Rules of Court in UK Law

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

    Such a provision is consistent with a policy under which jurisdiction to exercise the relevant discretionary power is expressed in wide terms, thus ensuring that the court has, so far as possible, freedom of action, leaving it to the rule-making authority to control the exercise of discretion (if it thinks it right to do so) by the making of rules of court, and to the appellate courts to establish principles upon which the discretionary power may, within the framework of the statute and the applicable rules of court, be exercised.

  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Ene 1968

    But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.

  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 Oct 2007

    Part 76 of the Civil Procedure Rules gives effect to the procedural scheme authorised by the Schedule to the 2005 Act. Rule 76.1(4) stipulates that disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the UK, the detection or prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest. Part III of the Rule applies to non-derogating control orders.

  • Evans v Bartlam
    • House of Lords
    • 30 Abr 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.

  • Birkett v James
    • House of Lords
    • 25 May 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.

    The additional prejudice need not be great compared with that which may have been already caused by the time elapsed before the writ was issued; but it must be more than minimal; and the delay in taking a step in the action if it is to qualify as inordinate as well as prejudicial must exceed the period allowed by rules of court for taking that step.

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

    The most significant change of emphasis of the new Rules is to require courts to be more ready to make separate orders which reflect the outcome of different issues. 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.

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Legislation
  • Act of Sederunt (Rules of Court, consolidation and amendment) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (1) The court may make a slavery and trafficking reparation order against a person if-. ...' court is to be taken as referring to a youth court (subject to any rules of court made under section 32). . (7) Where an immigration officer or ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . (c) to carry out such functions only in relation to a specified description of case. . . (4) The Secretary of State may make rules with respect to the proceedings of recall adjudicators. . . (5) The Secretary of State may appoint a recall adjudicator (referred to in this ......
  • Crime and Courts Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ......(b) in any other case, means the High Court or the county court,. but this is subject to any provision in rules of court that is or could be made under section 48(4);". . (3) In section 43(7) (judge before whom person arrested on suspicion of breaching ......
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Books & Journal Articles
  • 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...
    ...... Council (JCPC) and other common law/Commonwealth jurisdictions by courts within the Commonwealth. This approach enhances exchanges and allows for ..., Namibia, as is provided for in the Protocol establishing the Rules of Procedure. * The COMESA Court of Justice, where there is a centralised ......
  • SUPREME COURT RULES: Reform of Administrative Law Remedies: The First Step
    • Núm. 41-4, Julio 1978
    • The Modern Law Review
  • Court of Appeal rules on solicitor's liability to make redress to investors
    • Núm. 14-2, Abril 2006
    • Journal of Financial Regulation and Compliance
    • 210-216
    Purpose: To report on the appeal by the defendants – a firm of sollcitors – against the proceedings taken by the Financial Services Authority. Design/methodology/approach: Outlines the facts and e...
  • Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds
    • Núm. 19-1, Febrero 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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Law Firm Commentaries
  • Delay At Your Peril
    • Mondaq United Kingdom
    ...6th November 2008 saw the implementation of a new Court of. Session rule which clarifies the position in this court regarding. ...dismiss the action on grounds of delay as the Rules of Court. regulated procedure and, despite discussing failure to comply ......
  • Court Rules AI Breaks Equality Laws
    • Mondaq UK
  • The United Kingdom Considers Class Actions For Financial Services
    • Mondaq United Kingdom
    ...... The group-litigation procedures utilized by courts in England and Wales have been in legal and legislative debate for several ... 2008, a White Paper on Damages Actions for Breach of EC Antitrust Rules and, in November 2008, a Green Paper on Consumer Collective Redress ......
  • An Interesting Decision - On Appeal
    • Mondaq United Kingdom
    ...... interest on a financial claim at the rate of 8% a year, set by the rules of court. This judicial rate had been fixed at 8% since 1 April 1993. ......
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