Liberty to Apply in UK Law

Leading Cases
  • Community Care North East v Durham County Council
    • Queen's Bench Division
    • 29 April 2010

    In my judgment where the terms are contained in a schedule to the Tomlin Order the position is different from the terms being incorporated as part of a consent order. The court approves and orders the consent order in the first case but only approves and orders the terms of the order but not the terms of the schedule in the second case.

    In relation to the terms of the agreement incorporated in the schedule to the Tomlin Order, other considerations apply. The terms of the schedule are not an order made by the court. The court obviously has the ability to interpret that agreement on well known principles of interpretation, as set out in Sirius and would have to do so when it was asked to take any enforcement action under the standard liberty to apply for that purpose in the Tomlin Order.

  • Fili Shipping Company Ltd v Premium Nafta Products Ltd; Fiona Trust & Holding Corporation v Privalov
    • Queen's Bench Division (Commercial Court)
    • 22 July 2008

    "This order and the undertakings given are an interim measure only in order to allow the Lawrence Graham defendants sufficient time to seek to provide alternative security and nothing in the order or undertakings shall in any way affect the appropriate form of security. [The defendants] shall have liberty to apply to use funds in the Lawrence Graham Account in the ordinary course of business or to vary the undertakings given above so as to provide substitute security or otherwise.

  • Grobbelaar v News Group Newspapers Ltd
    • House of Lords
    • 24 October 2002

  • Tibbles v SIG Plc (trading as Asphaltic Roofing Supplies)
    • Court of Appeal (Civil Division)
    • 26 April 2012

  • Thwaite v Thwaite
    • Court of Appeal (Civil Division)
    • 29 January 1981

    His jurisdiction arose, not from the liberty to apply as he held, but from the fact that the wife's original application for ancillary relief was still before the court and awaiting adjudication. It had not been dismissed since the conveyance had never been executed, so that that part of the order of 30th April 1979, by which her application was dismissed, had never come into effect.

  • Thomas and Another v Baptiste and Others
    • Privy Council
    • 17 March 1999

    It is the general right accorded to all litigants not to have the outcome of any pending appellate or other legal process pre-empted by executive action. By ratifying a treaty which provides for individual access to an international body, the Government made that process for the time being part of the domestic criminal justice system and thereby temporarily at least extended the scope of the due process clause in the Constitution.

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Legislation
  • Matrimonial Causes Act 1937
    • UK Non-devolved
    • January 01, 1937
    ... ... may be granted or dismissed, shall apply in like ... manner to a petition for judicial separation ... (2) ... against whom the decree nisi has been granted shall ... be at liberty to apply to the court and the court ... shall, on such application, have ... ...
  • Chancery (Ireland) Act 1867
    • UK Non-devolved
    • January 01, 1867
    ... ... upon Application made for that Purpose; and the Master shall be at liberty to proceed for the Purposes aforesaid in the Absence of any of the Parties ... in that Behalf be prescribed by the General Order of the Court, apply to the Court to add to or vary the Decree ... Rule 10. In all Suits ... ...
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • January 01, 1873
    ... ... had not passed, to apply to any Court to restrain ... the prosecution thereof, or who may be ... have been taken, shall be at liberty to apply to the ... said Courts respectively, by motion in a summary ... ...
  • Supreme Court of Judicature (Ireland) Act 1877
    • UK Non-devolved
    • January 01, 1877
    ... ... The provisions of this section shall not apply to the Lord Chancellor. S-16 ... Provisions for extraordinary duties of ... or matter may have been taken, shall be at liberty to ... apply to the said Courts respectively, by motion in a ... summary ... ...
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Books & Journal Articles
  • Academic Tenure and the Education Reform Act 1988
    • No. 54-1, January 1991
    • The Modern Law Review
    ... ... By s 204(2), however, no such modification was to apply to a person unless his appointment was made, or his contract ... No injunction was granted, but the plaintiffs were given liberty to apply for an injunction if no reference was made within ... ...
  • Court‐Ordered Caesarian Sections: In Whose Interests?
    • No. 56-2, March 1993
    • The Modern Law Review
    ... ... the said operation has been performed, any party shall have liberty to apply for such further or other declaration or order as may ... ...
  • Recent Legal Decisions affecting Public Administration
    • No. 14-1, January 1936
    • Public Administration
    ... ... made no change in the old law. The section did not apply to a weekly tenant who occupied a tenemeGt for a year and ... was accordingly made on behalf of the lainM for liberty to apply for an injunction. Mr. Justice Eve granted the ... ...
  • The Normative Basis for Decision on the Merits in Commercial Arbitration: The Extent of Party Autonomy
    • No. 10-2, July 2016
    • Mizan Law Review
    • Seyoum Yohannes Tesfay
    • Seyoum Yohannes Tesfay??LLB, LLM), Assistant Professor of Law at Addis Ababa University. The author also practices law on a part-time basis.
    • 341-365
    This article examines the extent of party autonomy in determining the norms that apply to the substance of a commercial dispute in arbitration. Particularly, it analyses ‘principles of law,’ the no...
    ... ... examines the extent of party autonomy in determining the norms that apply to the substance of a commercial dispute in arbitration ... The article further explores whether parties to arbitration are at liberty to mandate the application of foreign law, rules of law and equity. It ... ...
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Law Firm Commentaries
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Forms
  • Apply to authorise a deprivation of liberty
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
  • Order menu - Directions revised private law programme
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... □   (Other - specify) ... [     ]   Liberty ... □   (Other - specify) ... [     ]   Liberty to apply ... ...
  • Disclosure orders against the Inland Revenue
    • HM Courts & Tribunals Service court and tribunal forms
    General forms, including the Affidavit of Service form and complaints.
    ... ... There be liberty ... There be liberty to the Inland Revenue to apply ... ...
  • Deprivation of liberty - Declaration of exceptional urgency
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Please state what interim relief is sought and why? ... Section 2 - Proposed timetable ... Please tick the boxes that apply ... The application for interim relief should be ... considered within ... Abridgement of time is sought for the lodging of ... acknowledgments of ... ...
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