Tag: Litigation Practice

Olatawura v Abiloye: CA 14 Mar 2002

Appeal from strike out of claim for failure to pay sum into court.

Judges:

Pill, Longmore LJJ

Citations:

[2002] EWCA Civ 364, [2002] All ER (D) 253 (Jul)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Olakunle O Olatawura v Alexander O Abiloye CA 17-Jul-2002
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25.
Held: . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.216969

Shtun v Zaljejska: CA 18 Apr 1996

Evidence of prejudice from inexcusable delay is to be examined carefully. It is not essential for a finding of prejudice in such a case that there should be evidence of the particular respects in which potential witnesses’ recollections have been impaired or as to any particular part of the delay to which such impairment is attributable.

Citations:

Times 18-Apr-1996, [1996] 1 WLR 1270

Jurisdiction:

England and Wales

Cited by:

Cited – Smith v Charles Building Services Ltd and Another ChD 22-Apr-2005
The claimant said that his name had been removed from the company register unlawfully. . .
Cited – Hopkinson and Others and Birmingham Mid-Shires Building Society v Tupper CA 30-Jan-1997
The plaintiffs appealed from an order striking out their claim for want of prosecution. The defendant’s property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.89248

Ayobiojo and Another v Easyspace Ltd: CA 29 Jul 2004

Production of falsified divorce petition to support opposition to charging order on former matrimonial home despite transfer to wife.

Citations:

[2004] EWCA Civ 1247

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ayobiojo v Easyspace Ltd and Another CA 4-May-2001
Application for leave to appeal against refusal to grant interim mandatory injunction – no prospect of such order being made on interim basis. . .

Cited by:

See Also – Ayobiojo v Easyspace Ltd and Another CA 4-May-2001
Application for leave to appeal against refusal to grant interim mandatory injunction – no prospect of such order being made on interim basis. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 21 June 2022; Ref: scu.215977

SA Chanel v Cepeha Handelsmaatschappij Nv: ECJ 3 Jun 1969

Reference for a preliminary ruling: Arrondissementsrechtbank Rotterdam – Netherlands. -Order adjourning

Citations:

R-31/68, [1969] EUECJ R-31/68

Links:

Bailii

Jurisdiction:

European

Cited by:

Adjournment – SA Chanel v Cepeha Handelsmaatschappij Nv ECJ 16-Jun-1970
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 21 June 2022; Ref: scu.214082

Bataillon and Another v Shone and Another: QBD 20 May 2016

The claimants were owed very substantial sums under judgments against the defendant’s husband. They now said that assets had been transferred into her name to defeat the judgments.

Judges:

Waksman QC HHJ

Citations:

[2016] EWHC 1174 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 19 June 2022; Ref: scu.564498

In Re Westminster Property Management Ltd: ChD 19 Jan 2000

Since company director disqualification proceedings were not criminal proceedings, even though they involved the imposition of a penalty, they remained civil proceedings in nature. The European Convention on Human Rights did not apply to protect a director against having material, disclosed by him under compulsion in the course of an insolvency, being used against him in disqualification proceedings.

Citations:

Times 19-Jan-2000, Gazette 03-Feb-2000

Statutes:

European Convention on Human Rights, Company Directors Disqualification Act 1986

Jurisdiction:

England and Wales

Litigation Practice, Human Rights, Company

Updated: 17 June 2022; Ref: scu.82287

Huntington v Attrill: HL 1893

In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a penal law in the context of justiciability to include: ‘all breaches of public law punishable by pecuniary mulct or otherwise at the instance of the state government or someone representing the public.’

Judges:

Lord Watson

Citations:

[1893] AC 150

Jurisdiction:

England and Wales

Citing:

Applied – Wisconsin v Pelican Insurance Co 1888
(United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and . .

Cited by:

Cited – Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Cited – Iran v The Barakat Galleries Ltd QBD 29-Mar-2007
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 14 June 2022; Ref: scu.245578

Reavey and others v Century Newspapers Ltd and Another: QBNI 4 May 2001

The plaintiffs sought orders against the defendants and each of them to enable the plaintiffs to sue for defamation or malicious falsehood certain persons whose identities are at present unknown to the plaintiffs but which are allegedly known to the defendants and each of them and who were the source of information relayed by the two defendants in Parliament and under absolute privilege. The plaintiffs aver that the defendants and each of them are, or have been, in possession of certain documents and information which would identify those persons thus enabling the plaintiffs to sue them for defamation.

Citations:

[2001] NIQB 17

Links:

Bailii

Jurisdiction:

Northern Ireland

Defamation, Litigation Practice

Updated: 13 June 2022; Ref: scu.202146

Gregory and Another, Regina (on the Application Of) v Turner and Another: CA 7 Dec 2001

Application for leave to appeal.

Citations:

[2001] EWCA Civ 1952

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Application for leave – Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 13 June 2022; Ref: scu.201556

Ropaigealach v Allied Irish Bank Plc: CA 12 Nov 2001

Judges:

Hale LJRix LJ

Citations:

[2001] EWCA Civ 1790, [2001] 47 EGCS 146, [2002] 1 EGLR 83, [2002] 03 EG 130

Links:

Bailii

Statutes:

Charging Orders Act 1977

Jurisdiction:

England and Wales

Citing:

See Also – Ropaigealach v Allied Irish Bank Plc CA 29-Aug-2001
Use of charging orders to enforce payment of costs orders. . .
Cited – Roberts Petroleum Ltd v Bernard Kenny Ltd HL 2-Jan-1983
The plaintiff supplied petrol to the defendant but had not been paid. Anticipating the defendant winding up, the plaintiff got judgment and a charging order nisi. The defendant appealed against that order being made absolute, saying that this gave . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 June 2022; Ref: scu.201526

Nayler and Another v Beard: CA 24 Jul 2001

Application for permission to appeal against an order made in civil non-matrimonial proceeding. The appeal raises questions as to the circumstances in which affidavits of means sworn by a party in matrimonial proceedings may be the subject of disclosure and inspection in separate civil proceedings to which he is a party and as to the identity of the court which should be asked to resolve any such issue.

Judges:

Hale LJ, Wilson J

Citations:

[2001] EWCA Civ 1201, [2001] 2 FLR 1346, [2001] CP Rep 104, [2001] 3 FCR 61, [2001] Fam Law 801

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Family

Updated: 13 June 2022; Ref: scu.201269

Melhuish v Waters: CA 5 Jul 2001

A settlement had been reached on the morning of the trial, embodied in a consent order. The applicant sought leave to appeal, denying that he had consented. He now applied for an adjournment of his application.
Held: The application for the adjournment was unsupported by justification and was too late. The applications for adjournment and for leave were refused.

Citations:

[2001] EWCA Civ 1174

Links:

Bailii

Jurisdiction:

England and Wales

Wills and Probate, Litigation Practice

Updated: 13 June 2022; Ref: scu.201265

Gwembe Valley Development Company Ltd v Koshy and Another: CA 25 Jul 2001

Application to amend order under slip rule.

Citations:

[2001] EWCA Civ 1306

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2) ChD 30-Mar-2000
The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd . .
See Also – Gwembe Valley Development Company Ltd v Koshy and others CA 3-Dec-2002
Second application further to amend court order . .

Cited by:

See Also – Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2) ChD 30-Mar-2000
The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd . .
See Also – Gwembe Valley Development Company Ltd v Koshy and others CA 3-Dec-2002
Second application further to amend court order . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 June 2022; Ref: scu.201243

Grupo Torras Sa and Another v Al-Sabah and others: CA 30 Jul 2001

The hearing followed others concluding that the claimant had been defrauded of substantial sums by the defendants. The parties sought clarifications.

Citations:

[2001] EWCA Civ 1370

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) CA 21-Mar-1997
The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al CA 2-Oct-1997
A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. . .
See Also – Grupo Torras SA and Another v Al-Sabah and others Lst CA 6-Feb-1998
. .
See Also – Barbara Alison Al-Sabah and Another v Grupo Torras S A and Others PC 10-Oct-2000
PC (Jersey) The board refused special leave to appeal: ‘Normally all such questions of case management are matters for the courts concerned and are not suitable for any further review before their Lordships’ . .
See Also – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
See Also – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
Held: In earlier . .

Cited by:

See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) CA 21-Mar-1997
The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al CA 2-Oct-1997
A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. . .
See Also – Grupo Torras SA and Another v Al-Sabah and others Lst CA 6-Feb-1998
. .
See Also – Barbara Alison Al-Sabah and Another v Grupo Torras S A and Others PC 10-Oct-2000
PC (Jersey) The board refused special leave to appeal: ‘Normally all such questions of case management are matters for the courts concerned and are not suitable for any further review before their Lordships’ . .
See Also – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
See Also – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
Held: In earlier . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 June 2022; Ref: scu.201242

McPhilemy v Times Newspapers Ltd and others: CA 12 Jun 2001

Judges:

Simon Brown LJ, Chadwick LJ, Longmore LJ

Citations:

[2001] EWCA Civ 871, [2001] EMLR 34

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – McPhilemy v Times Newspapers Limited; Clarke and Neil (1) CA 25-Nov-1998
. .
See Also – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be . .
See Also – McPhilemy v Times Newspapers Ltd and Others CA 7-Jun-2000
The new civil procedure rules did not change the basic rules of evidence. The old rule prevented a party putting in evidence a witness statement which he knew conflicted substantially with the case he wished to place before the jury, and then be . .

Cited by:

See Also – McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3) CA 12-Jun-2001
In defamation proceedings the defendant had invited one issue to be left to the jury. After losing the case, the defendant sought to appeal, arguing that the jury’s verdict was perverse. It was held that such an appeal amounted to an abuse of . .
See Also – McPhilemy v Times Newspapers Ltd (No 4) CA 3-Jul-2001
The fact that a defendant had not acted unreasonably in pursuing a case after an offer of settlement, was not a reason for not awarding costs to be paid on an indemnity basis. Such an award had no penal element, and did not first require any . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Defamation

Updated: 13 June 2022; Ref: scu.201163

Ayobiojo v Easyspace Ltd and Another: CA 4 May 2001

Application for leave to appeal against refusal to grant interim mandatory injunction – no prospect of such order being made on interim basis.

Citations:

[2001] EWCA Civ 665

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Ayobiojo and Another v Easyspace Ltd CA 29-Jul-2004
Production of falsified divorce petition to support opposition to charging order on former matrimonial home despite transfer to wife. . .

Cited by:

See Also – Ayobiojo and Another v Easyspace Ltd CA 29-Jul-2004
Production of falsified divorce petition to support opposition to charging order on former matrimonial home despite transfer to wife. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 11 June 2022; Ref: scu.201026

Banks and Another v Cox and Another: CA 20 Apr 2001

Judges:

Jonathan Parker LJ

Citations:

[2001] EWCA Civ 589

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Banks and Another v Cox and Another CA 3-Apr-2001
. .
See Also – 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 by:

See Also – Banks and Another v Cox and Another CA 17-May-2001
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 11 June 2022; Ref: scu.200955

Banks and Another v Cox and Another: CA 3 Apr 2001

Judges:

Sedley LJ

Citations:

[2001] EWCA Civ 492

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – 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 by:

See Also – Banks and Another v Cox and Another CA 20-Apr-2001
. .
See Also – Banks and Another v Cox and Another CA 17-May-2001
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 11 June 2022; Ref: scu.200954

Regina v The Lord Chancellor Ex Parte Stockler: QBD 4 Dec 1995

Judge may sit as an acting judge beyond the maximum retirement age in order to complete his own case lists.

Citations:

Times 04-Dec-1995

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina v the Lord Chancellor, Ex Parte Stockler CA 7-May-1996
A Judge may give judgment in a case finished he had only after reaching the maximum permitted retirement age. . .

Cited by:

Appeal from – Regina v the Lord Chancellor, Ex Parte Stockler CA 7-May-1996
A Judge may give judgment in a case finished he had only after reaching the maximum permitted retirement age. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 11 June 2022; Ref: scu.88172

Wiltshire v Powell and others: CA 7 May 2004

The claimant sought a declaration as to the ownership of an aircraft. Saying he had bought it in good faith from E H and S, who in turn similarly claimed to have bought it from Ebbs. The defendant had obtained a judgment that he was owner as against Mr Ebbs after the sale to E H and S, but before the sale to the claimant.
Held: Since the issue of ownership had been determined before his purchase and against one through whom he claimed to derive title, the claim failed. The doctrine of privity applies in the same manner to a judgment determining the ownership of goods as it does to one determining the ownership of land.
Latham LJ expressed his conclusion: ‘where title to goods is in dispute . . a person claiming title is privy to the interests of those through whom he claims that title for the purposes of the operation of the doctrine of estoppel per rem judicatam but only if the title he claims was acquired after the date of the judgment.’
Arden LJ said ‘Res judicata promotes the important public policy of finality in legal proceedings and thus legal certainty . . If there was no estoppel per rem judicatam in this situation the result would always be that a defendant to an action about the ownership of property could always avoid the result of an adverse judgment by disposing of the property before the judgment was enforced. That would clearly be an intolerable state of affair . . ‘
Holman J said: ‘If after A has obtained a final judgment establishing that a chattel belongs to A rather than B, A wishes to sell it, it is essential that a purchaser can rely on the judgment as against B for otherwise A cannot really benefit from his judgment. Any alternative view would lead to uncertainty and commercial chaos.’

Judges:

Lord Justice Latham Lady Justice Arden Mr Justice Holman

Citations:

[2004] EWCA Civ 534, Times 03-Jun-2004, [2004] 3 All ER 235, [2004] 3 WLR 666, [2005] QB 117

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – Wiltshire v Powell and others (Costs) CA 7-May-2004
. .
Cited – Gleeson v J Wippell and Co Ltd ChD 1977
The court considered the circumstances giving rise to a plea of res judicata, and proposed a test of privity in cases which did not fall into any recognised category. ‘Second, it seems to me that the sub-stratum of the doctrine is that a man ought . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited – Doe v The Earl of Derby 1834
For a plea of res judicata to arise as between claimants to the title to goods, the same title must have come into question in both actions, because there must be an identity of interest between the party to the first action and the party to the . .
Cited – Wytcherley v Andrews 1871
Lord Penzance said: ‘There is a practice in this court, by which any person having an interest may make himself a party to the suit by intervening; and it was because of the existence of that practice that the judges of the Prerogative Court held, . .
Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – Westland Helicopters Ltd v Sheikh Al-Hejailan QBD 13-Jul-2004
. .
Cited – Hodson v Walker CEC 1872
Premises known as the Red Lion Inn, Grasmere and certain outbuildings were let. In February 1852, Walker allowed one Usher, who owned the Red Lion Inn, to build a shed on his (Walker’s) adjoining land in return for a rent of 1s. a year. In November . .
Cited – House of Spring Gardens v Waite CA 1991
The principle of abuse of process is capable of applying where the relevant earlier proceedings have taken place before a foreign court (Ireland). In this case the defendants argued that the judgment obtained in Ireland had been obtained . .
Cited – Pople v Evans ChD 1969
The court discussed the doctrine of res judicata: ‘ . . the title relied on to establish such privity must arise after the judgment on which the res judicata is based, or at any rate after the commencement of the proceedings in which that judgment . .
Cited – Mercantile Investment and General Trust Company v River Plate Trust, Loan and Agency Company 1894
Romer J said: ‘A prior purchaser of land cannot be estopped as being privy in estate by a judgment obtained in an action against the vendor commenced after purchase.’ . .
Cited – Re de Burgho’s Estate 1896
The court considered the necessary elements of issue estoppel: ‘According to the clear principles of the law of estoppel, it is necessary, in order to estop the objector, to show that he derives title under Dwyer by act or operation of law . .
Cited – Nana Ofori Atta (II) v Nana Abu Bonsra (II) PC 1958
(West Africa) Care must be taken in respect of the notion that merely standing by and waiting to see the outcome of a case in which the non-party has an interest, without more, involves an abuse of process. The parties now disputed title to land, . .
Cited – Brotherton and others v Aseguradora Colseguros S A and Another ComC 26-Feb-2003
. .
Cited – Hornsby v Greece ECHR 19-Mar-1997
Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved – Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award
The rights . .
Cited – Wenman v McKenzie 1855
Coleridge J, quoting Lord Chief Baron Gilbert: ‘nobody can take benefit by a verdict that had not been prejudiced by it, had it gone contrary’. . .

Cited by:

See also – Wiltshire v Powell and others (Costs) CA 7-May-2004
. .
Cited – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 10 June 2022; Ref: scu.196776

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) notwithstanding that final judgment has been entered, it is certainly not authority for saying that on an appeal against an assessment of damages a previous default judgment can be set aside without any such application ever having been made …’

Judges:

Lord Brown of Eaton-Under-Heywood

Citations:

[2004] UKPC 18, 64 WIR 117

Links:

Bailii, PC

Citing:

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 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: 10 June 2022; Ref: scu.195213

Drury v Secretary of State for Environment, Food and Rural Affairs: CA 26 Feb 2004

Trespassers occupied part of the land owned by the claimant. They now appealed agaainst an injunction preventing them unlawfully occupying any part of the claimant’s land including areas not previously occupied.
Held: It was critical to determine just what land was to be protected by the proposed order. The action was in rem and would protect the land against all-comers. As such a high standard of proof was required. If there was convincing evidence of a real danger of other land being occupied, an order might be given, but such evidence was not available here.

Judges:

Lord Justice Ward Lord Justice Mummery And Mr Justice Wilson

Citations:

[2004] EWCA Civ 200, Times 15-Mar-2004, Gazette 25-Mar-2004, [2004] 1 WLR 1906, [2004] 2 All ER 1056

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – University of Essex v Djemal and others CA 1980
Students occupied the administrative office part of university premises. Following an order for possession of that part, they moved to a part known as Level Six. The university then sought an order for possession of the whole of its premises. Just . .
Cited – Ministry of Agriculture, Fisheries and Food v Heyman and others 1989
The respondent travellers were in wrongful occupation of an area of woodland owned by the appellant. The appellant sought an order for possession not only to that land but also for an area of woodland in its ownership two or three miles away. The . .
Cited – Regina v Wandsworth County Court ex parte Wandsworth London Borough Council 1975
Where the court grants a writ of possession requiring the bailiff to put the claimant into possession of land, in principle, the bailiff will remove all those who are on the relevant land, irrespective of whether or not they were parties to the . .
Cited – Ellis v Loftus Iron Co 1874
The pasturing of cattle must be one of the most ordinary uses of land, and strict liability for damage done by cattle enclosed on one man’s land if they escape thence into the land of another, is one of the most ancient propositions of our law. It . .
Cited – White v Mellin HL 1895
Lord Watson said: ‘Damages and injunction are merely two different forms of remedy against the same wrong; and the facts which must be proved in order to entitle a plaintiff to the first of these remedies are equally necessary in the case of the . .
Cited – Attorney-General for the Dominion of Canada v Ritchie Contracting and Supply Co Ltd HL 1919
If there has been no intrusion upon the land of the plaintiff at all then the only remedy may be a quia timet prohibitory injunction: ‘But no-one can obtain a quia timet order by merely saying ‘Timeo’; he must aver and prove that what is going on is . .
Cited – Morris v Redland Bricks Ltd HL 1969
The requirement of proof is greater for a party seeking a quia timet injunction than otherwise. Lord Upjohn said: ‘A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave danger will . .

Cited by:

Cited – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 10 June 2022; Ref: scu.193929

Mock v Pension Ombudsman: ChD 7 Apr 2000

It was permissible, when seeking to understand ancient and obscure legislation to look to contemporary records of proper standing. Here the judge had been referred to ‘An Autobiography by Anthony Trollope, when seeking to understand and construe regulations for the payment of pensions to civil servants from that period.

Citations:

Times 07-Apr-2000

Jurisdiction:

England and Wales

Litigation Practice

Updated: 10 June 2022; Ref: scu.83779

Worcestershire County Council v Tongue, Tongue, and Tongue: CA 17 Feb 2004

The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access for this purpose:’ truth what the Council is doing is to point to deficiencies in the present criminal law and to ask the court to make an order overcoming those deficiencies.’

Judges:

Lord Justice Chadwick Lord Justice Peter Gibson Sir Martin Nourse

Citations:

[2004] EWCA Civ 140, Gazette 18-Mar-2004, [2004] 2 Ch 36

Links:

Bailii

Statutes:

Protection of Animals Act 1911 1, Protection of Animals (Amendment) Act 2000

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 – 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 – Cornwall County Council v Baker Admn 18-Feb-2003
The defendant had been convicted of cruelty to his animals. The prosecutor appealed dismissal of an application for an interim order for protection under the 2000 Act in respect of other animals not the subject of the application.
Held: The . .
Cited – South Carolina Insurance Co v Assurantie Maatschappij de Zeven Provincien NV HL 1987
There can be little basis for the grant of relief to a landowner providing protection from an action in nuisance if the landowner will not himself remedy the public nuisance. The House considered whether the circumstances gave the court power to . .
Cited – Broadmoor Hospital Authority and Another v Robinson CA 20-Dec-1999
Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain . .
Cited – Chief Constable of Kent v V 1982
In order to obtain an injunction with respect to property in the possession of a defendant, the right sought to be enforced need not be a proprietary right of the claimant, nor a right for the benefit of the claimant itself. (Slade LJ dissenting) . .
Cited – Chief Constable of Hampshire v A Ltd CA 1984
The court explained Chief Constable of Kent -v- V: ‘jurisdiction to grant an injunction on the application of the Chief Constable in that case existed only if he could be found to have a sufficient interest in making the application, and they appear . .
Cited – Chief Constable of Leicestershire v M and Another ChD 1988
The defendant had obtained money by fraud and used it to purchase property, which then increased in value.
Held: The police did not have any right based on the increase in value to found a claim for an injunction to prevent the defendant . .

Cited by:

Appealed to – 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 – 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

Updated: 09 June 2022; Ref: scu.193581

McCaughey and Another, Re Application for Judicial Review: QBNI 20 Jan 2004

Application by the fathers of Martin McCaughey and Desmond Grew, who were killed by soldiers on 9 October 1990, for Judicial Review of the decisions of the Chief Constable and the Coroner concerning the disclosure of documents for the purposes of the Inquests into the deaths.

Judges:

Weatherup J

Citations:

[2004] NIQB 2

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Jordan v Lord Chancellor and Another (Northern Ireland) HL 28-Mar-2007
In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.
Lord Bingham said: ‘The . .
See Also – Police Service of Northern Ireland v McCaughey and Another CANI 14-Jan-2005
. .
See Also – McCaughey and Quinn, Re Judicial Review CANI 26-Mar-2010
The claimants challenged the mode of inquest sought to be carried out. They had been refused an undertaking that the inquest would comply with obligations under article 2.
Held: The appeal failed. McKerr remained binding on the court, even if . .
See Also – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Lists of cited by and citing cases may be incomplete.

Coroners, Human Rights, Litigation Practice

Updated: 09 June 2022; Ref: scu.192356

Haggis v Director of Public Prosecutions: Admn 7 Oct 2003

Citations:

[2003] EWHC 2481 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Harvey Shopfitters Ltd v ADI Ltd CA 13-Nov-2003
The court dismissed the claimants appeal, but discussed the need now for the parties to file core bundles at least one week before the hearing. Additional agreed bundles of authorities should have the appropriate passages clearly marked and filed . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Litigation Practice

Updated: 08 June 2022; Ref: scu.187611

British Credit Trust Holdings v UK Insurance Limited: QBD 24 Oct 2003

The claimant was permitted to amend the particulars of claim in an insurance dispute in order to seek declaratory relief in respect of insurance claims arising after the proceedings had started.
Held: The lease had been surrendered by a deed.

Judges:

The Honourable Mr Justice Morison

Citations:

[2003] EWHC 2404 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hardy and others v Fowle and Another ChD 26-Oct-2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered.
Held: The lease had been surrendered by a deed. The defects in notice alleged did . .
Lists of cited by and citing cases may be incomplete.

Insurance, Litigation Practice

Updated: 08 June 2022; Ref: scu.187286

Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

The claimant had sought relief for the injury to her health suffered by condition of her flat. The legal advisers had settled the matter, thinking that the claim had not been timeously served. The defendant appealed an order that the compromise was voidable, being based upon a common mistake of law.
Held: ‘Courts should be very slow to set aside and declare compromise agreements void on the ground of alleged common mistakes of fact or law. Before declaring a compromise agreement void the court must be satisfied that the mistake, in this case of law, was both common and fundamental to the making of the compromise agreement or to echo Bell v. Lever Brothers ‘was it the common assumption or pre-condition upon which the compromise agreement was made? ‘ In this case the common mistaken assumption as to the law was the fundamental basis for and precondition of the compromise agreement, indeed its only springboard. The appeal was dismissed.

Judges:

The Hon Mr Justice Morland

Citations:

[2003] EWHC 2493 (QB), Times 07-Nov-2003, [2004] 1 WLR 1240

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Godwin v Swindon Borough Council CA 10-Oct-2001
The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The . .
Cited – Anderton v Clwyd County Council (No 2); Bryant v Pech and Another Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd CA 3-Jul-2002
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
Cited – Huddersfield Banking Co Ltd v Henry Lister and Son Ltd CA 1895
A consent order, which had been completed and acted upon, but without affecting interests of third parties, was set aside by the Court upon the ground of common mistake of fact.
Kay LJ said: ‘A compromise takes place when there is a question . .
Applied – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Pankhania v The London Borough of Hackney ChD 2002
A brochure listing properties to be sold at auction decribed the property as being subject to a terminable licence. In fact it was a secure tenancy. The question arose as to whether a misrepresentation of law could found a cause of action.
Cited – S v S (Ancillary Relief: Consent Order) FD 4-Mar-2002
An order for ancillary relief had been made by consent. Later the House of Lords issued a judgment which changed the law which had been the basis of the decision to accept the settlement. The wife now sought to set aside the consent order, and . .
Cited – Associated Japanese Bank (International) Ltd v Credit du Nord SA 1988
A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines.
Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, . .
Cited – Classic International Pty Ltd v Lagos 2002
(New South Wales Supreme Court) ‘I am satisfied that both parties believed that the agreement for lease would validly take effect according to its terms and that had they known of the substantial variation which the Retail Leases Act 1994 would . .

Cited by:

Appeal from – Brennan v Bolt Burdon and Others, London Borough of Islington, Leigh Day and Co CA 29-Jul-2004
The claimant sought damages for injury alleged to have been suffered as tenant of a house after being subjected to carbon monoxide poisoning, and also from her former solicitors for their delay in her claim. The effective question was whether the . .
Cited – Halpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Housing

Updated: 08 June 2022; Ref: scu.187277

Binks v Securicor Omega Express Ltd: CA 16 Jul 2003

The claimant sought damages for personal injury based upon one version of events. The defendant pleaded another, contrary, set of events and objected when the claimant sought to plead an alternative case to apply if the court found the defendants version of the facts.
Held: The alternative set of facts could be pleaded without the claimant swearing a statement of truth. The claim in the alternative was to be allowed.

Judges:

Mr Justice Maurice Kay Lord Justice Pill Lord Justice Carnwath

Citations:

[2003] EWCA Civ 993, Times 27-Aug-2003

Links:

Bailii

Statutes:

Civil Procedure Rules 22.1

Jurisdiction:

England and Wales

Citing:

Cited – Clarke (executor of the will of Francis Bacon, deceased) v Marlborough Fine Art (London) Ltd and Another ChD 20-Nov-2001
A party will not be allowed to file pleadings which required him to make contradictory statements of truth in a unified claim. The alternative may be for the proceedings to go ahead as separate, non-unified claims. When considering whether there was . .
Cited – Kelly v Chief Constable of South Yorkshire Police CA 2001
At the conclusion of the evidence, the claimant sought to amend her claim to include an alternative factual basis of liability based not on her own evidence but on that of one of the police officers with whom she had been struggling in a car.
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Civil Procedure Rules

Updated: 07 June 2022; Ref: scu.184889

Merer v Fisher and Another: CA 13 May 2003

A right of pre-emption had misdescribed the property when it was registered. The land was transferred without regard to the right of pre-emption. It was found as a fact that no money passed for the transfer, and the claimants said the unregistered right of pre-emption was, under the Act, only void as against a purchaser for value. The defendant sought to challenge the finding as to consideration.
Held: The question on appeal is whether the evidence on which the judge did not make findings, expressly or by implication, demonstrates that the judge’s conclusion on the question as to the existence of the arrangement was plainly wrong. That was not established, and that part of the judgement stood. The claimant sought specific performance, the judge had refused it, but Sudbrook was to be distinguished and an order for specific performance granted.

Judges:

Lord Justice Potter, Lord Justice Mummery And Lady Justice Arden

Citations:

[2003] EWCA Civ 747

Links:

Bailii

Statutes:

Land Charges Act 1925 4(6)

Jurisdiction:

England and Wales

Citing:

Distinguished – Pritchard v Briggs CA 1980
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported . .
Cited – Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’) CA 2002
Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches the matter. Once the appellant has shown a real prospect (justifying permission . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – SS Hontestroom v SS Sagaporack HL 1927
The court discussed the weight to be given by an appellate court to findings of fact made by the court of first instance.
Held: Not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – In Re Duomatic Ltd ChD 1969
Payments were made by a company by way of remuneration to directors without complying with the company’s articles of association in that no resolution authorising the directors to receive remuneration had ever been passed in a general meeting of the . .
Distinguished – Sudbrook Trading Estate Ltd v Eggleton HL 1982
The grantors of an option, which contained a machinery for fixing the price, had refused to appoint a valuer and that made it impossible for the contractual machinery for the valuation of the option price to work. The House of Lords held that the . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Litigation Practice

Updated: 07 June 2022; Ref: scu.182592

Fowler De Pledge (A Firm) v Smith: CA 20 May 2003

The appellant sought two permissions to appeal. Having at one stage been legally aided in proceedings, a claim for his solicitors costs had been compromised. The court records were imperfect. It was not clear whether a circuit judge sitting as a first appeal court had directed that a matter should be heard by another circuit judge as an appeal by way of rehearing, or as a rehearing of the original application.
Held: Courts must be careful to be clear as to just what was being ordered. There was no evidence to justify a finding that Mr Smith had sufficient means to pay the full amount of the costs order against him, whether by consent or not.

Judges:

Lord Justice Schiemann, Lord Justice Brooke and Lord Justice Jonathan Parker

Citations:

[2003] EWCA Civ 703, Times 27-May-2003, Gazette 31-Jul-2003

Links:

Bailii

Statutes:

Legal Aid Act 1988 17

Jurisdiction:

England and Wales

Citing:

Cited – Chaggar v Chaggar CA 1997
When considering making an order that an assisted person make a contribution to costs, the task of the court is set out in s 17: it is to decide the assisted parties’ liability for costs. Those costs must not exceed that which it is reasonable for . .
Cited – Crystall v Crystall CA 1963
When considering an order that a legally aided party should pay all or part of any costs, one of the circumstances, and a compelling circumstance, is the means of the party himself. Whatever one may think of the conduct of a party it would still not . .
Cited – Gooday v Gooday CA 1968
The court considered whether it was appropriate to order a contribution to costs from a legally aided party.
Held: Although the judge was correct that the wife should not have persisted in bringing a hopeless case against the husband, the 1949 . .

Cited by:

Cited – Southern and District Finance Plc v Turner CA 7-Nov-2003
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time.
Held: The rules required an application to be supported by . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Aid

Updated: 07 June 2022; Ref: scu.182342

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 the law, and his mistake was understandable. On established principle, the judge was a judge de facto. The true logic of the doctrine was not only that the acts were validated but also the office. Accordingly, the judge was a properly constituted court for Article 6 purposes.

Citations:

[2003] EWCA Civ 631, Times 11-Apr-2003, Gazette 19-Jun-2003, [2003] EWCA Civ 511, [2003] QB 1428, [2003] 3 All ER 351, [2003] 2 WLR 1618

Links:

Bailii, Bailii

Statutes:

Supreme Court Act 1981 68, European Court of Human Rights 6(1)

Jurisdiction:

England and Wales

Citing:

Cited – Fawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
Grant of leave – Coppard v Customs and Excise CA 5-Nov-2002
Application for leave to appeal out of time – granted. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Human Rights, Constitutional

Updated: 07 June 2022; Ref: scu.180988

Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 3 Apr 2003

Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI.
Held: Legal advice privilege attached to the communications between a client and the solicitor where proceedings were not contemplated, but did not attach to supporting documents. Privilege stemmed from the confidential relationship of client and solicitor and attached only to communications between the client and solicitor. The shift in focus from the dominant purpose of the document to the dominent purpose of the retainer was doubted. Documents prepared for the enquiry rather than as part seeking legal advice were not privileged.

Judges:

Lord Justice Sedley The Master Of The Rolls Lord Justice Longmore

Citations:

[2003] EWCA Civ 474, Times 19-Apr-2003, Gazette 12-Jun-2003, [2003] 3 WLR 667, [2003] QB 1556, [2003] CPLR 349, [2003] All ER (D) 59

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Greenhough v Gaskell CA 1833
The question arose whether the defendant solicitor, sued for fraudulently concealing that his client was insolvent and thereby inducing the plaintiff to issue a promissory note on the client’s behalf, could claim privilege in respect of . .
Cited – In Re L (A Minor) (Police Investigation: Privilege) HL 22-Mar-1996
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given . .
Cited – Southwark and Vauxhall Water Company v Quick CA 1878
The water company sued its former engineer. Anticipating the action, documents were prepared for the company’s solicitor’s advice, though one (a shorthand transcript of a conversation between a chimney sweep employed by the company and the company’s . .
Cited – Ventouris v Mountain CA 1991
It is in the interests of the state which provides the court system and its judges at taxpayers’ expense that legal advisers should be able to encourage strong cases and discourage weak cases. ‘It is the protection of confidential communications . .
Cited – Re Highgrade Traders Ltd CA 1984
The court rejected a claim for legal advice privilege in relation to reports commissioned by an insurance company after a suspected arson. The documents were reports prepared by third parties rather than employees of the company. After considering a . .
Cited – Price Waterhouse v BCCI Holdings (Luxembourg) SA CA 1992
A claim for legal advice privilege was rejected for reports written by accountants both when the accountants were independent and when they reconstituted themselves as a committee of the client. However, legal advice privilege attaches to all . .
Cited – Hellenic Mutual War Risks Association (Bermuda) Ltd v Harrison (‘The Sagheera’) ChD 1997
The dominant purpose test applies in relation to legal advice privilege in a different way from the way it applies in relation to litigation privilege. In legal advice privilege the practical emphasis is upon the purpose of the retainer. If the . .

Cited by:

Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Cited – United States of America v Philip Morris Inc and others QBD 10-Dec-2003
Witness orders were sought in respect of professionals resident in England to support litigation in the US. They objected on the ground that the terms of the order sought suggested improper behaviour, and that an order would anticipate breach of . .
Cited – Three Rivers District Council and others v The Governor and Co of the Bank of England (No 6) CA 1-Mar-2004
The Bank of England had sought assistance from its lawyers to prepare for a private non-statutory enquiry. The claimant sought disclosure of that advice. The defendant bank claimed legal professional privilege.
Held: Not all advice given by a . .
Cited – United States of America v Philip Morris Inc and Others and British American Tobacco (Investments) Ltd CA 23-Mar-2004
The defendants appealed orders requiring them to produce evidence for use in the courts in the US.
Held: It was the pleasure and duty of British courts to respond positively to a letter of request. Public interest required that a court should . .
Cited – USP Strategies Plc and Another v London General Holdings Ltd and others ChD 1-Mar-2004
In the course of litigation, in the course of which summaries of advice given to the defendants by their lawyers was produced in evidence. They sought that it be struck out as protecetd by legal privilege.
Held: Though summarised, the . .
Cited – Ford, Regina (on The Application of) v The Financial Services Authority Admn 11-Oct-2011
The claimant sought, through judicial review, control over 8 emails sent by them to their lawyers. They claimed legal advice privilege, but the emails contained advice sent by their chartered accountants. The defendant had sought to use them in the . .
Cited – Astex Therapeutics Ltd v Astrazeneca Ab ChD 8-Nov-2016
The parties had agreed to work tgether in the development of new drugs, but came to dispute whether certain projects were subject to the agreement. The claimant sought details of the defendant’s internal documents justifying that conclusion. The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice

Updated: 07 June 2022; Ref: scu.180588

Mitchell and Holloway v The United Kingdom: ECHR 17 Dec 2002

The applicant had become involved in civil proceedings which extended over ten years. They complained of an infringement of their human rights through the delay.
Held: The court had to take account of the complexity of the matter. This had been complex in fact and law, and one party had been obstructive. Nevertheless, some four years had passed between the action being ready for trial, and a date being made available by the respondent. That delay could not be excused by saying the party might have taken alternative steps. The failure to provide resources had denied the applicant’s right to a hearing within a reasonable time.

Citations:

Times 28-Dec-2002, 44808/98, [2002] ECHR 812, [2002] ECHR 818

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6.1

Human Rights, Litigation Practice

Updated: 06 June 2022; Ref: scu.178597

The Attorney-General v Jones: 3 May 1832

Practice. Dismissal of Bill.
Iri computing the time within which a bill may be dismissed, on the ground of no proceedings having been taken siiice the answer was filed, the intervals mentioned in the Nineteenth Amended Order are not to be reckoned.

Citations:

[1832] EngR 566, (1832) 5 Sim 246, (1832) 58 ER 329 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 06 June 2022; Ref: scu.319513

Joseph Ellis v Alfred Abrahams: 18 Apr 1846

In an action for malicious prosecution for perjury, where the indictment contains two assignments of perjury, if the plairitiff, at the trial of the action, confine his case to one of the assignments, the defendant is riot etititled to prove that there was reasonable and probable cause for the charge contained in the other assignment.

Citations:

[1846] EngR 551, (1846) 8 QB 709, (1846) 115 ER 1039

Links:

Commonlii

Jurisdiction:

England and Wales

Torts – Other, Litigation Practice

Updated: 06 June 2022; Ref: scu.302446

Collins and Rigley v Evans and Wheelton: 1844

Error was brought in the Exchequer Chamber on the record in Emms v, Collins, the grounds assigned, in addition to the common ones, being that the declaration was not sufficient in law (a), and that the third plea was sufficient. The case was argued in last Michaelmas vacation.

Citations:

[1844] EngR 11, (1844) 5 QB 820, (1844) 114 ER 1459

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 06 June 2022; Ref: scu.304603

Knauf UK Gmbh v British Gypsum Ltd and Another: ComC 23 Apr 2002

Citations:

[2002] EWHC 739 (Commercial)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Knauf UK GmbH v British Gypsum Ltd and Another CA 24-Oct-2001
Permission was sought to use alternative service to serve proceedings on a company. There was no exceptional difficulty in ordinary service, but the claimant wanted to ensure that a claim was heard within the UK jurisdiction, and expected that he . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 June 2022; Ref: scu.175488

Walsh Automation (Europe) Ltd v Bridgeman and others: QBD 4 Jul 2002

Appeal from refusal of order for disclosure of legal advice given to a party. It was alleged that the defendant’s suggested attempt at fraud by means of a document drawn up by the solicitors would be revealed by disclosure of the advice given.

Judges:

Eady J

Citations:

[2002] EWHC 1344 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Gamlen Chemical Co (UK) Ltd v Rochem Ltd CA 4-Dec-1979
Solicitors accepted instructions against a promise of sums on account of costs. After non-payment they began to apply to be removed from the record. The new solicitors sought transfer of the solicitors file, and obtained an order to that effect . .
Cited – Buttes Oil and Gas Co v Hammer CA 1981
Reports made by employees to their employers or by agents to their principals are not privileged unless they satisfy, and are privileged if they are reports made for the purpose of being laid before the party’s legal adviser for the purpose of . .

Cited by:

Cited – X v Y Ltd (Practice and Procedure – Disclosure) EAT 9-Aug-2018
Iniquity surpasses legal advice privilege
PRACTICE AND PROCEDURE – Disclosure
PRACTICE AND PROCEDURE – Striking-out/dismissal
An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 June 2022; Ref: scu.175315

Taylor v Williamsons (a Firm): CA 17 Jul 2002

The judge concluded hearing evidence, and requested counsel to make their submissions before a certain date. Before that date, and forgetful of his request, he issued his judgement. On realizing his mistake, he withdrew his judgment. The claimant appealed his refusal to recuse himself and order a re-trial.
Held: This was an unfortunate case, but there was no element of bias, and the judge having corrected his mistake could not be thought to be biased. A fair minded and informed observer would not have seen bias.

Judges:

Lord Justice Ward, Lord Justice Tuckey and Lord Justice Clarke

Citations:

Times 09-Aug-2002, Gazette 19-Sep-2002, [2002] EWCA Civ 1380

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In re Medicaments and Related Classes of Goods (No 4) CA 26-Jul-2001
The parties had expended very considerable sums preparing for a hearing. The hearing became abortive when it was questioned whether a member of the court had given the appearance of bias. The parties sought payment of their wasted costs from the . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Natural Justice

Updated: 06 June 2022; Ref: scu.174708

Barbara Alison Al-Sabah and Another v Grupo Torras S A and Others: PC 10 Oct 2000

PC (Jersey) The board refused special leave to appeal: ‘Normally all such questions of case management are matters for the courts concerned and are not suitable for any further review before their Lordships’ Board. The directions and orders which may be made cover a spectrum of possibilities and have to take into account all the prevailing local circumstances. In the absence of some error of principle or other special factor, leave should not ordinarily be granted for any further appeal. Such interlocutory appeals inevitably delay the action. This is the position in the present case. Their Lordships have advised that special leave be refused ‘

Judges:

Lord Hobhouse of Woodborough Lord Scott of Foscote Sir Ivor Richardson

Citations:

[2000] UKPC 38

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) CA 21-Mar-1997
The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al CA 2-Oct-1997
A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. . .
See Also – Grupo Torras SA and Another v Al-Sabah and others Lst CA 6-Feb-1998
. .
See Also – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
See Also – Grupo Torras Sa and Another v Al-Sabah and others CA 30-Jul-2001
The hearing followed others concluding that the claimant had been defrauded of substantial sums by the defendants. The parties sought clarifications. . .
See Also – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
Held: In earlier . .

Cited by:

See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) CA 21-Mar-1997
The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al CA 2-Oct-1997
A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. . .
See Also – Grupo Torras SA and Another v Al-Sabah and others Lst CA 6-Feb-1998
. .
See Also – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
See Also – Grupo Torras Sa and Another v Al-Sabah and others CA 30-Jul-2001
The hearing followed others concluding that the claimant had been defrauded of substantial sums by the defendants. The parties sought clarifications. . .
See Also – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
Held: In earlier . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice

Updated: 06 June 2022; Ref: scu.174675

Fawdry and Co (A Firm) v Murfitt: CA 14 May 2002

The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The court considered the comon law doctrine of de facto officers. She was in fact not a judge of the High Court but had acted in good faith, and the parties had accepted her jurisdiction. The parties had received a fair trial before a lawfully constituted tribunal.

Judges:

Lord Justice Ward, Lord Justice Sedley And Lady Justice Hale

Citations:

[2002] EWCA Civ 643, [2003] QB 104

Links:

Bailii

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

England and Wales

Citing:

Cited – Adams v Adams 1971
Despite the lack of modern English authority applying the doctrine, it was still part of the English common law, that the acts of a de facto officer were validated. The de facto officer must have some basis for his assumption of office, variously . .
Cited – Pfeifer And Plankl v Austria ECHR 25-Feb-1992
Two of the judges who had acted in Mr Pfeifer’s case also presided at his trial, despite a clear provision of the Code of Criminal Procedure disqualifying them. The Commission dealt with whether the court was ‘established by law’ separately from . .
Cited – Curtin v Barton 1893
(New York) ‘When a court with competent jurisdiction is duly established, a suitor who resorts to it for the administration of justice and the protection of private rights should not be defeated or embarrassed by questions relating to the title of . .

Cited by:

Cited – 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 . .
Cited – Baldock v Webster and Others CA 21-Dec-2004
The claimant alleged negligence against his solicitors in having failed to challenge an order made ultra vires by a county court judge.
Held: The common law doctrine of de facto jurisdiction validated the decision of the judge. The recorder . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Human Rights

Updated: 06 June 2022; Ref: scu.171248

Johnson v Gore Wood and Co (A Firm): QBD 20 Feb 2002

The claimant alleged negligence by the defendant solicitors.

Judges:

The Hon Mr Justice Hart

Citations:

[2002] EWHC 776 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .

Cited by:

See Also – Johnson v Gore Wood and Co (A Firm) ChD 3-May-2002
The respondent firm acted on behalf of the claimant’s companies in land transactions. An option had been taken to purchase land, and he instructed the defendants to exercise it. The landowner claimed the notice to exercise the option was invalidly . .
See Also – William John Henry Johnson v Gore Wood and Co CA 3-Dec-2003
. .
See Also – William John Henry Johnson v Gore Wood and Co CA 27-Jan-2004
The defendant had made a substantial payment into court in protracted proceedings.
Held: The comparison between the payment in and the eventual amount of damages awarded should be assessed on the basis of the damages calculated as at the date . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 June 2022; Ref: scu.170274

Genira Trade and Finance Inc v CS First Boston and Standard Bank (London) Limited: CA 21 Nov 2001

The court considered the circumstances under which it could be called upon to assist a foreign court.
Held: It is the duty and pleasure of the court to give all such assistance as it can to the requesting court within the limits imposed by the 1975 Act from which the jurisdiction to make orders of this kind is derived.

Citations:

[2001] EWCA Civ 1733

Links:

Bailii

Statutes:

Evidence (Proceedings in other Jurisdictions) Act 1975

Jurisdiction:

England and Wales

Cited by:

Cited – United States of America v Philip Morris Inc and others QBD 10-Dec-2003
Witness orders were sought in respect of professionals resident in England to support litigation in the US. They objected on the ground that the terms of the order sought suggested improper behaviour, and that an order would anticipate breach of . .
Cited – United States of America v Philip Morris Inc and Others and British American Tobacco (Investments) Ltd CA 23-Mar-2004
The defendants appealed orders requiring them to produce evidence for use in the courts in the US.
Held: It was the pleasure and duty of British courts to respond positively to a letter of request. Public interest required that a court should . .
Lists of cited by and citing cases may be incomplete.

Banking, Litigation Practice

Updated: 05 June 2022; Ref: scu.167824

Chan U Seek v Alvis Vehicles Ltd: ChD 8 Dec 2004

A newspaper, not party to the proceedings, sought access to the Court files, anticipating a significant journalistic story.
Held: Park J allowed the application for copies of certain pleadings and witness statements that had been placed before the court at a hearing in public, even though the application was made after the case had settled. The general principle that the judge applied was that: ‘the courts favour disclosure rather than the withholding of materials if the materials have featured in proceedings in open court.’ In deciding what counted as materials featuring in proceedings in open court he said that: ‘The reference to documents which have been read in open court must, in my view, be regarded as covering the pleadings, and also witness statements which were confirmed in general terms by their makers and which stood as evidence in chief.’

Judges:

Park J

Citations:

[2005] 1 WLR 2965, [2005] EMLR 19, [2005] 3 All ER 155

Links:

Bailii

Statutes:

Civil Procedure Rules

Jurisdiction:

England and Wales

Citing:

See Also – Chan U Seek v Alvis Vehicles Ltd ChD 8-May-2003
The claimant appealed a striking out order.
Held: If a claim stood no chance of success, then it should not be allowed to proceed, but where the claim was merely weak it should not be struck out. That would be inconsistent with the needs of . .

Cited by:

Cited – ABC Ltd v Y ChD 6-Dec-2010
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 05 June 2022; Ref: scu.535110

Miller v Allied Sainif (UK) Ltd: ChD 31 Oct 2000

In a simple case it was appropriate for a solicitor to apply by post for an order to declare that he had ceased to represent a party. This was a reasonable way of minimising costs for all parties, but the solicitor must be ready to consider whether attendance might be required.

Citations:

Times 31-Oct-2000

Jurisdiction:

England and Wales

Litigation Practice, Legal Professions

Updated: 05 June 2022; Ref: scu.83723

Natwest Lombard Factors Ltd v Arbis: ChD 10 Dec 1999

In order to mark the fundamental nature of the changes from the old civil procedure rules to the new, there can be no assumption made that phrases interpreted under the old rules would be interpreted identically under the new ones, even though the form of words chosen was identical.

Citations:

Times 10-Dec-1999

Jurisdiction:

England and Wales

Litigation Practice

Updated: 05 June 2022; Ref: scu.84235

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 the person served. Subject to the agreement of the parties and the convenience of the third party, the practice should continue.

Judges:

Sir Donald Nicholls VC

Citations:

Ind Summary 08-Aug-1994, Gazette 07-Dec-1994, Times 19-Jul-1994, [1995] 1 WLR 121

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

Litigation Practice

Updated: 05 June 2022; Ref: scu.82767

Memory Corporation Plc and Another v Sidhu: ChD 21 May 1999

Where counsel proposing an asset freezing order fails to mention a case relevant to the issue, the order need not thereby be discharged. This is as against a failure to disclose a material fact, which would lead to a discharge of the order.

Judges:

Hart J

Citations:

Gazette 16-Jun-1999, Times 31-May-1999

Jurisdiction:

England and Wales

Citing:

See Also – Memory Corporation Plc, Datrontech Hong Kong Limited v Sukhbir Singh Sidhu, Sunsar Limited ChD 3-Nov-1999
. .

Cited by:

See Also – Memory Corporation Plc, Datrontech Hong Kong Limited v Sukhbir Singh Sidhu, Sunsar Limited ChD 3-Nov-1999
. .
On Appeal from – Memory Corporation v Sidhu (No 2) CA 3-Dec-1999
Where a party applied to court for an ex parte order, counsel had direct duties to the court, and also the supporting legal team and clients had continuing and overlapping duties. There was little to be gained by trying to analyze these things too . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 June 2022; Ref: scu.83626

Morris and Others v Banque Arabe et Internationale D’Investissement Sa: ChD 23 Dec 1999

A party which had been ordered to produce documents which were under its control but in a foreign jurisdiction, did not have the right to refuse to produce them on the grounds that this would require them to breach the laws of the jurisdiction in which they were held. That was clearly a relevant consideration, but the decision remained that of the court which had a wide discretion. Rules regarding the enforcement of illegal contracts were not directly comparable.

Citations:

Times 23-Dec-1999, Gazette 07-Jan-2000

Jurisdiction:

England and Wales

Litigation Practice, International

Updated: 05 June 2022; Ref: scu.83844

Morris and Others v Director of SFO and Others: ChD 17 Feb 1993

The owner of documents should be joined in an application to SFO to disclose documents obtained by them.

Judges:

Sir Donald Nicholls VC

Citations:

Gazette 17-Feb-1993

Statutes:

Criminal Justice Act 1987 3 4 5

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 June 2022; Ref: scu.83846

Savings and Investment Bank Ltd (in Liquidation) v Fincken: CA 6 Nov 2001

When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have to be proved to support each version. The mere addition of a new remedy for the same cause of action was not a new claim.

Judges:

Lord Justice Peter Gibson, Lord Justice Robert Walker and Lord Justice Keene

Citations:

Times 15-Nov-2001, Gazette 14-Dec-2001, [2001] EWCA Civ 1639

Links:

Bailii

Statutes:

Limitation Act 1980 3

Jurisdiction:

England and Wales

Citing:

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 – Steamship Mutual Underwriting Association Ltd v Trollope and Colls Ltd CA 1986
The employers sued the builders and architects alleging defects in the air conditioning system. Later, cracking and displacement of the walls was discovered, caused allegedly by not having sulphate resisting cement, and defects in the wall ties. . .
Approved – 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 . .
Appeal from – Savings and Investment Bank Ltd (in Liquidation) v Fincken ChD 2-Mar-2001
The process of testing whether a new cause of action was proposed by an amendment of pleadings to bring into question application of the Limitation Acts, was conducted by asking at what level of abstraction was it claimed that there were one or two . .

Cited by:

See Also – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Cited – Brown v Rice and Another ChD 14-Mar-2007
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Limitation

Updated: 04 June 2022; Ref: scu.166780

Sarwar v Alam: CA 19 Sep 2001

Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought to recover the costs of the legal expenses insurance. A challenge of a judge’s award in costs only proceedings should only rarely succeed. In such questions, the danger of conflicts of interest between the various insurance companies is real, and had been provided for in the regulations. Solicitors should inspect the client’s various policies to clarify what legal expenses insurance was available. The need to provide free choice of solicitors did not override common provisions for small cases referring such matters to insurance panel solicitors. In a case where a passenger sued his driver, it was not appropriate for his choice of solicitor to be determined by the defendant’s insurers, and after the event legal expenses insurance was a proper and reasonable expense and should be recoverable.

Judges:

Judge Halbert, District Judge Wallace

Citations:

Times 11-Oct-2001, [2001] EWCA Civ 1401, [2002] RTR 12, [2001] 4 All ER 541, [2002] 1 WLR 125, [2002] 1 Costs LR 37, [2002] Lloyd’ Rep IR 126, [2002] PIQR P15

Links:

Bailii

Statutes:

Insurance Companies (Legal Expenses Insurance) Regulations 1990, Conditional Fee Agreements Regulations 2000, Civil Procedure Rules 44.12A

Jurisdiction:

England and Wales

Citing:

Cited – Callery v Gray (No 2) CA 31-Jul-2001
A plaintiff could recover the costs of insuring himself against the risk of having to pay the other sides costs, and finding his own costs irrecoverable (after the event or ATE insurance). The earlier case had decided that such premiums may be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Damages, Costs, Legal Professions, Insurance

Updated: 04 June 2022; Ref: scu.166184

Leyvand v Barasch and Others: ChD 16 Mar 2000

In a partnership dispute the defendants sought an order for security for costs against the claimant, saying that he was ordinarily resident abroad. It was held that under the new regime such an order would not follow as a matter of course. The sole test was what was the just in the particular case. The existence of assets within the jurisdiction was relevant, and in this case the claimant had lived for a long time here, and had substantial assets here, and such an order was unnecessary.

Citations:

Gazette 16-Mar-2000, Times 23-Mar-2000

Jurisdiction:

England and Wales

Costs, Litigation Practice

Updated: 04 June 2022; Ref: scu.83057

Kirin Amgen Inc and Others v Transkaryotic Therapies Inc and Others: ChD 1 Jun 2001

The court has power to review its judgment at any point before the order has been drawn up, and this remained the case despite other changes in the rules. Here an authority inconsistent with the judgment had been brought to the attention of the judge. The judge wished to review his judgment. The ability to do so was not dependent upon the former absence of a right of appeal, and was not therefore lost under new rules intended to provide greater flexibility. Even so, and after review, he was not inclined to alter his decision.

Citations:

Times 01-Jun-2001, Gazette 14-Jun-2001

Jurisdiction:

England and Wales

Litigation Practice, Civil Procedure Rules

Updated: 04 June 2022; Ref: scu.82804

MacDonald v Taree Holdings Ltd: ChD 28 Dec 2000

It was wrong to deprive a party of his costs because only of his failure to serve an appropriate schedule of costs at least 24 hours before the summary assessment hearing. The court should consider first, a brief adjournment, and second whether the case should be stood over for a detailed assessment, and third whether it should be stood over for a summary assessment. In the absence of other aggravating features, it was wrong to refuse entirely a party his costs. The remedy was disproportionate. The court should make use of other ways of penalising a party in default.

Citations:

Times 28-Dec-2000, Gazette 08-Feb-2001

Statutes:

Civil Procedure Rules Part 44

Jurisdiction:

England and Wales

Commercial, Litigation Practice

Updated: 04 June 2022; Ref: scu.83270

GKR Karate (UK) Limited v Porch, Yorkshire Post Newspaper, Holmes: QBD 17 Jan 2000

The claimant sought damages alleging defamation. The judge ordered certain elements of the case to be heard first, and others, if necessary later. Although the case had been begun under the old rules, the new civil procedure regime gave the judge much wider powers of management, and defamation cases were notoriously expensive and lengthy and the powers were particularly appropriate for use in defamation cases. As to qualified privilege: ‘A privileged occasion exists if the public is entitled to know the particular information. That is, if it was the journalist’s social or moral duty to communicate it and the interest of the particular public to receive it. This is determined in the light of all the circumstances of the publication and, in particular, whether the sources were, or appeared to be reliable, to a reasonable and responsible journalist. While Lord Nicholls’ ten examples are not to be taken as written in stone, they form the basic framework upon which a judge can do the balancing exercise.’ and ‘In particular, I am adjured to avoid hindsight, attach importance to the freedom of expression, be slow to conclude that publication was not in the public interest, to resolve any lingering doubts in favour of publication, and to be flexible in my approach.’

Judges:

Sir Oliver Popplewell

Citations:

Gazette 27-Jan-2000, Times 09-Feb-2000, [2000] EWHC QB 180, (2000) EMLR 396

Links:

Bailii

Cited by:

Cited – MacIntyre v Phillips and Others CA 24-Jul-2001
The appellant police officers and others were defendants in an action for defamation. They appealed a refusal of a trial of the preliminary issue as to whether they had the benefit of qualified privilege. They said that recent case law (GKR Karate . .
Appeal from – GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1) CA 21-Jan-2000
It was arguable that a defendant in defamation proceedings could pray in aid in his claim for qualified privilege circumstances not known to him at the time of the publication: ‘there was a real, if problematic, prospect of success.’
May LJ . .
Cited – Loutchansky v Times Newspapers Limited (No 2) CA 12-Mar-2001
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to . .
Cited – Armstrong v Times Newspapers Ltd and David Walsh, Alan English CA 29-Jul-2005
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity.
Held: The defence of qualified . .
Cited – Grobbelaar v News Group Newspapers Ltd and Another CA 18-Jan-2001
The claimant had been awarded andpound;85,000 damages in defamation after the defendant had wrongly accused him of cheating at football. The newspaper sought to appeal saying that the verdict was perverse and the defence of qualified privilege . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice, Media

Updated: 04 June 2022; Ref: scu.163132

Langnese-Iglo v Commission: ECJ 1 Oct 1998

By virtue of Article 168a of the Treaty and the first paragraph of Article 51 of the Statute of the Court of Justice, an appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. As regards matters of evidence, it is for the Court of First Instance alone to assess the value which should be attached to the evidence adduced before it, save where the sense of that evidence has been distorted.
Having regard to the legal nature of comfort letters, the sending of such a letter, in which the Commission has reserved the right to re-open the procedure in the event of there being any appreciable change affecting certain matters of law or of fact on which its assessment had been based, cannot entail the consequence that the Commission, when actually re-opening the procedure, would no longer be entitled to take account of a factual situation which existed before the comfort letter was sent but was brought to its notice only later, particularly in connection with a complaint lodged at a later stage.
Since Article 3 of Regulation No 17 is to be applied according to the nature of the infringement found, although the Commission may by decision require undertakings and associations of undertakings to bring to an end an infringement of Article 85 of the Treaty deriving from an exclusive purchasing agreement, it may not prohibit the conclusion of any such agreements in the future.

Citations:

C-279/95, [1998] EUECJ C-279/95P

Links:

Bailii

Jurisdiction:

European

Citing:

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

Litigation Practice

Updated: 03 June 2022; Ref: scu.161665

Biogen v Smithkline Beecham Biologicals: ECJ 26 Feb 1996

ECJ (Order) A natural or legal person who has not sought or been granted leave to intervene before the national court is not entitled to apply for leave to intervene in preliminary ruling proceedings before the Court of Justice in order to submit observations on the question raised by the national court.
Article 37 of the Statute of the Court recognizes a right to intervene, but only in contentious proceedings designed to settle a dispute and not in proceedings under Article 177 of the Treaty; Article 177 provides for a right to submit observations but limits that right, as far as natural and legal persons are concerned, to those who are parties to the action pending before the national court seeking a ruling from the Court of Justice.

Citations:

C-181/95, [1997] ECR I-386, [1997] RPC 833

Links:

Bailii

European, Litigation Practice

Updated: 03 June 2022; Ref: scu.161608

Donatab Srl and others v Commission of the European Communities (Rec 1993,p I-3955) (Order): ECJ 9 Jul 1993

ECJ Where the main action to which an application for interim measures attaches is dismissed as inadmissible, the latter application is itself inadmissible.

Citations:

C-64/93, [1993] EUECJ C-64/93

Links:

Bailii

European, Commercial, Litigation Practice

Updated: 03 June 2022; Ref: scu.161088