Preliminary Issue in UK Law

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

  • Carl Zeiss Stiftung v Herbert Smith & Company
    • Court of Appeal (Civil Division)
    • 23 Mayo 1968

    I am afraid that I cannot agree with the Judge's decision. They should be able to conduct the litigation without having a sword suspended over their heads. It is very desirable that it should be decided as soon as possible before many further costs are incurred. I know that it has been said on one or two occasions that a preliminary issue should be ordered only when, whichever way it is decided, it is conclusive of the whole matter. I have always understood such to be the practice.

  • Halford v Brookes and Another
    • Court of Appeal (Civil Division)
    • 26 Noviembre 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".

  • Williams and Humbert Ltd v W. & H. Trade Marks (Jersey) Ltd
    • House of Lords
    • 12 Diciembre 1985

    My Lords, if an application to strike out involves a prolonged and serious argument the judge should, as a general rule, decline to proceed with the argument unless he not only harbours doubts about the soundness of the pleading but, in addition, is satisfied that striking out will obviate the necessity for a trial or will substantially reduce the burden of preparing for trial or the burden of the trial itself.

  • McLoughlin v Jones and Others
    • Court of Appeal (Civil Division)
    • 22 Noviembre 2001

    In my judgment, the right approach to preliminary issues should be as follows: -

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Legislation
  • Finance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... in subsection (2) , the reference in section 158(4) to the issue of the shares in the preceding tax year is to the issue of the shares in ... in the same way, and to the same extent, as a decision on a preliminary issue in an appeal.(2) The determination must be taken into account by an ... ...
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... ;(e) provide for a particular matter to be dealt with as a preliminary issue;(f) hold a hearing F71or appointment to consider any matter, ... ...
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... (2) applies where a public authority is deciding whether—(a) to issue, renew or cancel a warrant under Part 2, 5, 6 or 7,(b) to modify such a ... make any decision which—(a) is a final decision of a preliminary issue in relation to any proceedings, complaint or reference brought ... ...
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ... ... 1982 , the person whose eligibility for a benefit or advantage is in issue; ... (da) F179in a financial services case (i) where the case is a multiple ... or a party;(e) deal with an issue in the proceedings as a preliminary issue;(f) hold a hearing to consider any matter, including a case ... ...
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Books & Journal Articles
  • Transnational Civil Society Activism and International Security Politics: From Landmines to Global Zero
    • No. 5-2, May 2014
    • Global Policy
    Effective civil society activism in the high politics realm of international peace and security has not received sustained scholarly attention, and, at least until recently, was considered a ‘hard ...
    ... ... recently, was considered a ‘ hard case, ’ compared to other issue areas. This article reviews recent civil society efforts and assesses, in a preliminary fashion, some of the preconditions and constraints on transnational civil ... ...
  • What are Governmental Human Rights Focal Points?
    • No. 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 ... ...
  • Exploring hate crime amongst a cohort of Scottish prisoners: an exploratory study
    • No. 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 ... ...
  • ‘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
    • No. 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 ...
    ... ... Directive’s legal basis, proportionality, and subsidiarity were at issue in threerecently decided cases, an action for annulment and two ... the Direc-tive’s validity, as well as in another pending preliminary reference. The new TPD once again raisesquestions of EU competence and ... ...
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Law Firm Commentaries
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Forms
  • Order for trial of whole claim or of an issue by Master or District Judge (PD2B para. 4.1)
    • 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.
    ... ... ] ... AND UPON READING the written evidence filed ... IT IS ORDERED BY CONSENT that: ... 1. [this claim] or [the preliminary issue arising in this claim set out in the Schedule to this order] be tried by a Master [District Judge] ... 2. such trial do take place ... ... ...
  • Specimen Directions Template (Birmingham Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Signed statements of witnesses of fact [limited to issue(s) [*] in the List of Issues], and hearsay notices when required by CPR ... a further CMC following the determination of the application/ preliminary issue/Issue* on *] ... In the event that the parties consider the ... ...
  • Specimen Directions Template (Manchester Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Signed statements of witnesses of fact [limited to issue(s) [*] in the List of Issues], and hearsay notices when required by CPR ... a further CMC following the determination of the application/ preliminary issue/Issue* on *] ... In the event that the parties consider the ... ...
  • Specimen Directions Template (Leeds Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Signed statements of witnesses of fact [limited to issue(s) [*] in the List of Issues], and hearsay notices when required by CPR ... a further CMC following the determination of the application/ preliminary issue/Issue* on *] ... In the event that the parties consider the ... ...
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