Rastin v British Steel
| Jurisdiction | England & Wales |
| Judge | Sir Thomas Bingham Mr,Beldam,Saville L JJ. |
| Judgment Date | 17 February 1994 |
| Court | Court of Appeal (Civil Division) |
| Date | 17 February 1994 |
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59 cases
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Re Order 17, Rule 11 of the County Court Rules; Bannister v S.G.B. Plc and Others and other Cases
...the Rule does not apply to counterclaims. In any event we do not consider it is open to a court to make an order to which the principles (eg Rastin) on reinstatement apply, having regard to the existing authorities (eg Costellow) which are applied in cases that are not the subject of the au......
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Williams v Globe Coaches (A Firm)
...case I would allow the appeal and order that the action be re-instated. LORD JUSTICE WAITE 31 I agree. LORD JUSTICE OTTONRastin v British Steel & Ors [1994] 1 WLR 732. That series of decisions achieved part, at least, of its purpose, in that certain of the questions which had given rise to ......
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Reville v Wright
...PIQR at 377. The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests, (see Rastin page 740 G-H and Hoskins page 381—382; (b) in relation to both these tests the onus of proof lies on the plaintiff; (c) the plaintiff must satisf......
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Jackson v Slater Harrison & Company Ltd
...support of those general propositions Mr. Hytner referred us to passages in the judgment where the judge expressly referred to the cases of Rastin and Hoskins; he warned us of the serious danger of this Court going back into the circumstances of a particular case. Accordingly we should not ......
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1 books & journal articles
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AUTOMATIC DISCONTINUANCE UNDER ORDER 21 RULE 2 — FIRST DORMANT, THEN DEAD…
...that an application to extend the year-long period can only be made before the year-long period is up. 37 [1997] 4 All ER 129. 38 [1994] 2 All ER 641. 39 [1993] 2 SLR 232. 40 [1997] 2 SLR 752. 41 A similar example was cited in Wee Siew Noi, supra, to illustrate conduct on the part of the de......