Preliminary Issue in UK Law

Leading Cases
  • Ronex Properties Ltd v John Laing Construction Ltd
    • Court of Appeal (Civil Division)
    • 22 Jul 1982

    Where it is thought to be clear that there is a defence under the Limitation Act, the defendant can either plead that defence and seek the trial of a preliminary issue or, in a very clear case, he can seek to strike out the claim upon the ground that it is frivolous, vexatious and an abuse of the process of the court and support his application with evidence. But in no circumstances can he seek to strike out on the ground that no cause of action is disclosed.

  • Boyle v SCA Packaging Ltd
    • House of Lords
    • 01 Jul 2009

    The essential criterion for deciding whether or not to hold a pre-hearing is whether, as it was put by Lindsay J in CJ O'Shea Construction Ltd v Bassi [1998] ICR 1130, 1140, there is a succinct, knockout point which is capable of being decided after only a relatively short hearing. In such a case it is preferable that there should be only one hearing to determine all the matters in dispute.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dec 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.

  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 Feb 1990

    What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.

  • Halford v Brookes and Another
    • Court of Appeal (Civil Division)
    • 26 Nov 1990

    In this context "knowledge" clearly does not mean "know for certain and beyond possibility of contradiction". It does, however, mean "know with sufficient confidence to justify embarking on the preliminaries to the issue of a writ, such as submitting a claim to the proposed defendant, taking legal and other advice and collecting evidence".

  • Keays v Murdoch Magazines (UK) Ltd and Another
    • Court of Appeal (Civil Division)
    • 23 May 1991

    I am satisfied that the jurisdiction exists to order the trial of a preliminary issue to determine whether the words complained of are capable of bearing a particular meaning and that this jurisdiction should be exercised in appropriate cases where it is apparent to the court that a saving of costs would be achieved. If such an application by a defendant succeeds in full the action will be at an end, unless the plaintiff seeks and is granted an amendment to plead some alternative meaning.

  • Berger v Eli Lilly & Company
    • Court of Appeal (Civil Division)
    • 28 Aug 1992

    In applying the section to the facts of these cases, we shall proceed on the basis that knowledge is a condition of mind which imports a degree of certainty and that the degree of certainty which is appropriate for this purpose is that which, for the particular plaintiff, may reasonably be regarded as sufficient to justify embarking upon the preliminaries to the making of a claim for compensation such as the taking of legal or other advice.

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Legislation
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • January 01, 2014
    ...... of fee satisfaction” means a certificate of fee satisfaction issued by the Lord Chancellor under article 8 of the Fees Order; . “decision ... (e) (e) provide for a particular matter to be dealt with as a preliminary issue; . (f) (f) hold a hearing to consider any matter, including a case ......
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ...... a register containing a copy of all judgments and written reasons issued by a Tribunal which are required to be entered in the register under ... (unless made already), which may deal with the listing of a preliminary or final hearing, and may propose judicial mediation or other forms of ......
  • The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
    • UK Non-devolved
    • January 01, 2009
    ...... proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties; . (b) (b) ... (e) (e) deal with an issue in the proceedings as a preliminary issue; . (f) (f) hold a hearing to consider any matter, including a case ......
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • UK Non-devolved
    • January 01, 2008
    ...... or an interested party when the Tribunal finally disposed of all issues in the proceedings; . “permission” includes leave in cases arising ... (e) (e) deal with an issue in the proceedings as a preliminary issue; . (f) (f) hold a hearing to consider any matter, including a case ......
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Books & Journal Articles
  • Party System and Foreign Policy in Denmark
    • Nbr. 14-3, November 1979
    • Cooperation and Conflict
    Faurby, I. Party System and Foreign Policy in Denmark. Cooperation and Conflict, XIV, 1979, 159-170. Using number of parties and their mutual ideological distance as the main variables...
    ...... distance as the main variables, this article gives a preliminary description of the Danish party system as it functions within he issue-area of foreign and defence policy. Based upon an analysis of ......
  • What are Governmental Human Rights Focal Points?
    • Nbr. 39-2, June 2021
    • Netherlands Quarterly of Human Rights
    This Special Issue aims at raising understanding of governmental human rights focal points (GHRFPs). It forms part of a renewed attention to the importance of domestic-level institutions within the...
    ...... for Human Rights, Copenhagen, Denmark Abstract This Special Issue aims at raising understandi ng of governmental human rights focal points ... agenda on GHRFPs around key attributes identified in a preliminary manner, in order to spark some critical and constr uctive analysis of this ......
  • ‘Choking smokers, don’t you think the joker laughs at you’: European Union competence and regulation of tobacco products packaging under the new Tobacco Products Directive
    • Nbr. 25-4, August 2018
    • Maastricht Journal of European and Comparative Law
    Directive 2014/40 updated and repealed Directive 2001/37. As with the previous Directive, the new Tobacco Products Directive’s legal basis, proportionality, and subsidiarity were at issue in three ...
    ......The Com- mission proposal was issued in December 2012 2 after a public consultation organized by the Health and ... action for annulment as well as Philip Morris and Pillbox preliminary ruling references on Directive 2014/40 that competence issues persist for ......
  • Exploring hate crime amongst a cohort of Scottish prisoners: an exploratory study
    • Nbr. 5-1, February 2019
    • Journal of Criminological Research, Policy and Practice
    • 39-49
    Purpose: The purpose of this paper is to explore the motives a person adopts in order to engage in hate-related behaviours within a prison setting. A subsidiary aim of the study was to compare this...
    ...... more reactive.Practical implications –The findings provide a preliminary insight into enhancing inmate safety.The environmental implications begin ... conducted on prison violence, seldom does thisresearch examine this issue within the context of hate crime. This preliminary study offers an insight ......
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Law Firm Commentaries
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