to be shown something more than repeated infringements to support an injunction. The authority had to show a deliberate and flagrant flouting of the law. (Clarke LJ dissenting in part)

Judges:

Waller, Clarke LJJ, Sir Martin Nourse

Citations:

[2005] EWCA Civ 979, Times 21-Sep-2005, [2005] BLGR 797

Links:

Bailii

Statutes:

Local Government Act 1972 222

Jurisdiction:

England and Wales

Citing:

Cited – Stoke-On-Trent City Council v B and Q (Retail) Ltd HL 1984
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a . .
Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the . .
Cited – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .

Cited by:

Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .
Lists of cited by and citing cases may be incomplete.

Animals, Litigation Practice, Local Government

Updated: 01 July 2022; Ref: scu.229025

Johnson, Regina (on the Application Of) v Attorney General: Admn 29 Jun 2005

Citations:

[2005] EWHC 1534 (Admin)

Links:

Bailii

Statutes:

Supreme Court Act 1981 42

Jurisdiction:

England and Wales

Citing:

Cited – Harkness v Bell’s Asbestos and Engineering Limited CA 1966
The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 July 2022; Ref: scu.228897

Coflexip Sa and Another v Stolt Comex Seaway Ms Ltd and others: ChD 5 Jan 2004

Judges:

Laddie J

Citations:

[2004] EWHC 3 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Coflexip S A and Another v Stolt Offshore Ms Ltd and others CA 27-Feb-2004
Proceedings had been brought by a third party in which the patent had been revoked. The Defendant in the first proceedings now sought release from an enquiry as to damages after being found, before the revocation, to have infringed the patent.
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice

Updated: 30 June 2022; Ref: scu.226159

Wright v Sullivan: CA 27 May 2005

The claimant had appointed a clinical case manager. She appealed an order requiring the case manager to report also to the court.
Held: The case manager’s duties were purely to the claimant, and an order requiring that manager to report also to any other party would be inimical to his task. Nevertheless any communication between the case manager and the claimant’s experts would not be protected by litigation privilege.

Judges:

Brooke LJ, Dyson LJ, Lloyd LJ

Citations:

[2005] EWCA Civ 656, Times 24-Jun-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 30 June 2022; Ref: scu.225328

Scammell and others v Dicker: CA 14 Apr 2005

The parties had settled a boundary dispute in 1994 with a consent order, but the terms of the order had been difficult to implement. The respondent appealed an order declaring the consent order void for uncertainty.
Held: The appeal succeeded. There was no authority for declaring a consent order void. To be avoided it would have to be legally or practically impossible to give to the agreement any sensible content. The Scammells had not done anything to challenge the order and not sought to try to clarify the order but had sought straight away to have it set aside. It was clear that this was mere regret at their bargain.

Judges:

Ward, Rix LJJ

Citations:

[2005] EWCA Civ 405, Times 27-Apr-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Scammell and Nephew Ltd v HJ and JG Ouston HL 1941
There was an agreement for a purchase on ‘hire-purchase terms’ It was challenged as being too uncertain.
Held: There were many possible forms of such an agreement. The agreement was void for uncertainty. Lord Wright: ‘There are in my opinion . .
See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Cited – Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross CA 22-Mar-2001
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply . .

Cited by:

See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 29 June 2022; Ref: scu.224255

Armstrong and Another v First York: CA 17 Jan 2005

The claimant sought damages after a road traffic accident. The judge heard evidence from the claimant’s in person and from a conflicting expert’s report. He preferred the evidence of the claimants which he found to be blameless and honest. The defendant appealed.
Held: There was no rule requiring the court to accept an expert’s evidence over that of a lay witness. Our system is one of trial by judge, not by expert witness. The judge had been open and clear as to why he made his findings.

Judges:

Brooke VP CA, Arden, Longmore LJJ

Citations:

Times 19-Jan-2005, [2005] EWCA Civ 277, [2005] 1 WLR 2751

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Personal Injury, Road Traffic

Updated: 29 June 2022; Ref: scu.223680

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank.
Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have obtained a freezing order, to take care that funds of a person whose account has been frozen pursuant to that order should not be dissipated in breach of that order. I would not be deterred by the apparent absence of any express or deliberate assumption of responsibility on the part of the Bank since I would hold that the law ought to decide that such responsibility should be imposed and that that, in accordance with Phelps, is sufficient. I do not believe that the absence of an express assumption of responsibility should be fatal to the conclusion reached by relying on the first approach. I further conclude, applying the third (incremental) approach, that the imposition of such a duty of care is not to impose on banks liabilities different in kind from the sort of liabilities to which banks have become used at the hands of their customers and others for many years.’

Judges:

Lord Justice Peter Gibson Lord Justice Longmore Mr Justice Lindsay

Citations:

[2004] EWCA Civ 1555, [2005] 1 WLR 2082

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Commissioners of Customs and Excise v Barclays Bank Plc ComC 3-Feb-2004
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . .
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – White and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
Cited – Mareva Compania Naviera SA v International Bulkcarriers SA CA 1-Feb-1975
An ex parte order was sought by the plaintiff to restrain the defendant dispersing his assets.
Held: The court granted the ad personam order requested making use of the jurisdiction given to it by the 1925 Act: ‘A mandamus or an injunction may . .
Cited – Al-Kandari v J R Brown and Co CA 1988
A solicitor had undertaken to look after certain passports, but failed to do so. The husband had twice previously kidnapped his children whose custody was an issue before the court. Once the husband regained the passports, he again fled with the . .
Cited – Nippon Yusen Kaisha v Karageorgis CA 1975
The plaintiff company had chartered a ship to the defendants. A large sum was now claimed for hire, and a string prima facie case made out. The charterers could not be found but there was evidence of funds at a bank in London. An ex parte . .
Cited – Z Ltd v A-Z and AA-LL CA 1982
The plaintiffs, an overseas company with an office in London had been defrauded here. They sought and obtained Mareva injunctions against defendants and against six clearing banks. The banks sought clarification of their duties.
Held: The . .
Cited – Candler v Crane Christmas and Co CA 15-Dec-1950
Though the accounts of the company in which the plaintiff had invested had been carelessly prepared and gave a wholly misleading picture of the state of the company, the plaintiff could not recover damages. A false statement, carelessly, as . .
Cited – Z Bank v DI ChD 1994
A company in contempt of court may have acted with a greater or lesser degree of culpability and the court has a discretion to impose punishment commensurate with that culpability, although some penalty is likely to be appropriate unless the . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Williams and Another v Natural Life Health Foods Ltd and Another HL 30-Apr-1998
A company director was not personally reliable in negligence for bad advice given by him as director unless it could clearly be shown that he had willingly accepted such personal responsibility. A special relationship involving an assumption of . .
Cited – Reeman and Reeman v Department of Transport; West Marine Surveyors and Consultants and Richard Primrose Ltd CA 26-Mar-1997
The purchaser of a fishing boat had relied on an incorrect safety certificate in respect of the vessel. He sought to claim in negligence.
Held: The object of the statutory scheme pursuant to which the certificate had been issued was to promote . .
Cited – Business Computers International Ltd v Registrar of Companies ChD 1988
A winding up petition was served at an address which was not that of the plaintiff’s registered office, and nobody appeared at the hearing. A winding up order was made against the plaintiff company, which now sued the solicitors who had misserved . .
Cited – Dean v Allin and Watts (a Firm) CA 23-May-2001
An unsophisticated lender running the business of a car mechanic wanted to lend money to borrowers on the security of real property owned by an associate of the borrowers. The borrowers instructed the defendant solicitors to give effect to this . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .

Cited by:

Appeal from – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Banking, Negligence

Updated: 27 June 2022; Ref: scu.219675

Khalid Ali Ismail Turkey v Adnan Mohammed Awadh, Aziza Khalid Ali Ismail Turki: CA 26 Oct 2004

The claimant asserted that he had taken a transfer of the house from his daughter and son in law. They said the transfer had been procured by misrepresentation and undue influence. The claimant now sought a stay of an order for payment of costs pending the appeal against the county court judge’s order.

Judges:

Sir Christopher Staughton

Citations:

[2004] EWCA Civ 1471

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Turkey v Awadh and Another CA 8-Mar-2005
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.219661

Hanley v Stage and Catwalk Ltd (T/A Acorn Studios) and others: CA 7 Nov 2001

Citations:

[2001] EWCA Civ 1739

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for Trade and Industry v Paulin ChD 13-May-2005
The director sought to appeal an order disqualifying him form acting as a company director.
Held: The disqualification proceedings were properly charactised as insolvency proceedings and therefore there was no requirement for permission to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218524

Multicultural Media Centre for the Millennium Ltd v Millennium Commission: CA 19 Oct 2001

Where a court was faced with a situation where both parties wished to proceed, but one wanted to put in an affidavit which the other had not had chance to examine, it became impossible for that judge to proceed fairly. A winding up order made under such circumstances was set aside. The case was remitted to another judge of the Chancery Division.

Judges:

Lord Justice Judge, Lord Justice Chadwick and Lord Justice Jonathan Parker

Citations:

Times 16-Nov-2001, [2001] EWCA Civ 1687

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Re Multicultural Media Centre for the Millenium Ltd CA 22-Mar-2001
. .
See Also – Millennium Commission v Multicultural Media Centre for the Millennium CA 13-Jun-2002
. .

Cited by:

See Also – Re Multicultural Media Centre for the Millenium Ltd CA 22-Mar-2001
. .
See Also – Millennium Commission v Multicultural Media Centre for the Millennium CA 13-Jun-2002
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insolvency

Updated: 27 June 2022; Ref: scu.218449

Watson v Cleveland Police: CA 12 Oct 2001

The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full.
Held: The judge had directed the jury correctly. However as to damages, the award of exemplary damages was exessive, and was reduced.

Citations:

[2001] EWCA Civ 1547

Links:

Bailii

Statutes:

Criminal Procedure Act 1865 6

Jurisdiction:

England and Wales

Citing:

Cited – Clifford v Clifford 1961
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Regina v Sweet Escott QBD 1971
There are limits as to what may be put to a witness by way of cross-examination as to credit. Lawton J said: ‘What, then, is the principle upon which the judge should draw the line? It seems to me that it is this. Since the purpose of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218480

Ropaigealach v Allied Irish Bank Plc: CA 29 Aug 2001

Use of charging orders to enforce payment of costs orders.

Citations:

[2001] EWCA Civ 1381

Links:

Bailii

Statutes:

Charging Orders Act 1979 1(5)

Jurisdiction:

England and Wales

Cited by:

See Also – Ropaigealach v Allied Irish Bank Plc CA 12-Nov-2001
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.218368

Paragon Finance Plc v Noueiri: CA 24 Apr 2001

Application for leave to appeal.

Judges:

Keene LJ

Citations:

[2001] EWCA Civ 603, [2001] 1 WLR 2357

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Harris and others v The Society of Lloyd’s ComC 1-Jul-2008
Refusal of ;lay representation in Commercial Court . .
See Also – Paragon Finance Plc v Noueiri CA 4-Jul-2001
. .
See Also – Noueiri v Paragon Finance Plc (Practice Note) CA 19-Sep-2001
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 27 June 2022; Ref: scu.218124

Beckingham v Hodgens: CA 4 Dec 2002

Renewed application for leave to appeal – refused – appeal against finding on facts.

Citations:

[2002] EWCA Civ 1901

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Beckingham v Hodgens ChD 2002
Copyright in music – custom amd practice within the industry. . .

Cited by:

Leave to appeal – Hodgens v Beckingham CA 19-Feb-2003
The defendant appealed a finding of infringement in a music copyright work, ‘Young at Heart’, based on a claim of joint authorship. The claimant had delayed his claim for many years, but now sought only rights to future royalties.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.217888

Coppard v Customs and Excise: CA 5 Nov 2002

Application for leave to appeal out of time – granted.

Citations:

[2002] EWCA Civ 1697

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Grant of leave – Coppard v The Commissioners of Customs and Excise, Lord Chancellor intervening CA 9-Apr-2003
The judge, a circuit judge who had been appointed a judge of the TCC, had adjudicated on the claimant’s case in the High Court in the false belief that the appointment allowed him to do so.
Held: The judge had not wilfully closed his eyes to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 June 2022; Ref: scu.217806

ABCI v Banque Franco Tunisienne and others: CA 5 Jul 2002

Renewed application for leave to appeal.

Citations:

[2002] EWCA Civ 1117

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice, Arbitration

Updated: 23 June 2022; Ref: scu.217338

Whitehead and Another v Household Mortgage Corporation Plc: CA 27 May 2002

Renewed application for leave to appeal.

Citations:

[2002] EWCA Civ 912

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Application for leave – Household Mortgage Corporation plc v Whitehead and Another CA 14-Nov-2002
The mortgage lender had proved in the voluntary arrangement as an unsecured creditor. It had valued the security as less than the debt, and accepted a dividend on the portion remaining unsecured. It now sought to enforce the security. It was argued . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.217255