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Litigation Practice: Case Law, Legislation, Links 03-01-13

Litigation Practice: Case Law, Legislation, Links 03-01-13

Postby dls » Thu Jan 03, 2013 7:51 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:
    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.
    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.
    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.
    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.
    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 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 . ."
    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.
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.
    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 Procedure
      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.
    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.
    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
    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.
    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.
    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.

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Queen's Bench Guide: 2016 Edition: Link

Postby TimothyP » Fri Jan 22, 2016 8:45 am

A brand new edition of the Queen's Bench Guide was published this month and is at this link https://www.judiciary.gov.uk/wp-content ... inal-2.pdf
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Re: Litigation Practice: Case Law, Legislation, Links 03-01-

Postby atticus » Fri Jan 22, 2016 9:10 am

Thanks. I've not seen that QB Guide before. I've just dipped into it, and it looks a useful resource to which LIPs can be referred.
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Re: Litigation Practice: Case Law, Legislation, Links 03-01-

Postby dls » Fri Jan 22, 2016 8:49 pm

Updated for next publication - Thank you.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
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Queen's Bench Guide: 2017 Edition: Link

Postby TimothyP » Thu Dec 22, 2016 8:52 am

Another new edition of the Queen's Bench Guide was published this month and is at this link
https://www.judiciary.gov.uk/wp-content ... final4.pdf
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Re: Litigation Practice: Case Law, Legislation, Links 03-01-

Postby atticus » Thu Dec 22, 2016 9:24 am

Thank you Tim
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Re: Litigation Practice: Case Law, Legislation, Links 03-01-

Postby dls » Thu Dec 22, 2016 11:54 am

Updated
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