Rules of Court in UK Law

Leading Cases
  • Aiden Shipping Company Ltd v Interbulk Ltd (Vimeira)
    • House of Lords
    • 22 Mayo 1986

  • Barton v Wright Hassall LLP
    • Supreme Court
    • 21 Febrero 2018

    Their lack of representation will often justify making allowances in making case management decisions and in conducting hearings. But it will not usually justify applying to litigants in person a lower standard of compliance with rules or orders of the court. The overriding objective requires the courts so far as practicable to enforce compliance with the rules: CPR rule 1.1(1)(f).

  • Evans v Bartlam
    • House of Lords
    • 30 Abril 1937

    One is that where the judgment was obtained regularly there must be an affidavit of merits, meaning that the applicant must produce to the Court evidence that he has a prima facie defence. The principle obviously is that unless and until the Court has pronounced a judgment upon the merits or by consent, it is to have the power to revoke the expression of its coercive power where that has only been obtained by a failure to follow any of the rules of procedure.

  • Attorney General of Trinidad and Tobago v Matthews
    • Privy Council
    • 20 Octubre 2011

    There is no rule which states that, if the defendant fails to file a defence within the period specified by the CPR, no defence may be filed unless the court permits. At most, it can be said that, if the defendant fails to file a defence within the prescribed period and does not apply for an extension of time, he is at risk of a request by the claimant that judgment in default should be entered in his favour.

  • AEI Rediffusion Music Ltd v Phonographic Performance Ltd
    • Court of Appeal (Civil Division)
    • 19 Febrero 1999

    In doing this the new Rules are reflecting a change of practice which has already started. It is now clear that a too robust application of the "follow the event principle" encourages litigants to increase the costs of litigation, since it discourages litigants from being selective as to the points they take. If you recover all your costs as long as you win, you are encouraged to leave no stone unturned in your effort to do so.

  • Pritam Kaur v S. Russell & Sons Ltd
    • Court of Appeal (Civil Division)
    • 14 Diciembre 1972

    My so doing, we make the law consistent in itself: and we avoid confusion to practitioners. so I am prepared to hold that, when a time is are-scribed by statute for doing any act, and the it ac I cat only be done if the Court office is open on the day when the rime expires, then, if it turns out in any aartcular case that the day is a Sunday or other dies non, tie time is extended until the next day on which the Court office is open

  • Birkett v James
    • House of Lords
    • 25 Mayo 1977

    To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.

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Legislation
  • Act of Sederunt (Rules of Court, consolidation and amendment) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (1) Where it appears to a court making a confiscation order that- ... (a) there is property held by the ... Special rules for providers of information society services ... 4(1) Paragraph 2 ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... travel documents; to make provision about criminal justice and court fees; and for connected purposes.[13th March 2014] ... Be it enacted by ... the county court, in any other case.Paragraph (b) is subject to any rules of court made under section 18(2) ... Annotations: Commencement ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal ... Annotations: Commencement Information # I18 S. 7 in ... such notice of the proceedings as would otherwise be required by rules of court ... (2) Subsection (1) does not apply in relation to the making ... ...
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Books & Journal Articles
  • Survey of Instances of Non-Compliance with Interim Measures Adopted under Rule 39 of the Rules of Court
    • No. 1-1_suppl, June 2009
    • New Journal of European Criminal Law
    • 0000
  • Recommended Best Practices
    • Bringing Justice Home. The Road to Final Appellate and Regional Court Establishment
    • Cheryl Thompson-Barrow
    • 51-67
    Appellate jurisdiction General recommendations Judicial appointments Library and research facilities Amicus curiae Translation and interpretation services Adequate security Specific recommendations...
    ... ... able to create a list of potential amicus curiae (advisers to the court) ... @@@Translation and interpretation services ... Where ... , Namibia, as is provided for in the Protocol establishing the Rules of Procedure ... * The COMESA Court of Justice, where there is a ... ...
  • Interim Measures in the Case Law of the European Court of Human Rights
    • No. 21-4, December 2003
    • Netherlands Quarterly of Human Rights
    • 0000
    Under its Rules of Court, the European Court of Human Rights has the power to issue interim measures. Case law shows that an interim measure is generally directed towards the respondent State but i...
    ... ... INTERIM MEASURES IN THE CASE LAW OF THEEUROPEAN COURT OF HUMAN RIGHTS*YVES HAECK** and CLARA BURBANO HERRERA***AbstractUnder its Rules of Court, the European Court of Human Rights has the power to issueinterim measures. Case law shows that an interim measure is generally ... ...
  • Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds
    • No. 19-1, February 2011
    • Journal of Financial Regulation and Compliance
    • 85-93
    Purpose: The purpose of this paper is to discuss the Court of Appeal's consideration regarding Lehman Bros International (Europe) (in Administration) (Court of Appeal: Civil Division: Lord Neuberge...
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