Conditional Appearance in UK Law

Leading Cases
  • Baker v Bowketts Cakes Ltd
    • Court of Appeal
    • 16 Mar 1966

    A plaintiff in an action for personal injuries has three years to issue his writ. If the plaintiff delays until the very last minute, he has only himself to thank. But he ought not to get an extension - to the prejudice of the defendants - except for good cause In this case the application was made long after the three years.

  • The Deichland
    • Court of Appeal (Civil Division)
    • 20 Abr 1989

    In these circumstances I find it impossible to conclude that on the proper construction of Articles 2 and 3 of the 1968 Convention Deich are not being "sued" in these proceedings even though at this stage the proceedings are solely in rem. Deich are liable to be adversely affected by the result of the proceedings and wish to contest the merits of the plaintiffs' claim.

    What Article 2 of the 1968 Convention says is that persons domiciled in another Contracting State shall be sued in the courts of that state, which imports, in my opinion, that they shall not be sued elsewhere. Can the appellants accurately be said to be "sued" in the instant action?

  • Pontin v Wood
    • Court of Appeal
    • 11 Dic 1961

    They will not add a new cause of action or allow a plaintiff to substitute a fresh case. But I do not accept that they should therefore refuse any normal aid which would be given as of course under Order 70 if no question of limitation arose – aid which is directed not to setting up new cause of action or a new case, but to regularising the procedure of a known genuine case commenced before the time limit expired but containing technical defects.

  • Vitkovice Horni A Hutni Tezirstvo v Korner
    • House of Lords
    • 20 Jun 1951

    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
    • House of Lords
    • 17 May 1979

    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.

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Legislation
  • Medical Act 1983
    • UK Non-devolved
    • 1 de Enero de 1983
    ......direction; or. . . (iii) that his registration shall be conditional on his compliance,. during such period not exceeding three years. . as ...who may, on the appearance or the default to appear of the. accused, proceed to hear the complaint, ......
  • Magistrates' Courts Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ......Court for trial;. . . and where his release on bail is conditional on his providing. one or more surety or sureties and, in accordance with ...any time before his first appearance before the Crown Court,. grant him bail in accordance with the Bail Act ......
  • Crime and Disorder Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......convicted to make an order under subsection (1)(b) (conditional. discharge) of section 1A of the Powers of Criminal Courts Act 1973. ...ith his arrest and ending with the date fixed for his first appearance. in court in connection with the offence (‘the initial stage’). . . ......
  • Town and Country Planning Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ...... . . (ii) do not materially affect the external. appearance of the building,. . and are not works for making good war damage or ...authorising the use of land as a caravan site. S-72 . Conditional grant of planning permission. 72 Conditional grant of planning ......
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Books & Journal Articles
  • probation forum
    • Núm. 11-1, Marzo 1965
    • Probation Journal
    ...... with administratively, rather than requiring a court appearance and proof of guilt before help is offered. Most parents ... would more readily accept help if it were not conditional upon a court appearance. Whereas most parents would fight to ......
  • Turner & Newall: Early Organizational Responses to Litigation Risk
    • Núm. 24-2, Junio 1997
    • Journal of Law and Society
    ......First, it could enter an appearance and have the defendant’s name amended; alternatively, it could enter a ......
  • Editor's Comment
    • Núm. 31-2, Junio 1984
    • Probation Journal
    ...... and had damaged a car parked outside, might be given a conditional discharge and ordered to pay compensation. He received a commumty ... greater capital of cautions, the impact of the court appearance, non- mterventiomst measures, and contractual or reparatory ......
  • Parliamentary Privilege and the Bill of Rights
    • Núm. 21-5, Septiembre 1958
    • The Modern Law Review
    ...... to have service of the writ set aside, or enter a conditional appearance and ask the court to strike out the pleadings on ......
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Law Firm Commentaries
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