Consolidation of Proceedings in UK Law

Leading Cases
  • Vertex Data Science Ltd v Powergen Retail Ltd
    • Queen's Bench Division (Commercial Court)
    • 09 Jun 2006

    However that may be, it is not immediately obvious to me that it would be unjust for Vertex to be confined to such remedy in damages as is determined to be the extent of the bargain which it struck. That was an extraordinary case on the facts where the contractor, Mowlem, sought indefinitely to delay completion of the high profile Millennium Bath Spa project, a project which was intended and expected to confer significant benefits upon the local economy.

  • Yagnesh Mohanlal Devani v Republic of Kenya
    • Queen's Bench Division (Administrative Court)
    • 11 Dic 2015

    In our view, the correct way to put the matter is to say that the DJ who has to decide whether there is a case to answer for the purposes of section 84(1) must determine whether, on one possible view of the facts, he is satisfied that there is evidence upon which the requested person could be convicted at a summary trial of an information against him, upon the basis of the notional English charges.

  • Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
    • Queen's Bench Division (Commercial Court)
    • 18 Oct 2013

    A board of directors may reach a decision as to the commercial wisdom of a particular transaction by a majority. A minority director is not thereby in breach of his duty, or obliged to resign and to refuse to be party to the implementation of the decision. He may legitimately defer to those views where he is persuaded that his fellow directors' views are advanced in what they perceive to be the best interests of the company, even if he is not himself persuaded.

  • Northern Regional Health Authority v Derek Crouch Construction Company Ltd
    • Court of Appeal (Civil Division)
    • 17 Feb 1984

    It enables, and in appropriate cases requires, him to vary them and so create new rights, obligations and liabilities in the parties. This is not a power which is normally possessed by any court and again it has a strong element of personal judgment by an individual nominated in accordance with the agreement of the parties.

  • Secretary of State for Health and Others v Servier Laboratories Ltd and Others
    • Chancery Division
    • 31 Jul 2014

    There are three further points which encourage me to accept Servier's proposal at this stage. First, as Ms Manley emphasised more than once in her written evidence, Servier is not saying that its disclosure should necessarily be confined to the documents on the Commission's file, but only that in the interests of proportionality this exercise should be undertaken first.

  • Mentmore Towers & Others v Packman Lucas Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 16 Mar 2010

    The current referrals are simply another attempt to circumvent the machinery and policy of the HGCRA. It is unreasonable and oppressive for the Defendants to be subjected to further proceedings by way of adjudication when the Claimants have still failed to honour the first awards and the subsequent judgments of the court. It is not enough for the Claimants to make, for example, offers to pay money into court, even if such payment were to be made tomorrow.

  • Ismail Kamoka and Others v The Security Service and Others
    • Court of Appeal (Civil Division)
    • 25 Oct 2017

    That restatement of principle recognises that the doctrine is a flexible one which is not dependent upon identity of parties or issues and in an appropriate case is equally applicable whether the previous proceedings were criminal or civil. Accordingly, I reject any suggestion by Mr de la Mare QC that Hunter-type abuse cannot arise where the earlier proceedings were civil and there is no identity or privity between the parties.

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Legislation
  • Acquisition of Land (Assessment of Compensation) Act 1919
    • UK Non-devolved
    • 1 de Enero de 1919
    ...... acquired compulsorily for public purposes and the costs in proceedings thereon. . [19th August 1919] . . Be it enacted by the King's most ... S-4 . Consolidation of proceedings on claims for compensation in respect of various interests ......
  • The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ...... Railways Clauses Consolidation Act 1845 Railways Clauses Consolidation Act 1845 . SCH-1.1 . . 1. The ... section three of the Lands Tribunal Act 1949 for regulating proceedings before the Lands Tribunal” substitute “may be made by Tribunal ......
  • Land Compensation (Scotland) Act 1963
    • UK Non-devolved
    • 1 de Enero de 1963
    ...... in land; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949. . [31st July 1963] . . Be it ...to any proceedings on a question referred to the official arbiter. under section 2 of this ......
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ...... power under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925(a) to make, amend or revoke rules regulating the practice and .... 3. Time. . COMMENCEMENT AND PROGRESS OF PROCEEDINGS . 4. Assignment, transfer and consolidation of proceedings. . 5. Mode of ......
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Books & Journal Articles
  • Commercial stakeholders in international economic dispute resolution and the issue of adjudicatory independence
    • Núm. 24-4, Agosto 2017
    • Maastricht Journal of European and Comparative Law
    The article discusses the problem of influence exerted by commercial actors in international trade disputes and consequences of this phenomenon for positions adopted by adjudicators. It explores th...
    ...... procedural aspects, such as confidentiality/transparency of proceedings and the possibilities for participation of non-party actors, are also ... by a discussion ofthe new developments, in particular the consolidation of thejudicializa- tion trend in investor-state dispute resolution me ......
  • LEGISLATION
    • Núm. 48-1, Enero 1985
    • The Modern Law Review
    ...... s.8 Data Protection Act 1984 Domicile and Matrimonial Proceedings Act 1973, s.16( 1) E.E.C. Directive 681151 Directive 75/117 ... X LEGISLATION Social Welfare (Consolidation) Act 1981 (Ireland) s.35 s.142 s.301A Social Welfare (No. 2) Act ......
  • Noticeboard
    • Núm. 18-1, Enero 2014
    • International Journal of Evidence & Proof, The
    ...... on Evidence , the Irish Law Commission is consid- ering the consolidation of existing legislation concerning the law of evidence in Ireland, ... the integrity of all information that [is] part of legal proceedings … This discussion paper proposes a framework for individual courts to ......
  • The Magistrates Court Act, 1952, and the Costs in Criminal Cases Act, 1952
    • Núm. 17-1, Enero 1953
    • Journal of Criminal Law, The
    ......No fewer than sixty-four statutes are affected by the consolidation in addition to a number of statutory rules and orders. The first ..., and other Acts have not been repealed as they refer to proceedings or matters 8S . 84 THE JOURNAL OF CRIMINAL LAW in courts other than ......
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Law Firm Commentaries
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