Strike out Proceedings in UK Law

  • Grovit and Others v Doctor and Others
    • House of Lords
    • 24 April 1997
    ... ... 2 This appeal concerns the powers of the court to strike out proceedings. On 30 October 1992 Mr. John Crowley, Q.C. sitting as a ... ...
  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 October 1999
    ... ... of evidence on 'without prejudice' communications to a form of proceedings peculiar to patent law and some other fields of intellectual property law, ... 6 The facts can be stated quite shortly. Since Procter & Gamble's strike-out application was based on abuse of process, as well as on failure to ... ...
  • Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others
    • Supreme Court
    • 27 October 2010
    ... ... crucial upon an issue of construction that is central to these proceedings". By contrast, in the Court of Appeal, Longmore LJ said at para 22 that it ... of negotiations may be given (for instance, on an application to strike out proceedings for want of prosecution) in order to explain delay or ... ...
  • Marcan Shipping (London) Ltd v Kefalas and Candida Corporation
    • Court of Appeal (Civil Division)
    • 17 May 2007
    ... ... as his ship management company, is a defendant in the present proceedings and the second respondent to this appeal ... 3 ... The ultimate sanction, of course, is to dismiss the claim or strike out the defaulting party's statement of case. A well-recognised way of ... ...
  • Hytec Information Systems Ltd v Coventry City Council
    • Court of Appeal (Civil Division)
    • 04 December 1996
    ... ... 7 There was, therefore, a summons to strike out for failure to comply with the order, but on 4 November 1994 His ... its own order and to rehear an application to strike out the proceedings"; (b) what is the proper test for striking out the proceedings for failure ... ...
  • CVC/Opportunity Equity Partners Ltd v Demarco Almeida
    • Privy Council
    • 21 March 2002
    ... ... purchase of his shares and was threatening to bring winding-up proceedings for an improper purpose, that is to say in order to extract a still higher ... ...
  • Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
    • Supreme Court
    • 03 July 2013
    ... ... relating to the amendment or revocation of such a patent in proceedings before the EPO. (3) Where in the case of a European patent (UK)— ... This appeal arose out of an application to strike out proceedings on the ground that the plaintiff's claim should have been ... ...
  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000
    ... ... Since the present proceedings have not progressed beyond determination of the preliminary issues giving ... intimated, for the first time, that it intended to apply to strike out the action as an abuse of the process of the court. Notice was also ... ...
  • Mercury Communications Ltd v Director General of Telecommunications and Another
    • House of Lords
    • 09 February 1995
    ... ... Both defendants applied to strike out the summons on the ground that it was frivolous or vexatious or ... 624, 628 ) the only issue to which these proceedings relate depends exclusively on the existence of a purely public law right" ... ...
  • Rookes v Barnard
    • House of Lords
    • 21 January 1964
    ... ... Was there a conspiracy to threaten strike action by the members of A.E.S.D. against B.O.A.C. to secure the ... before your Lordships' House, the Plaintiff in the present proceedings, having been for some years employed by British Overseas Airways ... ...
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