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Litigation Practice: Case Law, Legislation, Links 05-12-16

Litigation Practice: Case Law, Legislation, Links 05-12-16

Postby dls » Mon Dec 05, 2016 6:23 am

The practice and procedure of civil litigation.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Aadan -v- Brent London Borough Council; CA 3-Dec-1999 - On a day when the court office is closed, the time for filing documents is accordingly extended by one day, if the expiring day would otherwise have been that day. A request for an appeal was due to be filed within 21 days. The last day was a day on which the court was closed. This made filing impossible for that day.
    Berg -v- IML London Ltd; 2002 - A judge should recuse himself only if, subjectively, he considered that the knowledge he acquired of privileged communications disabled him from fairly continuing with the case or, objectively, a fair-minded and informed observer would conclude that there was a real possibility or a real danger that there could not be or would not be a fair trial.
    Cart -v- The Upper Tribunal; SC 21-Jun-2011 - Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded.
    Chapman and Another -v- Simon; CA 1994 - The Industrial Tribunal has no jurisdiction to consider and rule upon other acts of racial discrimination not included in the complaints in the Originating Application.
    Director General of Fair Trading -v- First National Bank; HL 25-Oct-2001 - A term in a lender’s contract providing that interest would run after as well as before judgment, was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a penalty. The provision excluding the award of statutory interest after judgment did not operate to exclude the contractual term, and the inconsistency would not defeat the regulations if such clauses were only allowed to operate if they fell fairly and squarely within the section.
    Foakes -v- Beer; HL 16-May-1884 - Mrs Beer obtained judgment against Dr Foakes for £2,090 19s. He asked for time to pay and they agreed with him, acknowledging the debt, and paying part immediately and undertaking to pay the balance over a period of time. In consideration of the part payment and Dr Foakes’s undertaking to pay the balance in instalments Mrs Beer agreed not to take any proceedings on the judgment. After the whole sum had been paid, however, she sought to take proceedings on the judgment to recover interest.
    Getmapping plc -v- Ordnance Survey; ChD 31-May-2002 - The claimant sought an injunction to prevent the defendant using its overwhelming resources to enter into and take over the provision of computer based mapping services in the UK. Held: The proper issue was not the use or origin of the resources to be used by a dominant member of the market, save only when such resources had been acquired themselves through anti-competitive, or other wrongful behaviour.
    Henderson -v- Henderson; 20-Jul-1843 - The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
    Hill (As Trustee In Bankruptcy of Nurkowski) -v- Spread Trustee Company Ltd and Another; CA 12-May-2006 - The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors.
    In re Grayan Building Services Ltd; CA 1995 - The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question.
    In Re J; 1990 - An expert witness should state the facts or assumption upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded opinion. An expert witness should provide independent assistance to the Court by way of objective unbiased opinion in relation to matters within his expertise. The standards set for experts in civil cases apply equally in family proceedings.
    In Re K (Infants); CA 2-Jan-1963 - The court discussed the need for those appearing before tribunals to be given sufficient access to all the material placed before the judge. Upjohn LJ said: ‘It seems to be fundamental to any judicial inquiry that a person or other properly interested party must have the right to see all the information put before the judge, to comment on it, to challenge it and if needs be to combat it, and to try to establish by contrary evidence that it is wrong . ."
    Kiani -v- Land Rover Ltd Others; CA 28-Jun-2006 - Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover suggested that his death was suicide. There were thus two possible explanations. The first instance judge had found suicide to be a less than probable explanation, he found that it occurred as a result of accident because the tank had its hatch left open and that Mr. Kiani had probably gone over to have a look, overbalanced and fallen in.
    Morris -v- London Iron and Steel Co Ltd; CA 1988 - The applicant claimed before an industrial tribunal that he had been unfairly dismissed. His former employer alleged that, instead of being dismissed, he had resigned. The tribunal rehearsed the rival evidence of dismissal and resignation, found that the probabilities were equally balanced and dismissed the application on the basis that the applicant had not discharged the burden of proof.
    Norwich Pharmacal Co and others -v- Customs and Excise Commissioners; HL 26-Jun-1973 - The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents.
    Held: If someone, even innocently became involved in tortious acts committed by third parties, he became under a duty assist in discovery of the identity of the third party wrongdoers. How the information was acquired was not relevant. Duties of confidence owed by taxation authorities could be overborne if necessary.
    Trendtex Trading Corporation -v- Credit Suisse; HL 1981 - A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act.
Legislation:
    1737
    1804
      Habeas Corpus Act 1804 / 102 -|- Case law
      An Act for the more effectual Administration of Justice in England and Ireland by the issuing of Writs of Habeas Corpus ad testificandum, in certain Cases.
    1838
    1852
      Common Law Procedure Act 1852 / 76 -|- Case law -|- See Also:, Landlord and Tenant
      An Act to amend the Process, Practice, and Mode of Pleading in the Superior Courts of Common Law at Westminster, and in the Superior Courts of the Counties Palatine of Lancaster and Durham.
    1854
      Common Law Procedure Act 1854 / 125 -|- Case law
      An Act for the further Amendment of the Process, Practice, and Mode of Pleading in and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster, .
    1920
      Administration of Justice Act 1920 / 81 -|- Case law -|- See Also:, Jurisdiction
      An Act to amend the law with respect to the administration of justice and to facilitate the reciprocal enforcement of judgments and awards in the United Kingdom and other parts of His Majesty’s Dominions or Territories under His Majesty’s protection .
    1926
    1933
      Administration of Justice (Miscellaneous Provisions) Act 1933 / 33 -|- Case law -|- See Also: Criminal Practice
      An Act to abolish grand juries and amend the law as to the presentment of indictments; to provide for the summary determination of questions as to liability for death duties; to make provision for alternative procedure for the recovery of Crown debts and to enable proceedings by the Crown to be instituted in county courts in appropriate cases; to amend the procedure as to certain prerogative writs and as to trials by jury in the High Court; to amend the law as to the payment of costs by and to the Crown; to provide for the further delegation of the jurisdiction of the Master in Lunacy; and for purposes connected with the matters aforesaid.
    1934
      Administration of Justice (Appeals) Act 1934 / 40 -|- Case law
      An Act to provide that no appeal shall lie from the Court of Appeal to the House of Lords except with the leave of that Court or the House of Lords, to make further provision as respects appeals from county courts, and for purposes connected with the matters aforesaid.
    1947
      Crown Proceedings Act 1947 / 44 -|- Case law -|- See Also:, Torts - Other
      An Act to amend the law relating to the civil liabilities and rights of the Crown and to civil proceedings by and against the Crown, to amend the law relating to the civil liabilities of persons other than the Crown in certain cases involving the affairs or property of the Crown, and for purposes connected with the matters aforesaid.
    1960
      Administration of Justice Act 1960 / 65 -|- Case law -|- See Also: Criminal Practice, Contempt of Court
      An Act to make further provision for appeals to the House of Lords in criminal cases; to amend the law relating to contempt of court, habeas corpus and certiorari; and for purposes connected with the matters aforesaid.
    1968
    1969
      Administration of Justice Act 1969 / 58 -|- Case law -|- See Also:, Wills and Probate, Intellectual Property
      An Act to increase the jurisdiction of county courts and to amend the County Courts Act 1959; to make further provision for appeals from the High Court (whether in England and Wales or in Northern Ireland) to the House of Lords; to enable wills and codicils to be made for mentally disordered persons; to make provision for interim payments to be made where proceedings are pending, and for conferring powers to be exercisable by the court before the commencement of an action, and to make further provision with respect to interest on damages; to enable any jurisdiction of the High Court to be assigned to two or more Divisions concurrently; to enable the Appeal Tribunals under the Patents Act 1949 and the Registered Designs Act 1949 to consist of two or more judges; to change the title and qualification of clerks to registrars of the Chancery Division; to make further provision with respect to miscellaneous matters, that is to say, certain employments in the offices of the Supreme Court, records of grants of probate and grants of administration and the making of second and subsequent grants, admission as a public notary, pension rights and related matters in connection with certain judicial offices, and the stipend and fees of the Chancellor of the County Palatine of Durham; to extend the legislative power of the Parliament of Northern Ireland with respect to grand juries and indictments; and for purposes connected with the matters aforesaid.
    1971
    1977
    1978
      Interpretation Act 1978 / 30 -|- Case law
      An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
    1979
    1981
      Senior Courts Act 1981 / 54 -|- Case law -|- See Also: Health, Criminal Practice
      (Formerly Supreme Court Act 1981) An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the Senior Courts in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes.
      Contempt of Court Act 1981 / 49 -|- Case law -|- See Also: Contempt of Court, Media
      An Act to amend the law relating to contempt of court and related matters.
    1983
    1988
      Matrimonial Proceedings (Transfers) Act 1988 / 18 -|- Case law -|- See Also:, Family
      An Act to empower the High Court to transfer to county courts certain matrimonial proceedings and to validate certain High Court orders purporting to transfer such proceedings to county courts; and for connected purposes.
      Court of Session Act 1988 / 36 -|- Case law -|- See Also: Scotland
      An Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility.
    1990
      Courts and Legal Services Act 1990 / 41 -|- Case law -|- See Also: Legal Professions
      An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor’s Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974; to amend the Arbitration Act 1950; to make provision with respect to certain loans in respect of residential property; to make provision with respect to the jurisdiction of the Parliamentary Commissioner for Administration in connection with the functions of court staff; to amend the Children Act 1989 and make further provision in connection with that Act; and for connected purposes.
    1995
      Private International Law (Miscellaneous Provisions) Act 1995 / 42 -|- Case law -|- See Also:, International, Family, Torts - Other
      An Act to make provision about interest on judgment debts and arbitral awards expressed in a currency other than sterling; to make further provision as to marriages entered into by unmarried persons under a law which permits polygamy; to make provision for choice of law rules in tort and delict; and for connected purposes.
    1996
      Party Wall etc Act 1996 / 40 -|- Case law -|- See Also: Land
      An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes.
    1998
      Human Rights Act 1998 / 42 -|- Case law -|- See Also: Human Rights
      An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes.
    2003
      Courts Act 2003 / 39 -|- Explanatory Note -|- Case law -|- See Also: Magistrates
      An Act to make provision about the courts and their procedure and practice; about judges and magistrates; about fines and the enforcement processes of the courts; about periodical payments of damages; and for connected purposes.
    2005
    2007
      Tribunals, Courts and Enforcement Act 2007 / 15 -|- Explanatory Note -|- Case law -|- See Also: Constitutional, Administrative, Judicial Review, Insolvency
      An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.
      Court of Protection Rules 2007 / 1744 -|- Explanatory Note -|- Case law -|- See Also: Family, Health
    2009
    2010
    2013
      Justice and Security Act 2013 / 18 -|- Explanatory Note -|- Case law -|- See Also:, Police, Armed Forces
      An Act to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters; to make provision about closed material procedure in relation to certain civil proceedings; to prevent the making of certain court orders for the disclosure of sensitive information; and for connected purposes.
    2014
      Courts Reform (Scotland) Act 2014 / asp 18 -|- Case law -|- See Also: Scotland
      An Act of the Scottish Parliament to make provision about the sheriff courts; to establish a Sheriff Appeal Court; to make provision about civil court procedure; to make provision about appeals in civil proceedings; to make provision about appeals in criminal proceedings; to make provision about judges of the Court of Session; to make provision about the Scottish Land Court; to make provision about justice of the peace courts; to rename the Scottish Court Service and give it functions in relation to tribunals; to provide for assistants to the Judicial Appointments Board for Scotland; and for connected purposes.
    2016

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