Court System in UK Law

Leading Cases
  • Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corporation Ltd
    • House of Lords
    • 22 Ene 1981

    Every civilised system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal rights. The means provided are courts of justice to which every citizen has a constitutional right of access in the role of plaintiff to obtain the remedy to which he claims to be entitled in consequence of an alleged breach of his legal or equitable rights by some other citizen, the defendant.

  • Rondel v Worsley
    • House of Lords
    • 22 Nov 1967

    But it would, in my view, be undesirable in the interests of the fair and efficient administration of justice to tolerate a system under which, as a sort of bye-product after the trial of an action and after any appeal or appeals, there were litigation upon litigation with the possibility of a recurring chain-like course of litigation. It would be a retrograde development if an advocate were under pressure unwarrantably to subordinate his duty to the Court to his duty to the client.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000,14 Dic 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

  • Saif Ali v Sydney Mitchell & Company
    • House of Lords
    • 02 Nov 1978

    Under the English system of administration of justice, the appropriate method of correcting a wrong decision of a court of justice reached after a contested hearing is by appeal against the judgment to a superior court.

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 Feb 1972

    Logical analysis forces the conclusion therefore that in the result there would in a civil action have been punishment for conduct not particularised in any criminal code and that such punishment had taken the form of a fine not receivable by the State but as a sort of bonus by a private individual who would apart from it be solaced for the wrong done to him.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal
    • 27 Nov 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Barrow v Bankside Members Agency Ltd and Another
    • Court of Appeal
    • 07 Nov 1995

    The rule is not based on the doctrine of res judicata in a narrow sense, nor even on any strict doctrine of issue or cause of action estoppel. It is a rule of public policy based on the desirability, in the general interest as well as that of the parties themselves, that litigation should not drag on for ever and that a defendant should not be oppressed by successive suits when one would do.

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