Preliminary Issue in UK Law

  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • House of Lords
    • 12 June 1997
    ......The registrar directed the trial of a preliminary issue: whether the applicants' evidence disclosed a reasonable cause of ......
  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 June 1997
    ......to be tried as preliminary issues in the manner proposed by my noble and learned friend. I would ...On this occasion it is not the Rules that are primarily in issue, but a single clause in the Claim Form which investors are required to ......
  • Al-Rawi & others v The Security Service & others
    • Supreme Court
    • 13 July 2011
    ...... Introduction . . 1 The issue that arises on this appeal is whether the court has the power to order a closed material procedure" as described in the preliminary issue that was tried by Silber J for the whole or part of the trial of a ......
  • Allied Maples Group Ltd v Simmons & Simmons
    • Court of Appeal (Civil Division)
    • 12 May 1995
    ...... a judgment of Turner J given on 8 June 1993 on the trial of a preliminary issue as to liability. . 4 The Plaintiffs are a ......
  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • House of Lords
    • 09 April 1981
    ...... . . 4 The issue which comes before us is presented as one related solely to the question ... before it, the point as to locus standi was treated as a preliminary point "Before we embark on the case itself", said Lord Widgery C. J., "we ......
  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 February 1990
    ...... sitting as judge in chambers, made an order for the trial of a preliminary issue, as follows: "Whether on the facts set out in paragraphs 4 ......
  • White v Brunton
    • Court of Appeal (Civil Division)
    • 12 March 1984
    ......Justice McCullough on a preliminary point. It has itself given rise to a preliminary point in this court, ...Thus the issue of final or interlocutory depended upon the nature and effect of the order ......
  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970
    ....... . 2 The case comes before your Lordships on a preliminary issue whether the Home Office or these Borstal officers owed any duty of ......
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001
    ......(now Clarke L.J.) ordered preliminary questions to be tried. This order was made on 19 July 1995 at a stage when ... in the United Kingdom the House may only determine the Community law issue if the matter is truly acte clair. . . 9 In a disappointingly ......
  • HM Revenue and Customs v Total Network SL
    • House of Lords
    • 12 March 2008
    ...... 1 The issue in this case is whether the Commissioners can maintain a civil claim for ... is important to keep in mind that the two issues arise from a preliminary issue directed to be tried by a Consent Order made on 9 July 2004. The ......
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