Pre Hearing in UK Law

Leading Cases
  • Spiliada Maritime Corporation v Cansulex Ltd
    • House of Lords
    • 19 Nov 1986

    In the result, it seems to me that the solution of disputes about the relative merits of trial in England and trial abroad is pre-eminently a matter for the trial judge. An appeal should be rare and the appellate court should be slow to interfere.

  • Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd
    • Court of Appeal
    • 16 Dic 1997

    In exercising its discretion as to whether to strike out the second action, that court should start with the assumption that if a party has had one action struck out for abuse of process some special reason has to be identified to justify a second action being allowed to proceed.

  • R (M) v Croydon London Borough Council
    • Court of Appeal
    • 08 May 2012,08 May 2012

    In case (i), it is hard to see why the claimant should not recover all his costs, unless there is some good reason to the contrary. Whether pursuant to judgment following a contested hearing, or by virtue of a settlement, the claimant can, at least absent special circumstances, say that he has been vindicated, and, as the successful party, that he should recover his costs.

  • 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.

  • Kiam v MGN Ltd (No 2)
    • Court of Appeal
    • 06 Feb 2002

    I for my part, understand the Court there to have been deciding no more than that conduct, albeit falling short of misconduct deserving of moral condemnation, can be so unreasonable as to justify an order for indemnity costs. To my mind, however, such conduct would need to be unreasonable to a high degree; unreasonable in this context certainly does not mean merely wrong or misguided in hindsight.

  • Swain v Hillman
    • Court of Appeal
    • 21 Oct 1999,21 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.

  • VTB Capital Plc v Nutritek International Corpn
    • Supreme Court
    • 06 Feb 2013

    In that connection, the present case is striking, as Arnold J explained in para 3 of his judgment. The hearing before him lasted six days, after two days' pre-reading. He was faced with more than 27 bundles of documents, written evidence, and exhibits, and 14 bundles of authorities. One of the witnesses had made twelve witness statements, and further materials were added on a daily basis.

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Books & Journal Articles
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Law Firm Commentaries
  • Disclosure to non-party of evidence relied on in court
    • JD Supra United Kingdom
    • Allen & Overy LLP
    • 7 de Marzo de 2019
    A non-governmental organisation (NGO) has been granted disclosure of evidence relied upon by litigants in concluded judicial review proceedings concerning tobacco packaging (JR). The NGO was not pa...
    ...... been read out in open court during the JR, but had been referred to in oral and written submissions and read by the judge in pre- and post-hearing reading. The ruling shows the court using its inherent powers to order disclosure in aid of open justice, even where the documents might fall outside ......
  • Virtual Arbitrations
    • Mondaq UK
    • 7 de Septiembre de 2020
    ......of the benefits associated with them. How do they work?. A virtual arbitration is, at its most simple, an arbitration. hearing which takes place remotely. The format can differ depending. on the specific type of case. Telephone calls are used for simpler. hearings and video ......
  • A Virtual Success ' Experiences With Online Hearings
    • Mondaq UK
    • 17 de Junio de 2020
  • This Summer's Top 5 Blockbusters!!
    • Mondaq United Kingdom
    • 26 de Julio de 2013
    ...... 1. New Employment Tribunal Fees to be introduced. Claimants will be liable to pay an issue fee when they lodge their claim and later a hearing fee. Fees will vary depending on whether claims are considered type "A" or type "B". For further details on this please see our article 'Show me the ......
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