Notice Party in UK Law

Leading Cases
  • Barclays Bank Plc v O'Brien
    • House of Lords
    • 21 Octubre 1993

  • Z Ltd v A-Z and AA-LL
    • Court of Appeal (Civil Division)
    • 16 Diciembre 1981

    In my opinion this argument misunderstands the true nature of the liability of the third party. It is true that his conduct may very often be seen as possessing a dual character of contempt of court by himself and aiding and abetting the contempt by another, but the conduct will always amount to contempt of court by himself. It will be conduct which knowingly interferes with the administration of justice by causing the order of the court to be thwarted.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Diciembre 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

  • Rolled Steel Products (Holdings) Ltd v British Steel Corporation
    • Court of Appeal (Civil Division)
    • 11 Junio 1984

    If, on the other hand, the transaction (although in excess or abuse of powers) is within the capacity of the company, the position of the third party depends upon whether or not he had notice that the transaction was in excess or abuse of the powers of the company.

  • Thornton v Shoe Lane Parking Ltd
    • Court of Appeal (Civil Division)
    • 18 Diciembre 1970

    Mr. Machin admitted here that the company did not do what was reasonably sufficient to give hr. I do not pause to inquire whether the exempting condition is void for unreasonableness. All I say is that it is so wide and so destructive of rights that the Court should not hold any man bound by it unless it is drawn to his attention in the most explicit way. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it — or something equally startling.

    But at least where theparticular condition relied on involves a sort of restriction that is not shown to be usual in that class of contract, a defendant must show that his intention to attach an unusual condition of that particular nature was fairly brought to the notice of the other party. How much is required as being, in the words of Lord Justice Mellish, reasonably sufficient to give the plaintiff notice of the condition", depends upon the nature of the restrictive condition.

  • Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
    • Court of Appeal (Civil Division)
    • 12 Noviembre 1987

    The tendency of the English authorities has, I think, been to look at the nature of the transaction in question and the character of the parties to it; to consider what notice the party alleged to be bound was given of the particular condition said to bind him; and to resolve whether in all the circumstances it is fair to hold him bound by the condition in question.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... proceedings on an appeal under section 31(4), any person who was a party to those proceedings."; ... (b) after subsection (3) insert- ... "(3A) ... "(5A) A person applying for an order under subsection (5) must give notice of the application to the bank or building society with which the account ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • Pension Schemes Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... they must give the member notice in writing of the cash equivalent that relates to those benefits, and ... written consent of the member enter into an agreement with a third party to use the member's cash equivalent in a way specified in section 95(2) ... ...
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... ” includes a written notice or statement or anything else in writing capable of being delivered to a ... cause is shown for it, dismiss it without giving notice to any party other than the applicant ... ...
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Books & Journal Articles
  • The Right to Political Party Membership in Ethiopia: On the Freedom to Join and Resign
    • No. 11-2, July 2017
    • Mizan Law Review
    • Leake Mekonen Tesfay
    • Leake Mekonen Tesfay (LL.B, Hawassa University; LL.M, Ethiopian Civil Service University), Judge, Federal First Instance Court; E-mail: happyleake@gmail.com
    • 373-403
    The FDRE Constitution acknowledges the right to freedom of political party membership. Similarly, the Political Parties Registration Proclamation, which regulates the details of political party mem...
    ... ... Federal Supreme Court), the petitioner, claimed that a person cannot be member of another political party without a written withdrawal notice to his/her former political party. The respondent political party, on its part, argued that withdrawal from membership and taking membership in ... ...
  • From pathology to mainstream phenomenon: Reviewing the Euroscepticism debate in research and theory
    • No. 36-3, June 2015
    • International Political Science Review / Revue internationale de science politique
    • 0000
    When taking stock of the now vast literature on Euroscepticism, one cannot but notice the often deeply normative character of much of the academic research on this topic. This article argues that i...
    ... ... stock of the now vast literature on Euroscepticism, one cannot but notice the often deeply normative character of much of the academic research on ... as a phenomenon of the periphery be it the periphery of party systems, the periphery of domestic societies or the geographical periphery ... ...
  • The Civil Servant as Legislator: Law Making in British Administration
    • No. 81-4, December 2003
    • Public Administration
    How are government policy commitments converted into legislation and what happens in the conversion? The role of civil servants in preparing legislation is far more important than is generally assu...
    ... ... them on the political agenda (even helping secure their place in a party manifesto), developing them, making sure they pass through parlia ment and ... minister feels forced to accept, but rather that ministers do not notice or fully apprecia te what is being proposed in their name despite having ... ...
  • Agricultural Tenancies Act 1995 Notices
    • Part 2. Notices, precedents and forms
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 161-175
    ... ... 9.1 NOTICE BY LANDLORD TO TENANT, OR VICE VERSA, OF THE GRANTING OF A FARM BUSINESS ... contained in the agreement itself and it is not sufficient for one party to serve such notice on the other and for the recipient to simply sign and ... ...
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Law Firm Commentaries
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Forms
  • Application notice for applications to be joined as a party
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
  • Court record form
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... “Order endorsed on application notice. (Party) to draw, file and serve by (date) (or as may be endorsed)” ... ... ...
  • Order for time (rule 3.1(2)(a))
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... Defendant ... An Application was made by the (party) by [application notice/letter] dated (date) ... The Master [District ... ...
  • Notice of provisional assessment (general form)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to civil matters including judgments.
    ... ... To [Claimant] [Defendant] [’s Legal Representative] ... Name of Defendant (including ref.) ... Take notice that ... the receiving party’s ... bill of costs in this action has been provisionally assessed and is returned with this notice ... Any party wishing to challenge any aspect ... ...
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