Pre Hearing in UK Law
- amendment of pleadings
- disclosure of documents
- discovery of documents
- duty to disclose
- freezing injunction
- further and better particulars
- injunction to prevent
- inordinate delay
- non party discovery
- notice for particulars
- notice of intention to proceed
- payment into court
- preliminary issue
- preliminary ruling
- quia timet
- security for costs
- service out of the jurisdiction
- stay of proceedings
- striking out
- substituted service
- summary summons
- tomlin order
- wasted costs
- without prejudice
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Spiliada Maritime Corporation v Cansulex Ltd
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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.
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Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd
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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.
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R (M) v Croydon London Borough Council
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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.
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Kiam v MGN Ltd (No 2)
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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.
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Swain v Hillman
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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.
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Mitchell v News Group Newspapers Ltd
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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.
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VTB Capital Plc v Nutritek International Corpn
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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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The Criminal Procedure Rules 2015
... ... the prosecutor and the defendant at the first available opportunity and in any event no later than the beginning of the day of the first hearing;(b) after that, communication between the parties and with the court officer until the conclusion of the case;(c) by such communication establishing, ... ...
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The Criminal Legal Aid (Remuneration) Regulations 2013
... ... order as representing an assisted person, being a solicitor, firm of solicitors or other appropriately qualified person.F59“main hearing” means—(a) in relation to a case which goes to trial, the trial;(b) in relation to a guilty plea (within the meaning of Schedule 1) , the hearing ... ...
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Children's Hearings (Scotland) Act 2011
... ... 4(2) in force at 24.6.2013 in so far as not already in force by S.S.I. 2013/195, arts. 2, 3 ... Children's hearings ... 5: Children's hearing ... A children's hearing consists of three members of the Children's Panel selected in accordance with section 6 for the purpose of carrying out ... ...
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Enterprise and Regulatory Reform Act 2013
... ... 21: Tribunal procedure: miscellaneous ... (1) The Employment Tribunals Act 1996 is amended as follows ... (2) In section 9 (pre-hearing reviews and preliminary matters) , in subsection (2) (deposit orders) , in paragraph (a) —(a) omit “, if he wishes to continue to participate in ... ...
- Access to Justice and Fair Hearing: An Evaluation of Pre-Action Notice in Nigerian Jurisprudence
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Children's Hearings and Deemed Relevant Persons: T v Locality Reporter
... ... A relevant person is someone who has the right – and obligation – to attend a children's hearing,
2 ... ... Children's Hearings (Scotland) Act 2011 ss 74(2) and ... ...
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Offenders' Perceptions of the Sentencing Process: A Study of Deterrence and Stigmatisation in the New South Wales Children's Court
Abstract The criminal court system remains society's pre-eminent response to criminal activity, despite recent innovations such as youth justice conferences. Little is known, however, a...... ... T wo hundred and six y oung offenders were interviewed immediately after the conclusion of their sentencing hearing using a questionnaire designed to measure the extent to which they perceived the court hearing to be a deterrent, and the extent to which they f elt ... ...
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Pre-recording testimony in New Zealand: Lawyers’ and victim advisors’ experiences in nine cases
This paper reports on lawyers’ and victim advisors’ experiences with nine pre-recorded hearings involving young people as witnesses in criminal court cases in Auckland. Focus groups, interviews and...... ... The judge, counsel, defendant and witness watched the children’s forensic interview before the day of the hearing. At the hearing, the children were further examined and cross-examined via CCTV from a room in the courthouse in the usual way (although juries were ... ...
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Disclosure to non-party of evidence relied on in court
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 ... ...
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Virtual Arbitrations
... ... 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 ... ...
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Fees To Prevent Vexatious Employment Discrimination Suits?
The number of UK employment cases plunging? We asked about this earlier when we wrote that the UK Ministry of Justice released employment tribunal stats for the first quarter of 2014, and accordin...
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A Virtual Success ' Experiences With Online Hearings
... ... HGF Law LLP recently represented clients in a patent ... infringement appeal before the Court of Appeal and a hearing in ... trade mark infringement proceedings before the High Court and ... thought it useful to provide some first-hand insight into remote ... ...
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guide)
Mental Health Tribunal forms including application and pre-hearing examination forms.
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Community patient: Social circumstances report
Mental Health Tribunal forms including application and pre-hearing examination forms.
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Guardianship patient: Social circumstances report
Mental Health Tribunal forms including application and pre-hearing examination forms.
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guide)
Mental Health Tribunal forms including application and pre-hearing examination forms.