Practice and Procedure in UK Law

Leading Cases
  • 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.

  • 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. 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. If a claimant has a case which is bound to fail, then it is in the claimant's interests to know as soon as possible that that is the position.

  • 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.

  • 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.

  • 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.

  • 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.

  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 1932

    You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

See all results
Books & Journal Articles
See all results
Forms
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT