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
Spiliada Maritime Corporation v Cansulex Ltd
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
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
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
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)
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
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
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.
- Representation at Tribunals
Three Rivers District Council v Governor and Company of Bank of England
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 ...
- Process Gains and Process Values: The Criminal Procedure and Investigations Act 1996
- THE ROLE OF THE LAWYER IN ADMINISTRATIVE JUSTICE*
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