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. Commercial court judges are very experienced in these matters. 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 (Civil Division)
    • 16 Dic 1997

    The position is the same as it is under the first limb of Birkett v James. 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 (Civil Division)
    • 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.

  • Kiam v MGN Ltd (No 2)
    • Court of Appeal (Civil Division)
    • 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.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 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.

  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 Oct 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.

  • 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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Legislation
  • Children's Hearings (Scotland) Act 2011
    • Scotland
    • 1 de Enero de 2011
  • Children and Young People (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... and support for or in relation to children and young people; to make provision for an adoption register; to make provision about children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools; and for connected purposes. . 1 . Rights of ......
  • Employment Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......employment tribunal), before sub-paragraph (ii) there is inserted— ‘(ia) for postponing fixing a time and place for a hearing, or. postponing a time fixed for a hearing, for such period as may be. determined in accordance with the regulations for the purpose of. giving an ......
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... . (2) In making. an order under section 9 of the Criminal Justice Act 1987. or section. 31 of this Act (preparatory hearings) the judge may take account of. anything which— . . (a) has been done,. . . (b) has been required to be done, or. . . (c) will be required to ......
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Books & Journal Articles
  • Representation at Tribunals
    • Núm. 53-2, Marzo 1990
    • The Modern Law Review
    ......- the report is that specialist representation increases the likelihood of success for appellants and applicants at tribunal hearings. However, many appellants and applicants still appear unrepresented at tribunals, sometimes as a matter of choice but more often ......
  • Three Rivers District Council v Governor and Company of Bank of England
    • Núm. 9-3, Marzo 2001
    • Journal of Financial Regulation and Compliance
    • 279-283
    The various pre‐trial stages of these complex proceedings have been discussed in previous issues of this Journal in Vol. 5, No. 1, pp. 70–72, Vol. 7, No. 3, pp. 274–280, Vol. 8, No. 4, pp. 359–364 ...
    ...... actio n ough t t o b e struc k ou t with - ou t proceedin g t o ful l tria l wa s referre d t o anothe r Hous e o f Lord s hearing . I t wa s fro m tha t subsequen t hearin g o n whethe r o r no t th e clai m shoul d b e allowe d t o pro - cee d t o ful l tria ......
  • Process Gains and Process Values: The Criminal Procedure and Investigations Act 1996
    • Núm. 60-1, Enero 1997
    • The Modern Law Review
    ......hearings and mode of trial. All these are designed to streamline the criminal process (though, as we will see, there is some doubt as to whether they will ......
  • THE ROLE OF THE LAWYER IN ADMINISTRATIVE JUSTICE*
    • Núm. 33-5, Septiembre 1970
    • The Modern Law Review
    ...... In addition there are masses of discretionary powers not subject to hearing procedures and re- viewable, if reviewable at all, only by the prerogative writs. This then is the Australian background, ......
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Law Firm Commentaries
  • Disclosure to non-party of evidence relied on in court
    • JD Supra United Kingdom
    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
    ......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
  • This Summer's Top 5 Blockbusters!!
    • Mondaq United Kingdom
    ...... 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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