Practice and Procedure in UK Law

Leading Cases
  • Swain v Hillman
    • Court of Appeal
    • 21 Oct 1999

    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. 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.

  • 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
    • 04 Jul 2014

    We consider that the guidance given at paras 40 and 41 of Mitchell remains substantially sound. However, in view of the way in which it has been interpreted, we propose to restate the approach that should be applied in a little more detail. 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.

  • Connelly v DPP
    • House of Lords
    • 21 Abr 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.

  • Re Elgindata Ltd (No 2)
    • Court of Appeal
    • 11 Jun 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 Nov 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.

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 Jun 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.

  • 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.

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Books & Journal Articles
  • Interim Report Of The Committee On Supreme Court Practice And Procedure (Cmd. 7764)
    • Núm. 12-4, Octubre 1949
    • The Modern Law Review
  • REVIEWS
    • Núm. 50-3, Mayo 1987
    • The Modern Law Review
    Book reviewed in this article: Memorising Politics Of Ancient History; Dialectic Of Nihilism: Post‐Structuralism And Law. By Gillian Rose. The European Court of Justice: Practice and Procedure. By ...
  • Payment Systems and Performance Improvement: Participation in Payment System Design
    • Núm. 11-1, Enero 1989
    • Employee Relations
    • 17-20
    This article is the second in the series detailing recent and continuing research into Payment Systems. The previous article dealt with some of the main features found to be important in scheme suc...
  • REVIEWS
    • Núm. 25-3, Mayo 1962
    • The Modern Law Review
    Book reviewed in this article: Dicey's Conflict of Laws. Seventh edition. Under the general editorship of J. H. C. Morris, D.C.L.(Oxon.) Mayne & McGregor on Damages. Twelfth edition. By Harvey ...
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Law Firm Commentaries
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