Third Party Procedure in UK Law

Leading Cases
  • R v Ahmed
    • Court of Appeal (Criminal Division)
    • 28 Oct 2004

    It seems to us that that exercise is prescribed by the provisions of the Act as we have already indicated. The court is merely concerned with the arithmetic exercise of computing what is, in effect, a statutory debt. That process does not involve any assessment, in our judgment, of the way in which that debt may ultimately be paid, any more than the assessment of any other debt. No questions therefore arise under Article 8 at this stage in the process.

    Different considerations, will, however arise if the debt is not met and the prosecution determine to take enforcement action, for example by obtaining an order for a receiver. As the House of Lords explained in Re Norris [2001] 1WLR 1388, this is the stage of the procedure in which third party's rights can not only be taken into account but resolved.

  • R v Reading Justices, ex parte Berkshire County Council
    • Queen's Bench Division (Administrative Court)
    • 03 May 1995

    (iv) it is not sufficient that the Applicant merely wants to find out whether or not the third party has such material documents. This procedure must not be used as a disguised attempt to obtain discovery.

  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
    • House of Lords
    • 22 Jul 1993

    If this is the right view of the case, it is unexceptionable: a prohibition on assignment normally only invalidates the assignment as against the other party to the contract so as to prevent a transfer of the chose in action: in the absence of the clearest words it cannot operate to invalidate the contract as between the assignor and the assignee and even then it may be ineffective on the grounds of public policy.

  • Brink's Mat Ltd v Elcombe
    • Court of Appeal (Civil Division)
    • 12 Jun 1987

    In one or two other recent cases coming before this court, I have suspected signs of a growing tendency on the part of some litigants against whom ex parte injunctions have been granted, or of their legal advisers, to rush to the R. v. Kensington Income Tax Commissioners principle as a tabula in naufragio, alleging material non-disclosure on sometimes rather slender grounds, as representing substantially the only hope of obtaining the discharge of injunctions in cases where there is little hope of doing so on the substantial merits of the case or on the balance of convenience.

  • Cape Intermediate Holdings Ltd v Mr Graham Dring (for and on behalf of The Asbestos Victims Support Group)
    • Supreme Court
    • 29 Jul 2019

    The Asbestos Victims Support Groups Forum UK (“the Forum”) is an unincorporated association providing help and support to people who suffer from asbestos-related diseases and their families. It is also involved in lobbying and promoting asbestos knowledge and safety. No particular case was identified but it was said that they would assist in current cases.

  • Lister v Romford Ice and Cold Storage Company Ltd
    • House of Lords
    • 20 Dic 1956

    What mattered was that the duty was there. It is a familiar position in our law that the same wrongful act may be made the subject of an action either in contract or in tort at the election of the claimant, and, although the course chosen may produce certain incidental consequences which would not have followed had the other course been adopted, it is a mistake to regard the two kinds of liability as themselves necessarily exclusive of each other.

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Legislation
  • Act of Sederunt (Rules of Court Amendment No. 14) (Third Party Procedure) 1976
    • UK Non-devolved
    • 1 de Enero de 1976
  • Land Reform (Scotland) Act 2016
    • Scotland
    • 1 de Enero de 2016
    ...... S-18 . Regulation of procedure 18 Regulation of procedure . (1) The ... community body or, as the case may be, the third" party purchaser (as defined in section 54(1)(b))\xE2\x80"......
  • Revenue Scotland and Tax Powers Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... provision about the membership, procedures and staffing of Revenue Scotland. Functions of ... or the Scottish Ministers is or are party. S-18 . Protected taxpayer information: use by ... to obtain information and documents from third party 124 Power to obtain information and ......
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ......, restrictions, remedies and procedures which, immediately before exit day— . (a) (a) ... of the United Kingdom ceasing to be a party to any of the EU Treaties, . (f) (f) does not ... on standards for the qualification of third-country nationals or stateless persons as ......
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Books & Journal Articles
  • Bilateralism or multilateralism? The political economy of avoiding international double taxation
    • Núm. 16-4, Diciembre 2010
    • European Journal of International Relations
    Why do states cooperate bilaterally or multilaterally? This article addresses the issue using the example of international double tax avoidance. It is argued that double tax avoidance exhibits the ...
    ...... games there is no need for third-party enforcement. Instead, the Mutual ent Procedure (MAP) is a device to address problems of ......
  • Courts of Summary Jurisdiction
    • Núm. 32-1, Enero 1968
    • Journal of Criminal Law, The
    ......THIRD PARTY PROCEDURE IN THE CRIMINAL LAW The ......
  • Book Review: The Indonesian Story: The Birth, Growth and Structure of the Indonesian Republic
    • Núm. 5-1, Marzo 1950
    • International Journal
    ...... avail themselves of the arbitration procedure prescribed in the Cheribon Agreement. The ... lead to strain and the need for third-party procedure are the dramatic exception. ......
  • Team of former rivals
    • Núm. 53-3, Mayo 2016
    • Journal of Peace Research
    Why do states form non-aggression pacts? Non-aggression pacts are different from typical alliances because the latter tend to be focused on relationships between members of the alliance and other s...
    ...... conflicts between an alliance member and a third-party challenger. We offer two contributions that ...We use the ‘k’-adic statistical procedure to model non-aggression pact formation as a ......
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Law Firm Commentaries
  • Landmark decision awards security for costs against third-party funder in excess of funder’s commitment
    • JD Supra United Kingdom
    The decision in Sandra Bailey & Others v GlaxoSmithKline UK Limited on 8 December 2017 examines the exposure of third-party funders to security for cost applications and considers whether the s...
    ......Under the English Civil Procedure Rules the Courts may order security for costs to be provided by third parties who fund litigation on a commercial basis. The "Arkin cap" is the ......
  • Access to court documents by an interested third party
    • JD Supra United Kingdom
    What court documents can you gain access to as a third party interested in a case? More importantly, what can third parties access in relation to a case in which you are a party? The recent Court o...
  • English Court Increasingly Willing To Order Disclosure From Third-Party Devices
    • JD Supra United Kingdom
    Two recent English cases illustrate the court’s receptiveness to disclosure orders in relation to informal communications on personal devices. In two recent decisions, the English Court ...
    ......The decisions are discussed below. Regardless of whether disclosure is sought under the existing provisions of the Civil Procedure Rule (CPR), or the Disclosure Pilot Scheme, the Court will apply the principle of proportionality in making or varying an order for disclosure. ......
  • UK Insolvency Reform – Evaluating Pre-Pack Sales to a Connected Person
    • JD Supra United Kingdom
    EXECUTIVE SUMMARY - A Pre-Pack Sale is the sale of all or substantially all of an English company’s assets to a third-party purchaser immediately or shortly after the distressed company goes into a...
    ...... all of an English company’s assets to a third-party purchaser immediately or shortly after the distressed company goes into a UK rescue procedure called administration. The attraction of a ......
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