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.
- swarb.co.uk cases
recent (lawindexpro.co.uk) - Up to 10 recent cases on this area of law
historic (swarb.co.uk) - many cases on this topic from before 2000.
- 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.
- Distress for Rent Act 1737 / 19 -|- Case law -|- See Also: Landlord and Tenant
An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants.
- 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.
- Judgments Act 1838 / 110 -|- Case law -|- See Also: Insolvency
An Act . . for extending the Remedies of Creditors against the Property of Debtors
- 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.
- 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, .
- 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 .
- Judicial Proceedings (Regulation of Reports) Act 1926 / 61 -|- Case law
An Act to regulate the publication of reports of judicial proceedings in such manner as to prevent injury to public morals.
- 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.
- 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.
- 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.
- 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.
- Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 / 63 -|- Case law
An Act to make further provision for enabling courts to sit in private and for preventing or restricting publicity for certain proceedings.
- 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.
- Attachment of Earnings Act 1971 / 32 -|- Case law
An Act to consolidate the enactments relating to the attachment of earnings as a means of enforcing the discharge of monetary obligations.
- Torts (Interference with Goods) Act 1977 / 32 -|- Case law -|- See Also: Torts - Other, Consumer
An Act to amend the law concerning conversion and other torts affecting goods.
- 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.
- 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.
- County Courts (Penalties for Contempt) Act 1983 / 45 -|- Case law -|- See Also:, Contempt of Court
An Act to provide for county courts to be treated as superior courts for the purposes of section 14 of the Contempt of Court Act 1981.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Register of Judgments, Orders and Fines Regulations 2005 / 3595 -|- Explanatory Note -|- Case law
Mental Capacity Act 2005 / 9 -|- Explanatory Note -|- Case law -|- See Also: Health
An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.
- 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
- The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 / 1976 -|- Explanatory Note -|- Case law -|- See Also: Administrative
The Companies (Unfair Prejudice Applications) Proceedings Rules 2009 / -|- Case law -|- See Also: Company, Insolvency
Supreme Court Rules 2009 / 1603 -|- Explanatory Note -|- Case law
- Mortgage Repossessions (Protection of Tenants etc) Act 2010 / 19 -|- Case law -|- See Also: Housing
An Act to protect persons whose tenancies are not binding on mortgagees and to require mortgagees to give notice of the proposed execution of possession orders.
- 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.
- 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.
- A basic guide to the Court of Protection -|- For LIPs -by Victoria Butler-Cole
A guide to bringing a case to The Supreme Court -|- When and where from
A Guide to Representing Yourself in Court -|- Bar Council
A Handbook for Litigants in Person -|- A guide produced by the judiciary
Access to Audio Recordings of Proceedings -|- Practice Direction - MOJ Feb 2014
Adjudicator to H M Land
Registry (Practice and Procedure) Rules 2003 -|- Amended to include 2008 Rules
A-Z of Boundary Disputes -|- LS Gazette - Benchmarks Poractice Guides for Solicitors
Bar Pro-Bono Unit -|- . . can assist with: advice, representation and help at mediation
cases in all legal areas, cases where proceedings have not yet been started, cases in all tribunals and courts in England and Wales
Bar Standards Board -|- Code of Conduct
Cardiff Index to Legal Abbreviations
Civil Litigation Brief -|- A Blog about Procedure, Limitation, Default and the Civil Procedure Rules by Gordon Exall, Barrister
Civil Mediation Council -|- "The recognised authority in the country for all matters related to civil, commercial, workplace and other non-family mediation."
Civil Procedure Rules -|- The principle general guide to litigation practice.
Coping with the Justice System: Accommodating Specific Learning Difficulties in Legal Hearings -|- British Dyslexia Association
Court Service Northern Ireland
CPR - Part 54 - Judicial and Statutory Review
CPR Part 44 - General Rules about Costs
Decisions affecting litigants in person -|- LS Gazette - Benchmarks Poractice Guides for Solicitors
Free Representation Unit -|- Providing free legal representation for the public and advocacy experience for junior lawyers
Glossary of Scots legal terms -|- Judiciary of Scotland
Guide for Litigants in Person for Court of Protection -|- Alex Ruck Keene - Oct 2014
Guide to judicial conduct -|- Designed for the judges to read
Guide to proceedings for those without a legal representative -|- - for the Supreme Court
Interim Applications in the Chancery Division: A Guide for Litigants in Person -|- July 2013
International Patent Litigation Guide -|- CMS Solciitors
Keeping settlement terms confidential -|- Hervert Smith FreehillsNote
Making more of Alternative Dispute Resolution -|- ACAS Policy Discussion Paper
McKenzie Friends - Guidance
Personal Injury - Preaction Protocol
Pleading a defence properly: the difference between an “non-admission” & a “denial” explored -|- Gordon Exall, Barrister, Civil Litigation Brief
Practice Direction: Citation of Authorities (2012)
Pre-Action Protocol for the Resolution of Clinical Disputes -|- From the Clinical Disputes Forum
Protocol for the Instruction of Experts to give Evidence in Civil Claims -|- Civil Justice Coucil
Small Claims Court Genie
Supreme Court - Rules of the Court
Supreme Court Costs Office - Practice Guide -|- As at Oct 2013
Terminology for Litigants in Person -|- Practice guidance issued by the Master of the Rolls
The Chancery Guide (2009) -|- Guide to practice in the Chancery Division
The Interim Applications Court of the Queen’s Bench Division of the High Court -|- A guide for self-represented litigants (Jan 2013)
The Interim Applications Court of the Queen’s Bench Division of the High Court: A guide for litigants in person -|- Updated April 2013
The Judicial Working Group on Litigants in Person: -|- July 2013
The Queen's Bench Guide -|- Guide to Practice in the Queens Bench
Tomlin Orders - Use and Abuse -|- A guide to compromise greements embodied as xgedules to court orders
Transparency in the Family Courts -|- Practice Guidance 2014
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 -|- As amended - to Jan 2015
Vexatious Litigants Policy -|- Treasury Solicitor
What Do I call a Judge
What Do I call the Judge -|- How to address the bench