Conditional Appearance in UK Law

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

    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
    • Court of Appeal
    • 11 Dezembro 1961

  • Vitkovice Horni A Hutni Tezirstvo v Korner
    • House of Lords
    • 20 Junho 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 Maio 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.

  • Liff v Peasley
    • Court of Appeal (Civil Division)
    • 14 Novembro 1979

  • Sheldon v Brown Bayley's Steel Works Ltd and Dawnays Ltd
    • Court of Appeal
    • 22 Julho 1953

    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.

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Legislation
  • Bail Act 1976
    • UK Non-devolved
    • 01 de Janeiro de 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
    • UK Non-devolved
    • 01 de Janeiro de 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
    • UK Non-devolved
    • 01 de Janeiro de 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
    • UK Non-devolved
    • 01 de Janeiro de 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 ... ...
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Books & Journal Articles
  • Turner & Newall: Early Organizational Responses to Litigation Risk
    • No. 24-2, June 1997
    • Journal of Law and Society
    ... ... 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
    • No. 21-5, September 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 ... ...
  • NOTES OF CASES
    • No. 22-2, March 1959
    • The Modern Law Review
    ... ... member of the Greek embassy in London, entered a conditional appearance and applied for a stay of the proceedings on ... ...
  • A Defence of Entrapment
    • No. 53-4, July 1990
    • The Modern Law Review
    ... ... 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 ... ...
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Law Firm Commentaries
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