dismissal for want of prosecution

545 results for dismissal for want of prosecution

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  • Cool Seas (Seafoods) Ltd v Interfish Ltd & Ors, Court of Appeal - Chancery Division, July 31, 2018, [2018] EWHC 2038 (Ch)

    1. Northbay Pelagic Ltd (``Northbay'') is a pelagic fish producer located at a large factory site in Peterhead on the coast of Aberdeenshire, Scotland. Pelagic fish are fish which swim in the water column of the ocean (as opposed to living on the seafloor). Northbay's core business is purchasing pelagic fish sourced in the North East Atlantic from

    ... on the part of both men which justified their dismissal. . 6. Further Interfish itself petitions by way of counterclaim ...Operation Trawler resulted in the prosecution of 27 vessel skippers and three factories. When the matter came ...I am satisfied that Mr Colam would have wanted to impress upon Mr Anderson that no black fishing should take ...

  • S v Crown Prosecution Service, Court of Appeal - Administrative Court, October 13, 2015, [2015] EWHC 2868 (Admin)

    1. These conjoined applications for judicial review challenge decisions of the Crown Prosecution Service (``CPS''), dated 13 May 2015, to prosecute the claimant (to whom I shall refer as ``S'') for the offence of rape and of District Judge Pattinson, dated 16 June 2015, sitting at the Oxford Magistrates Court to send the case to the Oxford Crown Co...

    ... with A when he said to the custody officer that ``this all happened because (she) didn't want to tell her father that we had sex''. In the prepared statement provided in the course of his ... Deficiencies in the evidence can be exposed either at dismissal proceedings or at the close of the prosecution case. Suffice to say that I consider it difficult ...

  • R (on the application of Hallam) (Appellant) v Secretary of State for Justice (Respondent)

    ..., in that "the evidence relied upon by the prosecution to support the identifying witnesses, namely the evidence as to ... probable that [the applicant] understood that [Ms C] did not want sexual relations with him, but nonetheless forced coitus upon her ... in each set of proceedings was identical and his dismissal was explicitly grounded upon it. But in Vanjak v Croatia ...

  • The Bodo Community & Ors v The Shell Petroleum Development Company of Nigeria Ltd, Court of Appeal - Technology and Construction Court, June 20, 2014, [2014] EWHC 1973 (TCC)

    1. In this Group litigation, the many Claimants, numbering some 15,000 or more and including several representative type claimants and claims on behalf of children, seek damages at common law and statutory compensation under the law of Nigeria in relation to oil spills from pipelines said to have been caused by Shell Petroleum Development Company o...

    ... precluded an employee from seeking damages for wrongful dismissal at common law. The statute provided for limited compensation for ... that remedy to a maximum of £11,000, whereas Mr Johnson wants to claim a good deal more. The question is whether the courts ..., intimidation, false imprisonment, malicious prosecution, trespass to land, persons or goods, conspiracy, infringement of ...

  • Chweidan v Mischcon De Reya Solicitors, Court of Appeal - Queen's Bench Division, July 31, 2014, [2014] EWHC 2685 (QB)

    1. This is a claim for damages in contract and tort for professional negligence by Mr Russell Chweidan, the Claimant, against his former solicitors, Mishcon de Reya Solicitors, the Defendant. The claim arises out of underlying employment tribunal claims brought by the Claimant in 2008 against his former employer J P Morgan Europe Ltd (``JP Morgan'

    ... of unlawful direct disability discrimination and unfair dismissal against JP Morgan and was awarded compensation in excess of ...RC said that in his reviews in 2007 JH stated that he wanted to see RC pushing more new clients. · RC said he was unable to ...'s action against the bank was dismissed for want of prosecution. Nevertheless he dismissed the claim for professional negligence ...

  • Evans & Ors v The Serious Fraud Office, Court of Appeal - Queen's Bench Division, February 12, 2015, [2015] EWHC 263 (QB)

    1. Following a five-day hearing, on 18 February 2014 in the Crown Court at Cardiff, prior to arraignment, I dismissed the single charge of conspiracy to defraud on which the Serious Fraud Office (``the SFO'') sought to try the six Applicants (now reported as R v Evans and Others [2014] EW Misc 5 (Crown C), [2014] 1 WLR 2817). I generally adjourned...

    ... In this judgment, where I refer to ``the Dismissal Application'', ``the Dismissal Hearing'' and ``the Dismissal ... Application, an order under section 19 of the Prosecution of Offences Act 1985 (``the 1985 Act''); and. ii) in respect of ... The handwritten note of the conference says: ``don't want to [illegible] Bar Council (their [or, possibly, `then'] views ...

  • Theedom v Nourish Trading Ltd (t/a CSP Recruitment) & Anor, Court of Appeal - Queen's Bench Division, June 15, 2016, [2016] EWHC 1364 (QB)

    1. This judgment is given after the trial of this action, in which the claimant sues his former employer and his then manager for libel in emails sent in late June and early July 2014. The issues in the trial have been whether the defamatory imputations conveyed by the emails were substantially true and, if not, what damages should be awarded to t...

    ... dismissed; (2) the defendants' case is that the dismissal did not take place on 26 June 2014 but at a further meeting on ...Im thinking ill be leaving CSP soon I want a new challenge. saam :). (2) She replied:. ``Im doing brill mate ... was ``so serious'' that it would lead to public prosecution. This was misconduct which would have justified prosecution. The ...

  • Rudall v The Crown Prosecution Service & Anor, Court of Appeal - Queen's Bench Division, November 30, 2018, [2018] EWHC 3287 (QB)

    1. This is an action for damages for malicious prosecution, misfeasance in public office and breach of s.6 Human Rights Act 1998. It is brought by Mr Phillip Rudall, a solicitor from Swansea who, between January 2002 and July 2013, was the subject of investigation by the South Wales Police Fraud Squad (``SWP'') and two prosecutions by the Crown Pr...

    ... of aspects of the case from November 2012 and appeared on behalf of the Crown at the dismissal hearing in April 2013. g. Mr Kelly QC's junior was Ms Kate Bex (now QC). Although, by agreement, ... Want of reasonable and probable cause can never be inferred from malice:. i. ``From the most express ...

  • Willers v Gubay, Court of Appeal - Chancery Division, May 15, 2015, [2015] EWHC 1315 (Ch)

    1. On 3 March 2014 the claimant issued proceedings against the defendant claiming damages for the tort of malicious prosecution of civil proceedings and interest thereon. The defendant, Mr Gubay, is resident and domiciled in the Isle of Man. These proceedings were served on him, with the permission of the Court, on 26 March 2014. The defendant a...

    ... defendant claiming damages for the tort of malicious prosecution of civil proceedings and interest thereon. The defendant, Mr ... and control over the Anglo Group's litigation; Dismissal of Mr Willers; The proceedings brought by Langstone; and ... company; (ii) there was no evidence either of malice or of want of reasonable or probable cause (a point which does not concern ...

  • Interactive Technology Corporation Ltd v Ferster & Ors, Court of Appeal - Chancery Division, November 15, 2016, [2016] EWHC 2896 (Ch)

    Andrew Thompson QC, Ben Shaw and Chantelle Staynings (instructed by Herbert Smith Freehills LLP) for Jonathan Ferster and the Second to Eleventh and Thirteenth and Fourteenth Defendants in the Company's Claim Hearing dates: 23, 24, 27-30 June, 1, 4-8, 11-14 and 20-21 July 2016 - - - - - - - - - - - - - - - - - - - - - Judgment Approved by the cou...

    ...That was not acceptable to the three brothers. They would want Mr Binnes to leave with no shares in ITC. In January 2007, Mr ...As a result of his dismissal, he was ``a Leaver'' within Article 15, which was invoked leading ...The threat of committal proceedings or a prosecution for perjury resulted in considerable anxiety for Jonathan. Were ...

  • Holden, R v, Court of Appeal - Criminal Division, January 31, 2017, [2017] EWCA Crim 31

    1. The appellant, Kerry Holden, was on 8 March 2012 convicted by a majority verdict of murder, after a trial before Dobbs J and a jury at Nottingham Crown Court. The victim was a young man called Luke Moran. The appellant was sentenced to life imprisonment with a specified minimum term of 18 years (less time spent on remand in custody). A subseq...

    ... regard, expert medical evidence was adduced by the prosecution to explain both the timings and the lack of blood both at 4 ... him to the house of a friend: he was saying that he did not want to go back to his own flat as ``people were after him'' and that ... at an Asda store, where he then worked, leading to his dismissal (and to a conditional discharge in the Magistrates Court). In ...

  • Sberbank of Russia v Ramljak, Court of Appeal - Chancery Division, February 21, 2018, [2018] EHC 348 (Ch)

    1. JUDGE PAUL MATTHEWS: In the course of this application for a variation of the stay automatically granted by virtue of the order which I have already made, recognising certain proceedings in Croatia as a main proceeding for the purposes of the Cross Border Insolvency Regulations, I have been treated to an interesting argument about the meaning o...

    ... in this case was that the court had struck out a claim for want of prosecution and made an order that the unsuccessful party ...is appealing against the dismissal of an application to adjourn the examination of judgment debtor ...

  • Hague Plant Ltd v Hague & Ors, Court of Appeal - Chancery Division, October 26, 2016, [2016] EWHC 2663 (Ch)

    1. Douglas Hague (``Mr Hague'') and his wife Jean (``Mrs Hague'') were farmers. Since 1957 they had run a farming business at Prospect Farm, Bradfield, Sheffield. They supplemented their farming income by running side line businesses. Mr Hague ran a plant hire and small contracting business under the trading name ``D Hague Contractor''. Mrs Hague w...

    ...Taking third party waste incurred the risk of prosecution for taking in unauthorised or contaminated material, and posed ... control of David and Dianne as the result of the dismissal and removal of Martin shortly after judgment in Hague 1) sues ... Inv + 98 but 8w@RT not taken into account [therefore] these want deducting off this''. Reference to the invoice run discloses that ...

  • Government of Rwanda v Nteziryayo & Ors, Court of Appeal - Administrative Court, July 28, 2017, [2017] EWHC 1912 (Admin)

    2. This is an appeal by the Government of Rwanda [``GoR''] against the decision of the then Deputy Senior District Judge Arbuthnot, declining to permit the extradition of these five men to Rwanda. The requested Parties [``RPs''] cross-appeal. The decision of Senior District Judge Arbuthnot [hereafter ``the SDJ''], as she now is, was given on 22 D...

    ... Ben Brandon, Gemma Lindfield (instructed by The Crown Prosecution Service) for the Appellant. Diana Ellis QC, Joanna Evans ... and a letter from Oswald Rugema complaining of unfair dismissal and of being arrested at the behest of the CMU on what he says is ... the court receiving statements from 16 witnesses who wanted to be remain anonymous and said they did not want to testify in ...

  • Willers (Appellant) v Joyce and another (in substitution for and in their capacity as executors of Albert Gubay (deceased)) (Respondent)

    ... raises the question whether the tort of malicious prosecution includes the prosecution of civil proceedings. It also raises a ...Mr Willers was a director of it. Prior to Mr Willers' dismissal, Langstone pursued an action for wrongful trading against the ..., though the aggravation of a conspiracy or confederacy is wanting, and the injury comes from one only; for, in such a case, the ...

  • Cook v Mortgage Debenture Ltd, Court of Appeal - Civil Division, February 25, 2016, [2016] EWCA Civ 103

    1. This appeal raises a point of construction of the provisions for a moratorium in connection with the administration of a company. Paragraph 43(6) of schedule B1 to the Insolvency Act 1986 provides that: ``No legal process (including legal proceedings, execution, distress and diligence) may be instituted or continued against the company or pr...

    ... at first instance held that an application for summary dismissal for want of prosecution was not a proceeding for which leave was ...

  • R (on the application of Gujra) (FC) (Appellant) v Crown Prosecution Service (Respondent)

    ... 23(3) of the Prosecution of Offences Act 1985 ("the 1985 Act") that the Director did not want the prosecutions to continue; and they were thereby discontinued. It also notified the appellant ... out as disclosing no reasonable cause of action, the gulf that lies between the summary dismissal of actions as, on the one hand, baseless and, on the other, "because the judge .. does not think ...

  • The Director of Public Prosecutions v Distill, Court of Appeal - Administrative Court, September 08, 2017, [2017] EWHC 2244 (Admin)

    1. This appeal requires us to consider the definition of a ``dwelling'' in section 8 of the Public Order Act 1986. The context is an alleged offence under section 5 of the 1986 Act, said to be ``racially ... aggravated'' within the terms of section 28 of the Crime and Disorder Act 1998 and thus contrary to section 31 of that Act. Under section 5(2)

    ...The appellant, the Director of Public Prosecutions (``the DPP''), appeals against the dismissal by the Wiltshire Magistrates' Court, sitting at Chippenham on 18 January 2017, of proceedings ... the 1985 White Paper, ``Review of Public Order Law'', indicating that the Government did not want to extend the law into people's homes, and that ``in order to exclude domestic disputes there will ...

  • Lewis & Ors v R, Court of Appeal - Criminal Division, January 21, 2014, [2014] EWCA Crim 48

    1. This case is probably unique in the annals of public disorder in this country in recent times. Late in the evening of Tuesday 9th August 2011, a group of some 42 masked or hooded individuals assembled outside the ``Bartons Arms'' public house in the Aston area of Birmingham. It had occupants upstairs. Members of the group proceeded to break i...

    ...8. The prosecution alleged that those who now appeal to this Court were involved, ... he started running because everybody else did and he did not want to get left behind. He stayed with the group because he did not ... for him to have done so since it amounted to a dismissal of a critical aspect of the case and what the prosecution had to ...

  • Atkinson v Community Gateway Association (Unfair Dismissal : Constructive dismissal), Court of Appeal - United Kingdom Employment Appeal Tribunal, August 21, 2014, [2014] UKEAT 0457_12_2108

    The Claimant claimed constructive unfair dismissal and that he had been exposed to detriment for making a protected disclosure. While investigating his conduct the Respondents accessed his emails and discovered that he had been abusing the email system by sending overtly sexual messages to a female friend and had sought to help her obtain a positi...

    ... and/or a declaration that the arbitrator had power to dismiss the Defendant's claim for want of prosecution. 38. The Claimant succeeded at first instance in the Court of Appeal; but the House ...

  • Atlasnavios -Navegacao, LDA v Navigators Insurance Company Ltd & Ors, Court of Appeal - Commercial Court, December 08, 2014, [2014] EWHC 4133 (Comm)

    1. On 13 August 2007, upon completion of loading of a cargo of coal in Lake Maracaibo, Venezuela for discharge in Italy, the vessel B ATLANTIC, owned by the claimant owners (``the owners'') was subject to an underwater inspection by divers who discovered three bags of cocaine weighing 132kg strapped to the vessel's hull in the vicinity of the rudde...

    ... and upon which the burden of proof was on the prosecution, the vessel had to be released under that Article. The owners ... explanation as to why the Venezuelan authorities would want to steal a twenty four year old bulk carrier, let alone a ... had unofficially was that the prosecutors were typing a dismissal petition. He then asserted that there was political pressure ...

  • Bokova v Associated Newspapers Ltd, Court of Appeal - Queen's Bench Division, July 31, 2018, [2018] WLR(D) 502,[2018] EWHC 2032 (QB)

    1. These are libel proceedings brought by the Claimant against the publisher of the Daily Mail and MailOnline arising from the publication of articles published by the Defendant concerning the Claimant on 13 April 2016. The online article was longer than the print version. 2. The Claim was commenced on 29 June 2017 and a Defence was served in Octo...

    ...Often, that was because they did not want to be tied to a meaning that might subsequently be used against ...ii) The Claimant has not sought the dismissal or striking out of any part of the Amended Defence under Part 24. ... in a drugs importation conspiracy it is usual for the prosecution to rely upon a number of sources of evidence including, ...

  • Actavis UK Ltd & Ors v Eli Lilly & Company, Court of Appeal - Patents Court, May 15, 2014, [2014] EWHC 1511 (Pat)

    1. Pemetrexed disodium is a cancer treatment which has been marketed by the Defendant (``Lilly'') or its subsidiaries under the brand name Alimta since 2004. Pemetrexed and its pharmaceutically acceptable salts were protected by European Patent No. 0 432 677 (``677''), which expired on 10 December 2010. The protection conferred by that patent has b...

    ...The claims 35. The prosecution history of the Patent 36-45. The skilled person or team ...Furthermore, Actavis wanted the issue to be determined with respect to the French, German, ... those who have a legitimate interest in the success or dismissal of a claim, without prejudice to those cases where the law ...

  • Caliendo & Anor v Mishcon De Reya (a firm) & Anor, Court of Appeal - Chancery Division, February 04, 2016, [2016] EWHC 150 (Ch)

    1. This is a claim for professional negligence by Antonio Caliendo and Barnaby Holdings LLC (``Barnaby'') against the firm of solicitors Mishcon de Reya (which become a limited liability partnership during the relevant period, but for present purposes the distinction between the firm and the LLP can be ignored). Mr Caliendo and Barnaby claim not on...

    ... claim and Mishcon de Reya's support for the criminal prosecution. I have no difficulty in accepting that explanation. . 34. At ... HMRC would not withdraw the petitions or agree to their dismissal until both petition debts were paid in full. However, HMRC was ...Furthermore, a representative of these persons wanted to meet with Nick De Marco at 5.30pm this evening. I am sure that ...

  • Benney v Department for Environment Food and Rural Affairs (Practice and Procedure: Review), Court of Appeal - United Kingdom Employment Appeal Tribunal, February 06, 2015, [2015] UKEAT 0252_13_0602

    By the first of two appeals, the Claimant appealed against the decision of a Regional Employment Judge to reject at the preliminary consideration stage his application for a review of a decision of a different Judge to reject his claim for interim relief on the ground that he had been dismissed for making protected disclosures. Since that decision...

    ... Since that decision the Claimant had settled his unfair dismissal claim for a substantial sum by a COT3 form; his claim was ... on the merits to go through on the basis that he did not want to deprive Mr Benney of the ability to argue that the Judge was ... he notified the tribunal that there was to be no prosecution and that the review application could therefore proceed ...