Conditional Appearance in UK Law
-
Baker v Bowketts Cakes Ltd
“
In particular, when the Statute of Limitations has run or is running in favour of a defendant, as here, the plaintiff who desires a further extension must show sufficient reason for an extension. These cases ought to be brought on for trial, as soon as reasonably may be, while the facts are fresh in people's minds and while medical evidence and so forth can be obtained. If the plaintiff delays until the very last minute, he has only himself to thank.
-
Pontin v Wood
“
-
Vitkovice Horni A Hutni Tezirstvo v Korner
“
That Rule, which applies equally to an application under any of the heads of Rule 1, provides that "every application for leave to serve such writ or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action … and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or Judge that the case is a proper one for service out of the jurisdiction under this order."
The other criticism is that "a prima facie case" puts the standard of proof somewhat too low, while to be "satisfied" puts it somewhat too high.
-
Walkley v Precision Forgings Ltd
“
So subsection (1)(a) must be contemplating a case in which, because the 3 years have expired without an action being brought, section 2A applies to the prejudice of the plaintiff. But if the plaintiff has brought his action within the 3 years, how has he been prejudiced by section 2A? If this argument is sound, the respondent's case fails in limine.
-
Liff v Peasley
“
-
Sheldon v Brown Bayley's Steel Works Ltd and Dawnays Ltd
“
This is not done under order 8, Rule 1, for that only peimits renewal before the twelve months have expired. It is done under Order 64, Rale 7, which is the general Rule permitting enlargement of time. It was first done in 1877 by Sir George Jessel, Master of the Rolls, in Re Jones, which is reported in 25 Weekly Reporter at page 303, which has been accepted as good law ever since. Now if a Writ can be renewed after the twelve months have expired, that must mean that it is not then a nullity.
-
Bail Act 1976
... ... words from “discharge the said prisoner” to “his ot their appearance in” there shall be substituted the words “grant bail in accordance ... ...
-
Magistrates' Courts Act 1980
... ... the Crown Court for trial;and where his release on bail is conditional on his providing one or more surety or sureties and, in accordance with ... for no other cause, the court may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the M5Bail Act ... ...
-
Criminal Justice Act 1991
... ... and ... (d) the 1980 Act, ... 69: Non-appearance of persons aged 16 or 17: plea of guilty ... F73 ... Amendments of 1973 Act ... Discharge(1A) Absolute and conditional discharge.“(1) Where a court by or before which a person is convicted of ... ...
-
Crime and Disorder Act 1998
... ... provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and ... # M30 1996 c.25 ... 46: Date of first court appearance in bail cases ... (1) In subsection (3) of section 47 of the 1984 Act ... ...
-
Turner & Newall: Early Organizational Responses to Litigation Risk
... ... First, it could enter an appearance and have the defendant’s name amended; alternatively, it could enter a ... ...
-
Parliamentary Privilege and the Bill of Rights
... ... to have service of the writ set aside, or enter a conditional appearance and ask the court to strike out the pleadings on ... ...
-
NOTES OF CASES
... ... member of the Greek embassy in London, entered a conditional appearance and applied for a stay of the proceedings on ... ...
-
A Defence of Entrapment
... ... a trial judge to grant the defendant ‘an absolute or conditional discharge and refuse to make any order for costs against ... not an ‘immediate’ one but is conditional upon the appearance of a relevant opportunity to offend does not preclude it from ... ...
-
National Investment Bank v Eland: A Cautionary Tale
... ... of Appearance in the Accra Proceedings ... NIB subsequently made an application for ... opposed to a conditional appearance ... The affidavit served by Eland Ghana in opposition to NIB's ... ...
-
The Availability Of Anti-Suit Relief, Despite Delay (Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd)
... ... SVS ... applied for an extension of time to make an appearance before the ... Nigerian Courts, a stay of the proceedings on the grounds f ... jurisdiction and entered a memorandum of conditional appearance ... (something required if a party is contesting jurisdiction) ... ...
-
English High Court Sets Aside International Arbitral Award for Failure to Comply with English Rule in Browne v. Dunn
In an interesting May 2019 judgment, the English High Court in P v. D [2019] EWHC 1277 (Comm) set aside an arbitral award in a London-seated international commercial arbitration on the basis that t...... ... If a party does not request the appearance of a witness, and thus does not cross-examine on any core issues, that ... there was a shared assumption at the meetings, but that it was conditional or contingent and hence of no effect, P argued that there was similarly no ... ...
-
Recruitment - Employer's Liability Under The Asylum And Immigration Act 1996 And The Race Relations Act 1974
... ... job applicants for their passport at the first instance by the appearance or accent of the person concerned if they only ask a British sounding or ... , employers should ensure that any offer of employment is conditional and subject to documentary evidence that the employee has no legal ... ...