Smith v Linskills (A Firm)

JurisdictionEngland & Wales
Date1995
CourtQueen's Bench Division
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9 cases
  • Smith v Linskills (A Firm)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 February 1996
    ...law and/or should be allowed to proceed." 10 It was this preliminary issue which came before Potter J, whose decision is reported at [1995] 3 All ER 226. He ruled that Mr Smith's case was not sustainable in law and should not be allowed to proceed. It is the correctness of that decision wh......
  • Harris v Evans and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 April 1998
    ...-v- Chief Constable of the West Midlands Police [1982] A.C. 529) was strongly affirmed by Sir Thomas Bingham M.R. (as he then was) in Smith -v- Linskills [1996] 1 WLR 763 at p. 773. But there are established exceptions to the bar, one of which is the emergence of fresh evidence. In Walpole ......
  • Kelley v Corston
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 10 July 1997
    ...public interest to avoid "re-hearings" of matters already heard and decided in another court of competent jurisdiction. (see also Smith v Linskills (a firm) [1996] 1 WLR 763) 32 In Walpole v Partridge & Wilson [1994] QB 106 the argument on behalf of the defendant's solicitors was that the p......
  • Barratt v Ansell (t/a as Woolf Seddon); Arthur JS Hall & Company v Simons
    • United Kingdom
    • House of Lords
    • 20 July 2000
    ...did not, however, "lay down an inflexible rule to be applied willy-nilly to all cases which might arguably be said to be within it:" Smith v. Linskills [1996] 1 W.L.R. 763, 769C-F per Sir Thomas Bingham, M.R. (now Lord Bingham of Cornhill) It is, however, prima facie an abuse to initiate a......
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