Summary Summons in UK Law

Leading Cases
  • Langdale v Danby
    • House of Lords
    • 29 July 1982

    I accordingly reach the conclusion that the language of Order 59 rule 10(2) which excludes the admission of further evidence on appeal to the Court of Appeal except on special grounds is, in its ordinary meaning, applicable to appeals against summary judgments given for plaintiffs under Order 14 or Order 86.

    It may well be that the standard of diligence required of a defendant preparing his case in opposition to a summons for summary judgment, especially if under pressure of time, will not be so high as that required in preparing for trial.

  • Hine v Hine
    • Court of Appeal
    • 09 July 1962

    It seems to me that the jurisdiction of the Court over family assets under Section 17 is entirely discretionary. Its discretion transcends all rights, legal or equitable, and enables the Court to make such order as it thinks fit. This means, as I understand it, that the Court is entitled to make such order as appears to be fair and just in all the circumstances of the case.

  • Jefferson Ltd v Bhetcha
    • Court of Appeal (Civil Division)
    • 03 May 1979

    In my view it would be wrong and undesirable to attempt to define in the abstract what are the relevant factors. By way of example, a relevant factor telling in favour of a defendant might well be the fact that the civil action or some step in it, would be likely to obtain such publicity as might sensibly be expected to reach, and to influence, parsons who would or might be jurors in criminal proceedings.

  • Re W (Abduction: Domestic Violence)
    • Court of Appeal (Civil Division)
    • 06 July 2004

    In my experience, it is well recognised, both in the domestic and the international jurisdictions, that in the context of domestic violence, the position of the child is vitally affected by the position of the child's mother. If the effect on the mother of the father's conduct is severe it is, in my judgment, no hindrance to the success of an Article 13 (b) defence that no specific abuse has been perpetrated by the father on the child.

  • Savings & Investment Bank Ltd v Gasco Investments (Netherlands) B.v (No. 2)
    • Court of Appeal (Civil Division)
    • 12 November 1987

    In the present case the undertakings which were offered and accepted to preserve the assets in this country clearly fell within the concept of interlocutory proceedings to protect what would be the fruits of victory in the main suit if not the property which was the subject matter of the action itself. I think that here lies the crucial distinction between interlocutory and final proceedings.

  • Pettitt v Pettitt
    • House of Lords
    • 23 April 1969

    So that, in the absence of all evidence, if a husband puts property into his wife's name he intends it to be a gift to her but if he puts it into joint names then (in the absence of all other evidence) the presumption is the same as a joint beneficial tenancy.

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  • Petty Sessions (Ireland) Act 1851
    • UK Non-devolved
    • January 01, 1851
    ... ... s. d ... Copy of any written Information or Complaint in Summary Proceedings ... Drawing any Notice required by Law in Proceedings by or before Justices (when required ... by the Party) ... Summons, and Copy ... Warrant (except in any Case of a Committal for an Offence ... ...
  • Summary Jurisdiction Act 1879
    • UK Non-devolved
    • January 01, 1879
    ... ... S-36 ... Summons of witness when out of the jurisdiction of a court of summary jurisdiction. 36 Summons of witness when out of the jurisdiction of a court of ... ...
  • Municipal Corporations (Ireland) Act 1840
    • UK Non-devolved
    • January 01, 1840
    ... ... contained relative to Offences against this Act punishable upon summary Conviction. S-XXVII ... Wards to be denominated by the Names in the ... proposed to be transacted at such Meeting; and in every Case a Summons to attend the Council or Board, specifying the Business proposed to be ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... (4) The court may—(a) issue a summons requiring the offender to appear before the court at the time and place ... 2020/1236, reg. 2 ... Committal following summary trial: adults and corporations ... 14: Committal for sentence on summary ... ...
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Books & Journal Articles
  • Service of Summons
    • No. 15-4, October 1951
    • Journal of Criminal Law, The
    ... ... T HE issue of a summons by a magistrate is the normal way of instituting proceedings for the less serious offences in a court of summary jurisdiction. If the person to whom the summons is directed, or his legal represent- ative, fails to appear before the court at the time ... ...
  • Court of Appeal
    • No. 13-3, July 1949
    • Journal of Criminal Law, The
  • “Under My Hand and Seal”
    • No. 30-3, July 1957
    • Police Journal: Theory, Practice and Principles
    ... ... statement of the practice down to the passing of the Summary Jurisdiction Act, 1848, and consequently before offenders could be ... In the Summary Jurisdiction Rules, 1886, the form of summons contained a place fer a seal (as indeed did the Summary ... ...
  • The Administration of Justice in Ireland
    • No. 34-1, March 1968
    • International Review of Administrative Sciences
    ... ... serve  on the  defendant  a ’Plenary  Summons’, ... parliament (Oireachtas) is  ultra vires the Con- ... court  of  summary" jurisdiction  with  a  limited ... Under the rules  of court,\xC2" ... ...
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Law Firm Commentaries
  • Scotland's New Litigation Procedures
    • Mondaq United Kingdom
    ... ... usually with the vast majority of cases being undefended the summons, by necessity, is not usually drafted with any great precision. Many ... A Small Claim is very similar in form and substance to a Summary Cause action with the proposed financial limit being £1,500. As for the ... ...
  • Uncertain Tax Positions
    • Mondaq United Kingdom
    ... ... Statement Tax Reserves and Separately Wins Battle Over Right to Summons Tax Workpapers in Textron ... In January 2010, the Internal Revenue ... UTP disclosure requires a concise summary of each UTP that is part of a taxpayer's tax reserve computation for ... ...
  • How To Tackle Illegal Occupation Of Private Land
    • Mondaq United Kingdom
    ... ... If the illegal occupiers fail to remove, a Summary Cause action has to be raised at the local Sheriff Court ... In the ... Sheriff Officers are required to serve the summons before the return date to give the illegal occupiers time to respond and ... ...
  • Opposition Practice At The EPO ' Advice For Patent Owners
    • Mondaq UK
    ... ... amendments to the claims. Next the EPO will issue a summons to ... attend an oral hearing together with a non-binding preliminary ... prove to be inconclusive ... In summary, the aim for a patent owner when defending an ... opposition should always ... ...
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  • Court of Appeal mediation scheme - combined form 56A and 56B
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... • The parties must agree not to serve a witness summons on or otherwise require the mediator or any ... employee of the Civil ... Parties should exchange and send the mediator a short summary of their position in writing, preferably no ... more than 5-10 pages long, ... ...
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