Practice and Procedure in UK Law

Leading Cases
  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 October 1999

    It is important that a judge in appropriate cases should make use of the powers contained in Part 24. In doing so he or she gives effect to the overriding objectives contained in Part 1. It saves expense; it achieves expedition; it avoids the court's resources being used up on cases where this serves no purpose, and I would add, generally, that it is in the interests of justice.

  • Denton and Others v Th White Ltd and Another; Decadent Vapours Ltd v Bevan and Others; Utilise Tds Ltd v Cranstoun Davies and Others
    • Court of Appeal (Civil Division)
    • 04 July 2014

    A judge should address an application for relief from sanctions in three stages. If the breach is neither serious nor significant, the court is unlikely to need to spend much time on the second and third stages. We recognise that hard-pressed first instance judges need a clear exposition of how the provisions of rule 3.9(1) should be given effect. We hope that what follows will avoid the need in future to resort to the earlier authorities.

  • Connelly v DPP
    • House of Lords
    • 21 April 1964

    There can be no doubt that a court which is endowed with a particular jurisdiction has powers which are necessary to enable it to act effectively within such jurisdiction. I would regard them as powers which are inherent in its jurisdiction. A court must enjoy such powers in order to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process.

  • G v G (Minors: Custody Appeal)
    • House of Lords
    • 25 April 1985

    All these various expressions were used in order to emphasise the point that the appellate court should only interfere when they consider that the judge of first instance has not merely preferred an imperfect solution which is different from an alternative imperfect solution which the Court of Appeal might or would have adopted, but has exceeded the generous ambit within which a reasonable disagreement is possible.

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 June 1997

    (1) Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.

  • Re Elgindata Ltd (No 2)
    • Court of Appeal (Civil Division)
    • 11 June 1992

    Of these principles the first, second and fourth are expressly recognised or provided for by rules 2(4), 3(3) and 10 respectively. The third depends on well established practice. Moreover, the fourth implies that a successful party who neither improperly nor unreasonably raises issues or makes allegations on which he fails ought not to be ordered to pay any part of the unsuccessful party's costs. It was because of his disregard of that principle that the judge erred in this case.

  • O'Reilly v Mackman
    • House of Lords
    • 25 November 1982

    The public interest in good administration requires that public authorities and third parties should not be kept in suspense as to the legal validity of a decision the authority has reached in purported exercise of decision-making powers for any longer period than is absolutely necessary in fairness to the person affected by the decision.

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Law Firm Commentaries
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Forms
  • Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
  • Chapter FCIM120010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......, the Commissioners may decide to investigate using the Code of Practice 9 investigation of fraud procedure. Under the investigation of fraud ......
  • Chapter DANSP03000
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . The Tribunal Procedure (Upper Tribunal) (Tax Chamber) Rules 2008 (SI 2008 No 2698) came into ...The Rules govern the practice and procedure to be followed in the Upper Tribunal in proceedings ......
  • Chapter DANSP02900
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (SI 2009 No 273) (the ...The Rules govern the practice and procedure to be followed in the First-tier Tribunal in proceedings ......
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