High Court: King's Bench Division judgments, 2024

Continuation of a super-injunction requires a careful balance between the protection the order may provide and its interference with freedom of expression and…

The continuation of an interim non-disclosure order requires a clear and cogent evidential basis. A super-injunction requires strict necessity, and…

On an application for strike-out or summary judgment, the court may determine a clear issue of law or contractual construction, but must not conduct a…

A court may determine permission to appeal after handing down judgment where, on an objective construction of its order, the hearing has been adjourned for…

Permission for collateral use of witness statements under CPR 32.12(2)(b) depends on the interests of justice. The applicant must ordinarily show special…

On an application for summary judgment, the court may decide a short point of law or construction where the evidence is sufficient and the claim has no…

A default judgment must be set aside under Civil Procedure Rules 1998, r 13.2 where the conditions in r 12.3 were not satisfied, including where the claim form…

In a clinical negligence claim involving mixed medical conditions, the claimant must prove on the balance of probabilities that the negligence either caused…

On a forum non conveniens application, the court must identify an alternative forum with competent jurisdiction that is both available and more appropriate for…

Service under Companies Act 2006, section 1140 is a parallel statutory code. A director may be served at a registered address in England even when physically…

An appellate court should interfere with a case-management decision only where it was wrong, in the stringent sense applicable to discretionary case…

On an application to amend, the court should refuse permission where the defendant has a reasonably arguable limitation defence. Under section 32 of the…

A prison governor has a broad discretion to organise prison accommodation and to address the particular needs of prisoners or groups of prisoners, subject to…

In assessing laches, the court must undertake an equitable evaluation of the length and explanation of the delay, the acts done during the interval, and the…

In determining the meaning of allegedly defamatory publications, the court must identify the single natural and ordinary meaning which the hypothetical…

A provisional medical opinion may amount to a diagnosis, whether or not formal testing or specialist assessment has occurred. Patient consent is not required…

A care provider may have an arguable restitutionary claim against a local authority where it has supplied care and accommodation meeting needs for which the…

When deciding whether to extend or disapply a limitation period, the court must assess all the circumstances and conduct a fair evaluation of the statutory…

Where a claimant seeks a mandatory order against a public body exercising a public-law duty, the judicial review procedure must be used. This remains so where…

In subject access litigation, a claimant challenging reliance on an exemption is not entitled, during disclosure or inspection, to obtain the very documents or…

A person who knows of a court order must obey it unless and until it is set aside, even if the order is believed to be irregular, void or wrongly made. Legal…

In a clinical negligence claim, the standard for inserting a PEG tube required the device to be fitted without undue tension and with sufficient play. The…

Under CPR 31.22(2), the court may restrict collateral use of material referred to in open court where the applicant identifies specific commercial sensitivity…

Applications to serve proceedings on persons unknown require evidence that the proposed method of service is reasonably likely to bring the claim to the…

Section 33 of the Limitation Act 1980 requires a broad balance of prejudice. Where limitation is tried with the merits, the court may decide the claim against…

In a civil claim arising from the use of a Taser, the defendant bears the burden of proving that the force was reasonable. The court first identifies what the…

The court may make an asset disclosure order extending beyond the territorial scope of an existing freezing order where the information is needed to police…

An interim injunction may restrain organised or impromptu car cruising where the evidence shows a serious issue involving dangerous driving, nuisance or…

Under Practice Direction 1A, the court must identify any vulnerability likely to restrict a party’s full participation or a witness’s ability to give best…

Final injunctions against persons unknown and named environmental protesters may be granted where the claimant proves a strong probability of future tortious…

On an application for permission to appeal, a trial judge sitting with a jury may determine an issue where the evidence permits only one reasonable inference.…

On an application to strike out pleaded particulars of harassment, the court must consider the alleged course of conduct as a whole. Individual incidents…

Default judgment cannot be entered where an acknowledgment of service has been filed by the date the application is considered, even if it was filed late.…

An adjournment may be justified where an unrepresented defendant faces a serious trial and the resulting disadvantage may not be attributable to her conduct.…

Interim confidentiality relief must be defined with precision and framed proportionately. An employer cannot restrain a former employee from using general…

Where an application to extend time for a jurisdiction challenge is made in time, the court should exercise its ordinary discretion under the overriding…

A claim may be struck out where it has no realistic prospect of success and is bound to fail on the pleaded and established facts. Data protection claims…

Occupiers and organisers of dangerous sporting activities must take reasonable steps to protect participants from foreseeable risks of serious injury. A…

In assessing damages after default judgment, the court must scrutinise every head of loss and award only what is justified by evidence and law. Unchallenged…

At an application to strike out or obtain reverse summary judgment, pleaded facts are assumed to be provable, but the court may determine a short point of law…

A claimant cannot avoid the rule against abusive repeat proceedings by discontinuing an earlier claim and later issuing a claim based on a different cause of…

Sanction for contempt by breach of an injunction is analogous to sentencing, but criminal sentencing guidance is not applied mechanically. The court should…

Where an unidentified perpetrator of a cyber-attack does not engage with proceedings, the court may determine an application on the papers if the defendant has…

Open justice is the starting point in civil proceedings. Anonymity and reporting restrictions are exceptional derogations requiring clear and cogent evidence…

A diagnosis of non-freezing cold injury is a clinical diagnosis based on the overall clinical history. It requires evidence of cold exposure, subsequent…

An appellate court should interfere with a case-management decision only for an error of principle, material omission or wrongful consideration, or an…

A judgment for damages to be assessed leaves quantification open, but it does not permit a defendant to dispute facts or causal findings expressly determined…

On an application for strike out and summary judgment involving DIFC employment law, the court may decide a foreign-law issue summarily only where one expert…

On an application under Town and Country Planning Act 1990, s 187B, the court has an original discretion whether to grant an injunction. It must assess for…

Liability for publication of online reviews must be proved on the balance of probabilities. A prima facie inference from a reviewer’s initials or apparent…

On an assessment following judgment after striking out a defence, the court determines the claimant’s contractual entitlement from the pleadings and admissible…

After judgment, the court may grant further orders needed to make existing injunctions effective and secure compliance. Such orders may require a judgment…

A Group Litigation Order may be made where claims raise common or related issues and group management would further the overriding objective. Agreement between…

A natural person may be a data controller under the UK GDPR, either alone or jointly with a legal person. The fact that an individual is a trustee, consultant…

An injunction carrying penal consequences must be construed strictly and by its objective, ordinary meaning in the context known when it was made. A…

Applications concerning voluntary bills of indictment are criminal proceedings for costs purposes. The fact that the application is heard in the High Court, or…

Where money is transferred in circumstances said to constitute a loan or gift, the court determines the parties’ intention from all the evidence on the balance…

In a civil damages claim, a regulatory approval or update decision does not necessarily determine whether an individual vehicle contains a prohibited defeat…

Where communal religious worship in prison can occur only through the state’s positive intervention, the claim is ordinarily assessed under the state’s…

On an application for summary judgment, the court must separately ask whether the relevant claim or issue has no real prospect of success and whether there is…

Pre-action disclosure under CPR 31.16 requires satisfaction of the jurisdictional conditions and a separate discretionary assessment. The prospect that…

For contempt by breach of an injunction, the court must prove to the criminal standard that the defendant had notice of an unambiguous order, deliberately…

When determining consequential costs orders after a multi-issue trial, the court should assess the overall extent of success rather than count issues…

Under section 204(2A)(b) of the Housing Act 1996, an applicant must establish a good reason both for failing to bring the appeal within 21 days and for any…

Damages for battery may be awarded without physical injury. The compensatory award may reflect discomfort, disgrace, humiliation and injury to feelings.…

Under section 1(4) of the Civil Liability (Contribution) Act 1978, a party making a bona fide settlement may pursue contribution without proving its own actual…

In a clinical negligence claim, the court assessed damages following admitted liability for a delayed cancer diagnosis and rejected allegations of fundamental…

An appellate court reviewing a first-instance decision must not conduct a fresh evaluation of the evidence. It may interfere with primary factual findings only…

On an appeal from interlocutory decisions, a pleaded allegation of dishonesty should be struck out only where the pleaded facts cannot support it. The court…

In a members’ club, disciplinary powers arise from the contractual effect of the club’s articles, rules and procedures. The court determines whether…

Sentencing for contempt must reflect both punishment and securing future compliance. The court must assess whether imprisonment is necessary, the shortest…

Interim restraints protecting confidential information, clients and employees may be granted where there is a serious issue to be tried and the claimant’s case…

A final precautionary injunction may be granted where there is a strong probability of future breach of the claimant’s rights and grave, irreparable harm for…

On applications under CPR Parts 3 and 24, the court may determine a clear legal issue without a trial, but must not conduct a mini-trial or decide a case…

In a data protection claim concerning media publications, personal data must be identified by reading the publication as a whole and considering the contextual…

A preliminary issue should be ordered only where its determination is likely to dispose of the proceedings or materially advance them, having regard to the…

Court injunctions must be obeyed unless and until discharged, even where the respondent considers them wrongly made or contrary to the evidence. In contempt…

An appeal court reviewing a costs order must respect the broad discretion of the first-instance judge. It should intervene only where the decision is…

A purchaser’s beneficial interest under a vendor-purchaser trust is governed by the sale contract. Where that contract prohibits assignment or transfer, the…

Permission to commence committal proceedings requires a strong prima facie case on each alleged contempt, assessed without determining the merits. The court…

A claim may proceed to trial where the pleaded case discloses legally recognisable causes of action and the evidence raises factual issues requiring…

A contractual jurisdiction clause must be construed as a whole, giving effect to its natural and ordinary meaning and commercial purpose. An express submission…

In a libel claim, serious harm may be proved by inference from the gravity and meaning of the allegations, the claimant’s profile, the circumstances and extent…

In a libel remedies hearing following default judgment, damages must compensate injury to reputation, vindicate the claimant’s good name, and reflect distress…

An interim payment may include conservative estimates of special damages that will accrue before trial where those losses will ultimately form part of a…

Interim injunctions restraining allegedly defamatory publication are governed by the rule in Bonnard v Perryman, not the ordinary American Cyanamid principles.…

Permission to bring contempt proceedings requires a strong prima facie case and a public interest in a substantive hearing. Where allegations are many years…

A claim under the Human Rights Act 1998 cannot be used to challenge a criminal conviction or obtain its reversal where the complaint concerns a judicial act.…

A course of conduct may amount to harassment even where it consists substantially of journalistic publication on a matter of public interest. The court must…

Where a contract requires an invoice before payment proceedings may be brought, a bona fide invoice satisfies that precondition even if its amount is later…

Agents acting for a business may incur liability for fraudulent misrepresentations made within the scope of their actual or ostensible authority, even where…

In clinical negligence claims concerning consent, the professional practice test does not determine whether material risks or reasonable alternatives should be…

An injunction requires a cause of action entitling the applicant to substantive relief. A party cannot ordinarily obtain an injunction, ostensibly for…

Findings of fundamental dishonesty made in personal injury proceedings do not automatically determine later contempt proceedings. The committal court must…

In contempt proceedings, the court may authorise alternative service where personal service has been frustrated and the chosen method is likely to bring the…

A precautionary newcomer injunction may restrain anticipated trespass and nuisance by persons unknown where there is an imminent and real risk of harm. The…

Liability for an accident involving access scaffolding depends on proof of both breach and causation. The use of standard ladder clips, and their orientation…

On discontinuance, the presumption that the claimant pays the defendant’s costs may be displaced where the defendant’s conduct provides a cogent and unusual…

A defendant may obtain summary judgment where the claimant has no realistic prospect of establishing a causative breach and there is no compelling reason for a…

In a slander claim, the meaning of spoken words must be assessed objectively by reference to the words, their immediate context and the impression conveyed to…

A continuation of a newcomer injunction requires the court to review the updated evidence, while retaining the findings supporting the existing order. The…

When approving a settlement for a protected party, the court must decide whether the proposed terms are in that party’s best interests and consistent with the…

A precautionary newcomer injunction may be granted where there is an imminent and real risk of harm from threatened trespass or nuisance. In this context…

Relief from sanctions may be granted where a late witness statement became necessary only after a new issue arose, the applicant acted promptly, and the…

For an interim freezing order supporting foreign proceedings, the claimant must establish personal jurisdiction, foreign civil proceedings, a good arguable…

Where an application for strike out or summary judgment is highly fact-sensitive and substantially overlaps with the issues for trial, the court may defer…

A lower court cannot entertain a retrospective application for permission to appeal where no application was made at the original decision hearing and that…

A patient who is medically fit for discharge has no legislative right to remain in an NHS hospital bed while awaiting a preferred placement. A hospital may…

In a delayed personal injury claim arising from historic sexual assaults, the claimant must establish that it is equitable to disapply the primary limitation…

Where a judgment debtor’s pension rights do not presently give rise to a debt due or accruing due, the court may use its power under Senior Courts Act 1981…

A taxi driver owes passengers a continuing duty to take reasonable care for their safety. Driving away with a passenger in the vehicle, an open door and…

A precautionary injunction against persons unknown requires compelling justification. The claimant must show a strong probability of a future tort or breach of…

Settlement of a child’s personal injury claim requires the court’s independent approval. The court must determine whether the proposed settlement is in the…

Section 57 of the Criminal Justice and Courts Act 2015 applies to claims for damages in respect of personal injury, including assault and battery, but not…

An interim injunction protecting private or confidential information requires a structured assessment. The court should first consider, under ordinary quia…

A wasted costs order is a summary, compensatory jurisdiction. The applicant must identify sufficiently particular improper, unreasonable or negligent conduct…

The general case-management power under Civil Procedure Rules 1998, CPR 3.1(2)(m), may be used to set aside an appeal order made in a party’s absence. The…

Damages for tort are assessed to provide full compensation, while maintaining fairness and proportionality between the claimant’s reasonable needs and the…

Terms in an employment handbook may be incorporated separately into an employment contract where the parties intended that result and the particular provision…

Unlawful detention damages are assessed globally and fact-sensitively. Comparable awards are illustrative, not a rigid daily-rate framework, and tapering may…

Issue estoppel may arise from proceedings in the Crown Court where the issue determined is civil in nature and concerns property rights, even though the…

In a clinical negligence claim, the court held that a doctor may satisfy the duty concerning reasonable alternative treatments by offering options supported by…

On an application for an interim injunction under the Protection from Harassment Act 1997, the court may proceed in a respondent’s absence where there was…

A person who knows of an injunction and deliberately acts contrary to its terms may be committed for contempt. The validity of the injunction must be treated…

Where confidential asset information must be disclosed under an interim freezing order, a confidentiality club may include the receiving party’s existing…

A driver of a large vehicle travelling through busy city traffic must maintain a high level of awareness of cyclists and motorcyclists who may filter past on…

Reduction of a costs budget does not, by itself, justify a costs penalty. However, the court may take a rounded view of the costs-management exercise and apply…

An interim injunction to recover possession from an alleged trespasser requires a serious issue to be tried, consideration of damages as an adequate remedy…

Permission to serve a defamation claim outside the jurisdiction requires satisfaction of three separate conditions: an applicable gateway, a real prospect of…

An undertaking to the court is equivalent to an injunction and may be enforced by committal. Its meaning and effect are construed strictly, having regard to…

A local authority may use its statutory powers to seek an injunction restraining actual or threatened public nuisance where it considers proceedings expedient…

An employer exercising a contractual discretion over a discretionary bonus must act rationally and in good faith, take account of legally relevant…

Injunctions against persons unknown who may engage in future unlawful conduct are a distinct form of without-notice relief, whether framed as interim or final.…

A private care provider is not a hybrid public authority merely because it provides state-funded care, is regulated, or performs a function with social…

A representative action under CPR rule 19.8 requires the representative and represented persons to have the same interest in a claim when the court assesses…

Equitable charges created before a later charging order may take priority, even where the security documents contain drafting errors. The court construes such…

An appellate court should not interfere with an award of damages unless the first-instance judge applied a wrong legal principle, misapprehended the facts, or…

A publisher relying on statutory reporting privilege must establish that the publication is a fair and accurate report or extract and that the relevant source…

A civil restraint order is justified where a litigant has persistently issued claims or made applications certified as totally without merit. Earlier findings…

In assessing damages for historic childhood sexual abuse, the court should separate compensation for the assaults themselves from compensation for their…

The court has a wide discretion to make costs orders after costs management. Although an ordinary costs management hearing will generally result in costs being…

Committal for civil contempt requires clear and unambiguous terms, proper notice, and proof of breach beyond reasonable doubt. The court applies the principle…

The court may grant urgent interim relief against persons unknown responsible for a ransomware attack where confidential information has been unlawfully…

An interim payment must not exceed a reasonable proportion of the likely final judgment. The assessment should be conservative, but a high proportion of that…

A claim seeking only declarations that primary tax legislation is incompatible with EU law is a public law challenge. It must generally be brought by judicial…

A local authority owning land beside a non-tidal river has standing to seek injunctions protecting its proprietary rights and the interests of local…

For an interim harassment injunction, the court must predict whether the claimant is likely to establish at trial a course of conduct which is oppressive and…

In determining meaning in online libel claims, the court must identify the particular statement and publication complained of, read the publication as a whole…

An order appointing an independent lawyer to repeat a disclosure review is exceptional and intrusive. The court should begin with the assumption that…

Covenants restraining trade are prima facie unenforceable. The party relying on them must show that they are reasonable in the interests of the parties and the…

In a clinical negligence claim, the Bolam standard is applied by reference to the ordinary competent practitioner occupying the relevant post at the material…

In a clinical-negligence claim concerning MRI reporting, the court must first determine as a matter of fact what the images show. It must then assess whether…

Procedural defects in an application to extend time for service do not necessarily invalidate the resulting order. Where the claimant has made an identifiable…

An application to strike out under CPR rule 3.4 involves two stages: whether a specified ground is established, and whether strike-out should be ordered in the…

Under CPR rules 7.3 and 19.1, whether multiple claims may proceed on one claim form turns on convenience. Convenience is assessed by broad judicial discretion…

Service of a claim form on a former partnership requires compliance with the specific service rules applicable to the individual partners and the partnership’s…

In contempt proceedings that may lead to imprisonment, the court may proceed with a directions hearing in the defendant’s absence where the defendant had…

Specific disclosure in a jurisdiction dispute is exceptional, but it may be ordered where it is reasonably necessary for a just determination and can be…

Claims may be consolidated where their facts and issues substantially overlap, even though they are not identical. The court should consider the risk of…

Immunity from suit is not automatically established merely because conduct is connected with court proceedings. Core immunities may operate absolutely within…

A driver is judged by the standard of the reasonably careful driver, armed with common sense and experience, in the actual circumstances of the collision. The…

Harassment requires a course of conduct that is unacceptable and oppressive, not merely unreasonable or disagreeable. The conduct must be assessed as a whole…

Contempt of court requires proof beyond reasonable doubt that a statement was false, materially interfered or was likely to interfere with the course of…

Interim injunctions may be granted to restrain continuing breaches of planning control where there is a serious issue to be tried, damages are unlikely to be…

Where an appeal has been argued on the basis of particular applications and a later order superseding earlier orders, the consequential order normally follows…

The standard of care owed by a professional driver is assessed objectively, in the circumstances prevailing at the time and without hindsight. A driver of a…

Applications for injunctions against persons unknown who threaten disruptive protests require more than the ordinary balance-of-convenience approach. The court…

Harassment may be pursued through publication to third parties and does not require direct communication with the target. Truth is not, by itself, a defence…

Permission to bring contempt proceedings should be granted only where there is a strong prima facie case, the public interest requires proceedings, and the…

A driver is negligent only if her driving falls below the standard of a reasonably careful driver and that failure causes the injury. The standard is assessed…

Where a claim is struck out for failure to comply with a self-executing costs order, the claimant is ordinarily the unsuccessful party and the defendant is…

In a trial of preliminary issues on meaning, the court must determine the single natural and ordinary meaning conveyed to the hypothetical reasonable reader…

In determining the meaning of allegedly defamatory words, the court must assess the publication as a whole from the perspective of the hypothetical reasonable…

For an interim injunction restraining alleged harassment, the court must assess the likely outcome at trial on the evidence presently available. Harassment…

Prolonged procedural inactivity may amount to an abuse of process where it supports an inference that a party has no genuine intention to advance its claim, or…

In determining meaning in a libel claim, the court must consider the publication as a whole. The Charleston principle applies equally where the claimant pleads…

A lease user covenant requiring premises to be used by a fully registered dental practitioner prevents use by a dentist whose registration has been suspended.…

In a clinical-negligence claim, breach is assessed by reference to whether the clinician acted in accordance with a responsible, reasonable and respectable…

A case-management application should identify a practical method for narrowing the issues and should be supported by sufficiently clear grounds. Where…

The ten-year immunity under section 171B(3) of the Town and Country Planning Act 1990 requires proof of a continuous breach throughout the relevant period.…

A group litigation order is available where a number of claims give rise, or are likely to give rise, to common or related issues of fact or law. Meeting that…

A summary possession order is appropriate where the claimant has established its right to possession, the defendant has no real prospect of successfully…

A summary possession order may be made where the claimant shows that the defendant has no real prospect of successfully defending the claim and there is no…

For malicious prosecution, reasonable and probable cause concerns whether there was prima facie admissible evidence sufficient to prosecute each element of the…

A minimum-term review for a person detained during His Majesty’s Pleasure may result in a reduction order where the statutory criteria are met. Exceptional…

In sentencing for contempt arising from breach of an anti-street-cruising injunction, the court should assess culpability and harm by reference to the guidance…

A worldwide freezing order may be granted where the applicant shows a good arguable case for recovery, a real risk of dissipation, and that relief is just and…

Costs budgeting is distinct from detailed assessment. The court considers costs phase by phase and does not fix hourly rates, individual hours or…

A solicitor-client retainer must be construed as a whole. A client care letter may form part of the contractual package and may qualify inconsistent standard…

A claimant may pursue any technically viable cause of action arising from the facts, even where another possible claim is statute-barred or would face stronger…

In medical negligence claims, NICE guidance does not have the force of law. Departure from a strong recommendation may nevertheless require adequate…

A local authority does not assume a common-law duty of care merely by exercising statutory social-services functions or complying with duties owed to a child.…

Section 4(2) of the Rehabilitation of Offenders Act 1974 does not prohibit HMPPS from using spent convictions when completing an actuarial risk assessment. The…

Family loans may be legally enforceable even where they arise from trust, affection and informal arrangements. Domestic and parent-child arrangements attract a…

In defamation proceedings, a trial of preliminary issues on serious harm should ordinarily be left to the trial of liability. The court should be slow to order…

A court may grant summary judgment on discrete issues where the opposing party has no real prospect of success and no other compelling reason requires a trial.…

On an application to serve proceedings on a foreign defendant, the claimant must establish a serious issue to be tried, a good arguable case within a…

A company may, as a matter of practice, operate as a group service company and discharge or channel liabilities for associated companies. A director does not…

Late service of a claim form does not make proceedings a nullity or automatically terminate the claim. A defendant seeking to prevent the claim from proceeding…

Permission to amend a statement of case should be refused where the proposed pleading is incoherent, inadequately particularised, or has no real prospect of…

Under section 4 of the Defamation Act 2013, a publisher must show both an actual and objectively reasonable belief that publication was in the public interest.…

A satisfied judgment bars a subsequent claim against another tortfeasor only where both are liable for the same damage. The rule does not automatically apply…

In determining the meaning of a political tweet, the court must adopt the perspective of the ordinary reasonable reader and assess the publication as a whole…

A judgment in default should be set aside under Civil Procedure Rules 1998, rule 13.2 only where the procedural conditions for default judgment were absent. A…

When deciding whether to grant an injunction under Town and Country Planning Act 1990, section 187B, the court must assess the balance of convenience and…

A claim may be struck out under CPR 3.4(2) where its pleadings are prolix, incoherent and abusive, disclose no reasonable grounds, or are likely to obstruct…

For an interim injunction, the court applies the American Cyanamid principles. It asks whether there is a serious issue to be tried, whether damages are…

A trade union has sufficient legal personality and a distinct reputation to sue in defamation in its own name. Section 10 of the Trade Union and Labour…

In determining the meaning of allegedly defamatory material, the court must identify the single natural and ordinary meaning which the hypothetical reasonable…

Possession proceedings against persons unknown require evidence of reasonable efforts to identify those in possession. The court may adjourn where defendants…

On a jurisdiction challenge, the court determines the application on the assumed facts pleaded, unless those facts are demonstrably untrue or unsupportable. It…

In a clinical negligence claim involving neonatal hypoxic-ischaemic encephalopathy, the court assessed causation on the balance of probabilities by considering…

In framing a disclosure order, the court directed that material predating the specified date should be excluded where its inclusion would create unnecessary…

Permission to appeal requires a real prospect of success. An appeal lies against the order, not an isolated fragment of reasoning. Where a decision rests on…

Where a claimant refuses medical testing relevant to the assessment of damages, the court must decide whether a stay is just and proportionate unless the…

Under Rome II, the law of the place where damage occurs is the default rule. Article 4(2) is a special exception which may apply separately to each…

An agreement between solicitor and client may compromise the amount of costs and prevent assessment under section 70 of the Solicitors Act 1974. The court must…

An appeal against refusal of relief from sanctions is concerned with whether the lower court’s decision was wrong or unjust because of serious procedural or…

Where costs are payable subject to detailed assessment, the court will ordinarily order a reasonable payment on account. A good reason not to do so may arise…

When determining the meaning of a feature film, the court must consider the film as a whole and the impression it would leave on the hypothetical reasonable…

A decision hearing is not adjourned merely because parties later seek to agree consequential orders. Where judgment is handed down without an adjournment and…

Contempt of court allegations must be proved to the criminal standard. The burden rests throughout on the applicant, and a disputed fact must be established so…

An appeal from a county court decision made after an earlier appeal is a second appeal if the later decision was made on the hearing of that appeal. That…

On an application for summary judgment in a breach of confidence claim, the claimant must show that the defendant has no real prospect of successfully…

An undertaking is an emanation of the state for direct enforcement of a European directive only where it is responsible, under state control, for providing a…

For a body trading for profit, each publication sued upon must be shown, on the balance of probabilities, to have caused or be likely to cause serious…

In assessing alleged negligent obstetric management, the court applies the standards reasonably prevailing at the time. A fetal heart trace showing persistent…

A driver owes other highway users the care reasonably expected of a competent driver. Because a motor vehicle has substantially greater potential to cause…

When disclosure ordered by an English court may expose a party to foreign criminal liability, the English court retains jurisdiction to order disclosure. The…

In assessing damages for historic sexual abuse, the court should evaluate the abuse, resulting psychiatric injury and its effects on education, employment and…

A specialist school’s use of physical restraint must comply with its governing policy and applicable guidance. A face-down restraint was unlawful where the…

A driver must use the care of an ordinarily skilful driver, assessed against the actual road, traffic and visibility conditions. Compliance with the speed…

Failure to pay an immediate interlocutory costs order may justify making payment a condition of continuing litigation. The usual form is an unless order…

A newcomer injunction against persons unknown may be granted where the evidence establishes a compelling local need to protect civil rights, enforce planning…

An assured tenancy may end through a valid tenant’s notice to quit, surrender, or surrender by operation of law. A tenant’s notice is a unilateral act which…

An employer may suspend an employee pending investigation where a genuine complaint raises serious issues and a fair investigation would be difficult with the…

The purely personal or household activity exception does not apply where an individual shares personal data collected and held by a company in connection with…

Leave to prefer a voluntary bill of indictment after dismissal of Crown Court charges is an exceptional remedy. It may be granted for a basic and substantive…

In contribution proceedings, responsibility for damage is apportioned by considering both the seriousness of each party’s fault and the extent to which each…

On an appeal concerning causation and damages, an appellate court should respect factual findings unless they contain an identifiable error or cannot…

In civil contempt proceedings arising from deliberate protest activity, sanction is determined by the particular facts. The court must assess culpability and…

The court may order costs budgeting in a child’s claim even though the automatic regime does not apply. The discretion under CPR rules 3.12(1A) and 3.13(3) is…

Anonymity is an exceptional derogation from open justice. The court must balance the individual’s Article 8 rights against Article 10 freedom of expression and…

Contempt of court requires proof to the criminal standard that the defendant had notice of the order, deliberately performed the prohibited act, intended to do…

A claim should not be struck out or summarily dismissed where coherent causes of action are pleaded and the evidence may be materially enlarged by disclosure…

For contempt of an injunction restraining street cruising, the court must sentence to secure future compliance, punish the breach and promote rehabilitation.…

Permission to bring proceedings under Criminal Justice Act 2003, section 329, requires evidence giving the claim a real prospect of establishing either that…

On a committal application, the court must identify precisely what the order required, determine whether it was breached and whether compliance was within the…

Where disclosure has already been ordered, a party may redact material that is irrelevant, but the right to redact must not be interpreted too restrictively or…

In determining the meaning of allegedly defamatory words, the court must identify the single natural and ordinary meaning that the hypothetical reasonable…

On a review of an interim quia timet injunction against persons unknown, the court must assess whether material circumstances have changed since the order was…

In deciding meaning in a defamation claim, the court must identify the single natural and ordinary meaning conveyed to the hypothetical ordinary reasonable…

A deliberate breach of an anti-social behaviour injunction involving dangerous street cruising may justify immediate custody where the conduct creates a very…

A fresh housing application does not automatically or impliedly abandon an earlier application that is the subject of an extant statutory appeal. A later…

An appeal is a review of the decision below, not a retrial or an opportunity to introduce evidence or reargue matters that were, or could have been, raised at…

An interim injunction which requires a defendant to leave or move from land may be mandatory in substance and may provide the claimant with nearly all the…

Injunctions restraining breaches of planning control are granted under a broad, original and discretionary jurisdiction. The court must consider all the…

Interim relief in restraint-of-trade and confidentiality claims is governed by the American Cyanamid test. Although the serious-issue threshold is low, the…

An introducer may assume a tortious duty to provide information and perform services with reasonable care, but that does not automatically make the introducer…

When misconduct proceedings brought by the SRA are dismissed, the starting point is ordinarily no order for costs. An adverse costs order requires a good…

An action alleging breach of duty by LPA receivers must ordinarily be brought against the receivers personally. The receivers are appointed as principals, and…

A trade union’s collective bargaining responsibilities do not ordinarily create a duty of care to individual members disadvantaged by collectively negotiated…

The defence of consent in defamation depends on whether the claimant expressly or impliedly consented to the particular publication complained of. Consent must…

Under CPR 46.5(3)(b), a litigant in person may recover payments reasonably made for legal services relating to the proceedings. The services must be supplied…

A mortgagee may exercise a contractual or statutory power of sale without first issuing court proceedings where the mortgage and loan documents confer no such…

On a challenge to discretionary case-management decisions, the appellate court must respect the first-instance judge’s broad evaluative margin. It may…

Sentencing for civil contempt must reflect the seriousness of the breach while imposing the shortest custodial term consistent with the circumstances. Relevant…

A driver must maintain a proper lookout for all road users, including pedestrians. The required care increases where the vehicle is large or travelling at…

A transfer of a mortgage lender’s beneficial or equitable interest does not, without registration of the legal title, alter the registered proprietor’s legal…

An interim payment cannot be ordered where a live plea of fundamental dishonesty means that the defendant has not admitted liability to pay damages, or where…

Non-party disclosure under CPR Part 31.17 requires more than showing that documents may assist a pleaded issue. The applicant must also show that disclosure is…

A party waives legal advice privilege where they refer to the substance or gist of legal advice, rather than merely its effect, and rely on that reference to…

An appellate court should be slow to interfere with a case-management decision. That restraint does not excuse a failure to give intelligible reasons. Where a…

Permission to appeal should be refused where the proposed appeal merely seeks a different evaluation of factual evidence. An appellate court should not…

A data protection claim may be an abuse of process where it seeks to re-litigate an issue which arose, or could have arisen, in criminal proceedings or earlier…

In high-value group litigation, the court may admit additional expert evidence where it may materially assist determination of an important issue, even though…

Under section 187B of the Town and Country Planning Act 1990, the court may grant a final injunction where, in all the circumstances, restraint of an actual or…

At a first case management conference, standard disclosure was ordered where the parties’ identified issues were intended to guide, rather than replace, the…

An injunction restraining misuse of confidential information remains discretionary even after default judgment. Disclosure or reference to confidential…

An agreement to share profits may be unenforceable where important matters remain unsettled. A broad understanding that work will be remunerated by a…

Libel damages are restorative, not punitive. Their assessment is broad, holistic and intensely fact-specific. The court should consider the gravity of the…

A declaration permitting a closed material application under section 6 of the Justice and Security Act 2013 may be made where sensitive material is relevant to…

A voluntary bill following dismissal of Crown Court charges may be granted where the case falls within an exceptional category recognised in the applicable…

A professional-negligence claim may be struck out or summarily dismissed where the pleaded loss is no more than the obligation to repay money received, because…

At the permission stage of common-law contempt proceedings, the claimant must show a reasonable basis for committal and that pursuing the proceedings is in the…

Where a proposed settlement concerns a child’s claim or dependency, court approval provides an external check on the propriety of the compromise. The court…

In claims for defamation and misuse of private information, the claimant bears the burden of proving publication on the balance of probabilities. There is one…

A medical adjournment application must be assessed against the quality of the medical evidence and the whole procedural history. A bare fitness-for-work…

Under Part 3 of the Data Protection Act 2018, the accuracy principle applies differently to factual data and personal assessments. For witness statements…

Relief from sanction for a late forum non conveniens application depends on the Denton principles. A 30-day breach of the 14-day time limit in CPR 11.1(4) may…

On strike-out and summary-judgment applications, the court must be satisfied that a claim is certain to fail or has no realistic prospect of success. Where…

Contempt of an injunction must be proved beyond reasonable doubt. In sentencing for breach of an injunction, the court should assess culpability and harm…

In committal proceedings for false statements verified by statements of truth, the applicant must prove beyond reasonable doubt that the respondent knew the…

For an interim non-disclosure injunction, the court must be satisfied that the claimant is likely to establish at trial a right to protection against…

A claim for misuse of private information requires an objective assessment of whether a person of ordinary sensibilities would have a reasonable expectation of…

Under section 57 of the Criminal Justice and Courts Act 2015, a personal injury claim must be dismissed where the claimant has been fundamentally dishonest in…

In civil contempt proceedings for breach of an injunction, the applicant must prove knowledge of the order, conduct amounting to a breach, and knowledge of the…

A person is guilty of contempt by breach of a court order only where, to the criminal standard, the order was unambiguous and sufficiently notified, the…

In determining the natural and ordinary meaning of a publication, the court must adopt the perspective of the hypothetical reasonable reader or viewer and…

A false statement verified by a statement of truth may constitute contempt where it is likely to interfere materially with the course or administration of…

A statutory corporation may exercise incidental powers only where they are conducive or incidental to the discharge of an identified statutory function. A…

When construing a document-production order carrying potential contempt consequences, the court must identify what the order means, rather than amend it to…

On an application to strike out or obtain summary judgment, claims arising from negligent trust advice should not be dismissed where the law concerning duties…

Permission to bring private committal proceedings for contempt should be refused unless there is a strong prima facie case and the proceedings satisfy the…

Following a clinical guideline will ordinarily be strong evidence against negligence, but it does not remove the duty to exercise judgment in the individual…

At the case-management stage, the court should be slow to prevent a party from selecting samples in the manner it considers most suitable for its substantive…

Documents referred to or read in a public hearing should ordinarily be available for public use. A party seeking an order under rule 31.22(2) must identify and…

A renewed application for permission to appeal requires an arguable basis for challenging the order under appeal. A speculative claim based on an incomplete…

For the purposes of discrimination under Part 3 of the Equality Act 2010, a service provided solely to a charitable company is not a service provided to the…

Whether leading counsel’s fees are recoverable on detailed assessment depends on whether the instruction was reasonable and proportionate in all the…

A wasted costs order is compensatory. The applicant must show that improper, unreasonable or negligent conduct by a legal representative caused the applicant…

Where a claimant beats a Part 36 offer, the court must make the rule 36.17(4) orders unless doing so would be unjust. The court must assess all the…

On a summary judgment application, the court asks whether the claim has a realistic prospect of success, without conducting a mini-trial. The claimant must…

In a sporting contest, negligence is determined by whether the defendant failed to exercise the degree of care appropriate in all the circumstances. Liability…

In a defamation claim, reference is an essential element which must be properly pleaded. Where identification depends on events or facts outside the…

Where an order is silent as to costs, the general rule under Civil Procedure Rules 1998, r 44.10(1)(a), is that no party is entitled to costs in relation to…

Under section 1(1) of the Law Reform (Contributory Negligence) Act 1945, apportionment is a fact-sensitive and holistic assessment of each party’s…

Inordinate delay in libel proceedings does not, without more, amount to an abuse of process. The court must first decide whether the claimant’s conduct was…

An injunction under section 187B of the Town and Country Planning Act 1990 is discretionary. The court must exercise that discretion judicially and…

On an application for summary judgment or strike out, the court must apply the Easyair principles. It may examine evidence to identify assertions having no…

A wasted costs application is a summary jurisdiction confined to cases that are sufficiently plain and obvious to be dealt with proportionately. The court…

A person is guilty of contempt for deliberately failing to comply with a clear and unambiguous court order where the order was properly served, the person knew…

Summary judgment and strike-out applications require the court to distinguish between claims that are merely fanciful and claims requiring factual…

For a libel claim based on publication to a limited class of identified readers, the serious harm threshold under Defamation Act 2013, section 1(1), ordinarily…

On applications to strike out or obtain summary judgment, the court must assess the claim on the evidence reasonably expected at trial and avoid a mini-trial.…

A claim may be struck out where the statement of case discloses no legally recognisable cause of action, is an abuse of process, or is incapable of being saved…

In assessing damages for a single publication giving rise to several overlapping causes of action, the court may make one global award where separate awards…

A litigation friend must be able to conduct proceedings fairly and competently and must have no interest adverse to the protected party. A family relationship…

Sanction for civil contempt is fact-sensitive and has no tariff. The court must assess culpability and harm, then consider all relevant circumstances…

A director cannot recover against a company where the company’s alleged liability is solely attributable to the director’s own acts or omissions in relation to…

Strike-out and summary judgment are exceptional interlocutory remedies. A defence should be struck out only where it is certain to fail, and summary judgment…

In determining the meaning of allegedly defamatory words, the court must identify the single natural and ordinary meaning conveyed to the hypothetical…

Permission to appeal a refusal to permit contempt proceedings will be refused where the proposed grounds do not establish a properly arguable error capable of…

Group litigation does not attract special disclosure principles, although phased disclosure may be appropriate. Disclosure must be tethered to the pleaded case…

On an interim-payment application, the court must assess the likely final judgment conservatively and avoid overpayment or interference with the trial judge’s…

The starting point is open justice, including identification of persons mentioned in proceedings. Anonymity is an exceptional derogation and must be justified…

A foreign judgment appointing a provisional administrator may have immediate legal effect even without an executory formula or a grosse, where the appointment…

A non-party costs order is governed by the overriding requirement that it be just. In credit hire litigation, the court may consider the commercial benefit…

Where written contracts unequivocally identify the contracting parties, extrinsic evidence cannot be used to contradict that identification. If genuine…

Where personal data held by security and intelligence agencies is operational data processed in the performance of their statutory functions, national-security…

Defendants must plead positively any material factual allegation they are able to admit or deny. A general requirement that the claimant prove allegations does…

An application to strike out for Henderson abuse requires a broad, merits-based assessment of all the circumstances. The fact that matters could have been…

A solicitor must exercise the reasonable care and skill expected of a reasonably competent practitioner, having regard to the scope of the retainer and the…

On an application to amend after expiry of limitation, the court may permit amendments which clarify, particularise or add instances of an existing claim, even…

The court may actively manage an inadequately particularised claim before service, including by requiring clarification and further information, maintaining a…

On strike out or summary judgment, pleaded facts are assumed to be true and the court must be satisfied that a claim is bound to fail, or has no realistic…

In determining the meaning of a television broadcast, the court must assess the broadcast as a whole from the perspective of the ordinary reasonable viewer…

In civil contempt proceedings for breach of an injunction, contempt must be proved to the criminal standard, namely beyond reasonable doubt. Sentencing aims to…

A statement in sale particulars must be construed in its full factual and contractual context. References to development potential, qualified by the need for…

In determining the natural and ordinary meaning of words complained of in defamation, the court must read the publication as a whole and use only context that…

In a historic mesothelioma claim, the claimant must prove exposure to asbestos and breach of duty on the usual balance of probabilities. The court must not…

A general practitioner may breach the duty of care where the presenting history and observed behaviour disclose the combination of fever, headache and…

A viable claim for misuse of private information or data protection requires a real prospect that the misdirected document was opened and read by a third…

A settlement of claims arising from disclosure of personal data bars later claims concerning the same disclosures, but does not extend to distinct processing…

In a defamation claim involving a report of court proceedings, statutory qualified privilege under Defamation Act 1996, section 15 and Schedule 1, is a…

An application to extend time for filing an appeal notice is treated as an application for relief from sanctions. The court applies a three-stage approach…

A public authority responsible for preventing child abduction must operate its protective procedures competently where the risk of removal is real and…

Permission to appeal does not itself authorise a new point to be argued at the hearing. The appellate court may admit a new point where it can determine it…

Contempt of court arising from breach of a civil injunction must be proved beyond reasonable doubt, although the proceedings remain civil. In sentencing, the…

A newcomer injunction against persons unknown may be continued only where there is a compelling need, demonstrated by evidence, to protect the claimant’s…

Default judgment may be entered against some defendants where the claims can properly be dealt with separately from claims against other defendants. The…

Permission to use a witness statement for a purpose other than the proceedings in which it was served is discretionary under CPR 32.12. The applicant must show…

Permission is required for a private contempt application alleging interference with the administration of justice unless the alleged conduct relates to…

On the return date of an interim injunction, the court must continue the injunction where the claimant is likely to succeed, damages are inadequate and the…

Interim relief should not be granted where the court lacks sufficient assurance about the legal merits, damages would adequately protect the applicant, or the…

For enforcement of a foreign judgment at common law, voluntary submission depends on whether the defendant objectively made an unequivocal representation, by…

A vehicle owner owes a duty to take reasonable care to keep a vehicle and towing equipment safe and roadworthy for the use made of them. Where manufacturer’s…

When approving a party’s costs budget, the court must consider any relevant material, including the opposing party’s budget where it may assist in assessing…

A High Court injunction application is misconceived where it seeks the same relief already refused by a county court in extant proceedings between the parties.…

On a return date for an injunction obtained without notice, the court may continue interim protection for a short, proportionate period where there is a…

On a without-notice application, the court may adjourn the matter where the documents are incomplete and the respondents have not been specifically informed…

A High Court should not be used to obtain urgent relief which substantially duplicates or cuts across proceedings already before a county court. A…

In further and higher education, the duty to make reasonable adjustments is anticipatory. It arises from the provision, criterion or practice, its substantial…

On an appeal concerning enforcement of judgment debts, a court must not materially vary an order without notice where the variation affects the procedure or…

Where an urgent injunction application can be heard promptly at a short adjourned hearing, the court may adjourn it to provide the respondent with a meaningful…

On a without-notice application for interim protection, the court may make a holding injunction where the evidence shows a strongly arguable claim and the…

Where civil proceedings overlap with pending criminal proceedings, the civil court may pause their progression where disclosure could create a real risk of…

An interim application must be brought in the court and procedural forum with responsibility for the relevant proceedings. A judge sitting in the King’s Bench…

Re-litigation may amount to an abuse of process where a claimant has abandoned or compromised substantially the same claims in earlier proceedings. The rule in…

A driver responding to an emergency remains under a duty to keep a proper lookout and avoid creating disproportionate danger to other road users. The court…

An appeal is a review, not a rehearing. Permission should be refused where the proposed grounds have no real prospect of success and disclose no compelling…

Summary judgment may be given on discrete factual issues which are threshold issues, suitable for preliminary determination, and whose early resolution…

Costs do not automatically become the liability of one defendant merely because that defendant lost the claim against him. The court must exercise its…

The extradition court has a residual jurisdiction to prevent abuse of the extradition process itself. The jurisdiction is concerned with manipulation, bad…

A committal application requires proof, to the criminal standard, that the order was clear, capable of compliance and deliberately breached. Where…

A court may deal with an urgent application without a hearing, but procedural safeguards apply where affected parties have had no opportunity to make…

An interim injunction restraining alleged harassment by publication may be granted without notice where there are compelling reasons not to notify the…

On summary assessment of costs, hourly rates exceeding guideline rates are not thereby unreasonable or disproportionate. The court must assess the rates and…

When deciding whether to make or structure a Group Litigation Order, the court must exercise a flexible case-management discretion directed to proportionality…

A contractual time bar may operate as a substantive discharge of liability, rather than merely as a procedural limitation period. Its construction depends on…

Settlement of a claim by or on behalf of a protected party requires court approval. The court must conduct an external check on the propriety of the…

Under section 54(4) of the Police and Criminal Evidence Act 1984, clothing may be seized where the custody officer actually and honestly believes that the…

A litigant in person may recover compensation for time reasonably spent on appeal work only to the extent that the work was reasonably necessary. Loss of…

Where limitation has expired, an amendment adding a claim is permitted only if it arises from the same or substantially the same facts already in issue.…

The starting point for confidentiality designations in disclosure is open justice. A confidentiality ring is exceptional. The party seeking departure must…

A creditor does not contravene section 90 of the Consumer Credit Act 1974 merely by recovering protected goods from the police or their bailee. Lawful…

On a without-notice application to extend time for service of a claim form, the duties of full and transparent disclosure and the requirement to take…

An application made by email is not properly filed merely because the court receives it. Where the applicable practice direction requires payment arrangements…

For discrimination arising from disability, unfavourable treatment is established where the disability-related matter had a significant influence on the…

A driver is not negligent merely because an accident occurs while driving below the speed limit at night. The question is whether a reasonably prudent driver…

In civil contempt proceedings, the claimant must prove the breach beyond reasonable doubt. Sentencing should prioritise securing future compliance, followed by…

Where contractual invoices are overstated or calculated on the wrong basis, the claim does not ordinarily fail altogether. The court may determine the amount…

A stay of civil proceedings may be granted where a foreseeable event in related proceedings is likely to materially affect the issues, costs or prospects of…

Applications for permission to appeal and for an extension of time may be dealt with by the lower court at the hearing at which the substantive decision was…

The court has a broad discretion under Civil Procedure Rules 1998, rule 44.2, whether to make a costs order and what form it should take. The unsuccessful…

On an application to serve proceedings out of the jurisdiction, the claimant must establish three matters: a jurisdictional gateway, a claim with a reasonable…

Permission to appeal requires a real prospect of success or another compelling reason. An appellate court reviews the decision below and will interfere with…

A contractual limitation clause directed to liability arising from tort, breach of contract or statutory duty does not ordinarily extinguish a primary…

Serious harm under section 1(1) of the Defamation Act 2013 is a fact-sensitive threshold question. The claimant must establish, by evidence and on the balance…

Injunctions under Town and Country Planning Act 1990, s.187B require a proportionate response to actual or apprehended planning breaches. The court should…

For civil contempt arising from breach of an injunction, the claimant must prove service of the order and a deliberate act which breached it to the criminal…

Where a claimant lacks capacity and litigation has settled, the court must scrutinise the proposed settlement and approve it only if satisfied that it is…

A final anticipatory injunction may be granted against named protesters, persons unknown and newcomers where there is compelling evidence of a real and…

A claimant is not entitled as of right to have a breach of contract claim determined merely because nominal damages are available. The court may strike out…

Misuse of private information requires a fact-sensitive assessment of reasonable expectation of privacy, breach, and the balance between privacy and freedom of…

A statutory appeal under section 204 of the Housing Act 1996 is brought in accordance with the CPR. An error in naming the respondent does not automatically…

A party’s actual or potential limitation defence is a material factor when the court decides whether there is a serious issue to be tried on an application for…

On an interim application to enforce post-termination restraints, the court must apply the statutory standard of what is just and convenient. Where trial will…

An appellate court should interfere with factual findings only where the decision was plainly wrong, rationally unsupportable, infected by an identifiable…

An application to extend time for filing an appellant’s notice is governed by the three-stage approach to relief from sanctions. The court assesses the…

In assessing appeal costs, the successful party is identified by considering the appeal as a whole, including the practical significance of the grounds on…

Permission to amend a pleading on the first day of trial remains a discretionary case-management decision. The lateness of an amendment and the absence of a…

An unincorporated association is not a legal entity and cannot be sued in its own name. A representative claim under CPR 19.8 requires the representative and…

On an appeal by way of review from a professional conduct decision, the court should exercise caution before interfering with findings of fact or evaluative…

A final injunction against persons unknown may be granted, but the power does not remove the need for authorised notification and a proper final procedure. An…

Permission to bring contempt proceedings for an allegedly false affidavit requires a strong prima facie case, capable of proof to the criminal standard, that…

On an application for summary judgment concerning responsibility for allegedly defamatory publications, the court should assume pleaded facts in the claimant’s…

Immigration detention pending deportation is lawful only while there is a sufficient prospect of removal within a reasonable period. Serious offending, risk of…

Permission to bring contempt proceedings for knowingly false statements should be granted only where there is a strong prima facie case, the public interest…

Approval of a settlement for a child or protected party requires an independent judicial check on the settlement’s propriety. The court must decide whether the…

Approval of a settlement for a child or protected party requires an independent judicial check on its propriety. The court must decide whether the settlement…

An employer owes a non-delegable duty to provide a safe place and system of work. A maintenance contractor may owe a concurrent duty where its work creates or…

A local authority may obtain a final injunction to restrain a public nuisance caused by a vessel that materially and unreasonably obstructs access to its…

In civil contempt proceedings, the allegation must be proved beyond reasonable doubt, although the proceedings remain civil. Penalties should primarily secure…

General powers to grant relief from sanctions or rectify procedural errors cannot be used to bypass the specific rules governing service and validity of a…

On an interim injunction application in a commercial contractual dispute, the court must consider whether there is a serious issue to be tried, whether damages…