High Court: King's Bench Division judgments, 2025

An interim payment must be limited to a reasonable proportion of the sum which the claimant is likely to recover at trial. The court must avoid any risk of…

In a clinical-negligence claim, the claimant must prove both breach of the contemporaneous professional standard and causation. The Bolam test, as qualified by…

An unless order may be made under the Civil Procedure Rules 1998 without a prior finding of default in every individual claim. The court must identify the…

A freezing injunction sought on short notice attracts the same duty of full and frank disclosure as a without-notice application. The applicant must fairly…

An interim injunction in defamation will ordinarily be refused where the defendant relies on truth, honest opinion or another defence unless that defence is…

An occupier’s duty under the Occupiers Liability Act 1957 or the Occupiers Liability Act 1984 arises only where injury results from a danger due to the state…

In assessing negligence in a road-traffic accident, duty, breach and causation are component parts of a single inquiry. The question is whether the defendant…

In clinical negligence claims, the standard is the ordinary skill of an ordinarily competent practitioner exercising the relevant special skill. A professional…

In clinical negligence, compliance with a responsible body of medical opinion does not prevent a finding of breach where that opinion cannot withstand logical…

A claimant may abuse the court’s process by issuing or maintaining proceedings without an intention to bring them to a conclusion. Mere delay is insufficient.…

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

On an appeal concerning damages and costs, consequential orders should reflect the extent to which the appellant improved his position. A costs offer cannot…

Where a professional body exercises a contractual power to impose interim restrictions, its decision must satisfy contractual standards of rationality…

A judgment procured by fraud may be set aside against a party who was not himself fraudulent where the equitable jurisdiction makes that course just. This is…

An application for early disclosure should be refused where no compelling reason is shown, the requested material is due to be disclosed in the ordinary…

Where confidential or privileged documents are disclosed by obvious mistake, the court will ordinarily intervene in equity to restore the position that would…

For the purposes of Civil Procedure Rules 1998 r 36.17, a sealed consent order may amount to judgment even though it records a settlement and does not use the…

Pre-action interim orders for preservation, inspection, disclosure or injunction are exceptional. Under Senior Courts Act 1981 section 33 and CPR 25.2(2), the…

In complex multi-party litigation, the court must balance the potential costs and settlement benefits of early alternative dispute resolution against the risk…

In multi-party litigation, the court may order claimants to be jointly and severally liable for the defendant’s Common Costs where they combine to advance a…

Summary judgment may be granted where the claimant’s case has no realistic prospect of success and there is no other compelling reason for trial. The court…

Interim injunctive relief may be granted against persons unknown to restrain the misuse and dissemination of confidential information obtained through an…

Permission to appeal is governed by whether the proposed appeal has a real prospect of success or there is another compelling reason for it to be heard. An…

Where a party relies on the adequacy of after-the-event insurance to resist an application concerning security for costs, the opposing party must reasonably…

Permission to appeal requires a realistic, rather than fanciful, prospect of success, or another compelling reason for the appeal to be heard. A challenge to…

In a credit-hire claim, the reasonableness of the hire period and rate are separate questions. A debarring order must be read according to its ordinary and…

In a clinical negligence claim, contributory negligence requires proof that the claimant understood the significance of failing to follow the relevant medical…

In determining meaning at a preliminary issue trial, the court must identify the single meaning conveyed to the hypothetical ordinary, reasonable reader…

A freezing order may be continued where the claimant establishes serious issues to be tried in deceit, fraudulent misrepresentation, tortious interference or…

A fair hearing may require proportionate adjustments so that a disabled or vulnerable litigant can participate effectively, but the appellate question remains…

Anonymity is a derogation from open justice and may be granted only where it is strictly necessary, supported by clear and cogent evidence, and proportionate…

A restricting reporting order under section 4(2) of the Contempt of Court Act 1981 is an exceptional derogation from open justice. The court must ask whether…

A judgment obtained by fraud may be set aside against a party who was not himself fraudulent. The relevant fraud-based requirements concern the integrity of…

An interim injunction restraining proposed industrial action should ordinarily be granted where the union is likely to establish at trial that statutory…

An appeal from a circuit judge’s decision striking out an appeal from a district judge is a second appeal where the circuit judge made the decision after…

An allegation of apparent bias is assessed objectively. The question is whether a fair-minded and informed observer, having considered the facts, would…

An informal disclosure request should ordinarily be made by application notice supported by evidence where the categories sought, relevance and procedural…

Applications for disclosure of litigation-funding information in advance of possible security for costs applications should be assessed by asking whether there…

A Master may retain case management of a commercial and equitable claim unless its complexity makes transfer to a High Court Judge appropriate. A concluded…

On a reverse summary judgment application, a claimant need only show a real prospect of establishing the pleaded case. The court may closely examine evidence…

In a defamation claim, serious harm under section 1(1) of the Defamation Act 2013 requires proof of actual or probable reputational harm, not merely defamatory…

Summary disposal of a defamation claim is appropriate where no pleaded defence has a realistic prospect of success and no other reason justifies a trial. The…

On an interim application to enforce post-termination restrictive covenants, the court applies the American Cyanamid principles, supplemented where the…

An election may be declared invalid where there is substantial non-compliance with electoral law, or where an official breach or irregularity affected the…

An appellate court reviewing proportionality must choose between review and fresh determination according to context. A review approach is ordinarily…

Permission to serve a claim out of the jurisdiction requires a good arguable case within a jurisdictional gateway, a real prospect of success, and England and…

Section 250 of the Criminal Justice Act 2003 permits the Secretary of State to impose prescribed additional licence conditions on a relevant prisoner released…

On reviewing a final injunction, the court must consider whether grounds for discharge have emerged and whether continued relief remains properly justified.…

Under Proceeds of Crime Act 2002, cryptocurrency is property capable of being recoverable. The court must make a recovery order where it is satisfied, on the…

For an arbitration-related stay under section 9 of the Arbitration Act 1996, compliance with CPR Part 62 is the appropriate procedural route. A separate Part…

A persistent and deliberate course of oppressive conduct may constitute harassment even where the defendant alleges that the underlying allegations are true.…

Permission to amend pleadings may be refused where the application is made at the commencement of trial. The applicant bears a heavy burden to explain the…

An injunction under section 187B of the Town and Country Planning Act 1990 is discretionary. The court must decide whether it is just and convenient, and…

Where competing applications are heard together, the court may depart from the usual costs order if the circumstances make that just. Relevant considerations…

The court may proceed with an application in a party’s absence where the party was properly notified, had a reasonable opportunity to prepare, and was offered…

For disclosure purposes, documents held by a third party are within a litigant’s control where the litigant has either an enforceable right of access or a…

The admissibility of improperly obtained evidence in civil proceedings requires a balancing exercise. The court must consider how the evidence was obtained…

An appellate court should interfere with a trial judge’s decision only where it was wrong or unjust because of serious procedural irregularity. Pleadings must…

A contempt application based on false evidence requires proof, to the criminal standard, that the statement or evidence was false and that the maker knew it…

A director’s duty to promote a company’s success is assessed subjectively. The question is whether the director honestly believed that the relevant conduct was…

Costs following the strike-out of a prolix and non-compliant defence are determined by the nature and purpose of the work undertaken, not merely by the fact…

In complex, interrelated proceedings, the court may align the timing of pleadings where that course promotes a coherent view of the issues and avoids divisive…

Post-termination restraints in employment contracts are enforceable only so far as they are reasonably necessary to protect an identified legitimate business…

Conduct not pleaded as part of a harassment claim must not be used to determine liability or assess damages. Where the pleaded conduct independently…

Permission to appeal should be refused where the proposed grounds misstate the first-instance reasoning or disclose no real prospect of success. The modern…

A claimant’s need to prove that a claim would have been honest when seeking damages for professional negligence is analytically distinct from solicitors’…

A contractual provision will not be construed as removing a common-law or statutory right or remedy unless it uses clear words. The court must interpret the…

A regulator may impose a financial penalty for serious broadcasting-code breaches to achieve wider deterrence, even where the licensee’s licence has been…

A claim cannot be used to mount a collateral attack on an earlier judicial review decision concerning the same issue. Such a claim is an abuse of process and…

A regulatory statutory duty to make exemption regulations does not ordinarily create a private law action for damages. Where the duty forms part of a complex…

An injunction under Town and Country Planning Act 1990, s 187B is an original and discretionary remedy. The court must decide whether relief is just…

Section 139(2) of the Mental Health Act 1983 applies to acts performed by an approved mental health professional in carrying out the statutory assessment…

In a clinical negligence claim, the court must assess the defendant’s treatment against the standard of the ordinary competent practitioner in the relevant…

Under section 42 of the Senior Courts Act 1981, a civil proceedings order may be made where a person has habitually and persistently instituted vexatious…

Summary judgment or strike out is appropriate where the pleaded case has no realistic prospect of establishing the legal ingredients of the torts relied upon.…

Variation or revocation of an order under CPR 3.1(7) is ordinarily justified only by a material change of circumstances, a material misstatement or omission…

Permission to withdraw an accepted Part 36 offer requires both a change of circumstances and the interests of justice. A change of mind, even where prompted by…

An injunction made in proceedings for the statutory tort of harassment is not automatically a protective injunction for the purposes of Part 7A of the Courts…

A general civil restraint order may be imposed where a litigant persistently issues claims or applications which are totally without merit, creating an…

An extended civil restraint order requires at least three totally without merit claims or applications, but that numerical threshold is only the starting…

A contempt order must be obeyed until set aside. Its alleged invalidity or improper service is no defence, although those matters may substantially mitigate…

A malicious prosecution claim against investigating police officers will ordinarily fail where an independent prosecutor made the charging decision after…

Where a personal guarantee exceeds its agreed cap only if loss arises from fraud, negligence or misconduct, the claimant must prove the relevant conduct and…

Interim relief restraining publication engaging freedom of expression requires the applicant to satisfy the threshold in Human Rights Act 1998, section 12(3).…

A boundary agreement may identify and confirm the boundary without conveying land, and is therefore generally enforceable without the signed writing required…

The power to strike out a statement of case may be exercised at any stage, including after the evidence has been heard, but striking out an entire claim is a…

A party cannot recast its contractual rights by relying on subjective beliefs or later-created terminology. Professionally drafted agreements are construed…

Renewal of an injunction against persons unknown requires a review directed to the order’s effectiveness, any grounds for discharge, justification for…

In a clinical negligence claim arising from the withholding of thrombolysis, the court distinguished between a patient’s subjective symptoms and objective…

In multi-party litigation, the court must identify the forum in which claims against all defendants can most suitably be tried, weighing practical convenience…

A driver on a major road is judged by the standard of the reasonably careful driver in the actual circumstances, without hindsight or a requirement of…

In civil proceedings, similar-fact or propensity evidence must first be logically probative of an issue. Evidence that one employee engaged in unlawful conduct…

In a libel claim, serious harm may be inferred from the gravity of the allegations, their scale of publication and the surrounding circumstances. The…

Surveillance evidence may be excluded under Civil Procedure Rules 1998, rule 32.1 where the circumstances of its creation or disclosure make admission unfair.…

Section 1(1) of the Defamation Act 2013 requires proof of serious reputational harm as a real-world effect of publication. The inquiry is objective and…

A judge must decide a case within the framework of the parties’ pleaded issues. The judge may accept part of a witness’s evidence and reject the remainder, but…

In a clinical negligence claim involving injury caused by a third party, the scope of a medical duty is defined by the risks which the defendant undertook to…

Specific disclosure requires more than a showing that documents may be relevant. The applicant must establish that the documents are within the respondent’s…

A school owes a child in its care a duty to take reasonable care in all the circumstances. The duty may require accurate and prompt communication with parents…

Permission for contempt proceedings alleging knowingly false statements requires a strong prima facie case. The court must also be satisfied that proceedings…

At an annual review of an injunction against protest activity, the court must consider whether anything material has changed since the order was granted. The…

Serious harm under Defamation Act 2013, s 1, is a question of fact established by evidence of actual impact or by cumulative facts supporting a reasonable…

Strike out is a proportionate, last-resort remedy. Under CPR rules 3.4(2)(a) and (b), the court first asks whether the pleaded case discloses no reasonable…

On an application for an interim injunction restraining a senior employee from competing with, or undermining, his employer, the court applies the American…

An employee of an authorised legal-services provider is not thereby authorised to conduct litigation. Under the Legal Services Act 2007, entitlement belongs…

A final quia timet injunction may be granted against persons unknown, including potential newcomers, where there is a compelling need to protect civil rights…

A parliamentary election petition is governed by the statutory scheme in the Representation of the People Act 1983 and the Election Petition Rules. Only the…

Damages-based agreements are enforceable only within the closely defined statutory exception to champerty. Under the Damages-Based Agreements Regulations 2013…

In costs budgeting for complex group litigation, an earlier approved budget is an important starting point, particularly where it concerns the same litigation…

Under section 2(2) of the Animals Act 1971, the likelihood of severe injury is assessed prospectively. “Likely” means reasonably to be expected, not merely…

A driver is negligent only if the driving falls below that of the reasonably careful driver and causes the accident. The standard is assessed against the…

The statutory definition of an employment agency requires a business to provide services for the purpose of finding persons employment or supplying employers…

Indemnity costs require conduct which takes the case outside ordinary and reasonable litigation conduct. A party’s refusal of settlement offers, failure to…

On a standard-basis costs assessment, the court must allow costs that are proportionate to the matters in issue and reasonably incurred and reasonable in…

Applications to restrict disclosure because inspection might breach foreign criminal law require a staged analysis. The applicant must first establish that…

A party that creates and controls a temporary highway traffic scheme remains responsible for ensuring that its implementation and maintenance are reasonably…

For the statutory truth defence, the defendant must prove the substantial truth of the imputation conveyed by each defamatory statement. Where the meaning…

Summary judgment is inappropriate where limitation, concealment, knowledge, assignment and abuse-of-process issues substantially depend on state of mind…

Whether accommodating asylum seekers in a hotel amounts to a material change of use is a fact-sensitive question. The court must examine the character of the…

In civil contempt proceedings arising from protest activity, liability requires notice through proper service, whereas actual knowledge is relevant to…

An application under CPR 71 must be issued in the court which made the judgment or order being enforced, unless the proceedings had already been transferred.…

An injunction against persons unknown may be granted where the applicant demonstrates a compelling need to protect civil rights, procedural safeguards the…

An appellate court should intervene with findings of fact, evaluative conclusions and expert evidence only in exceptional circumstances. Intervention requires…

In a clinical negligence claim, the professional practice test applies to surgical planning and the selection of treatment options. The court must assess…

A stay of an order requiring further information pending a proposed second appeal is exceptional. The applicant must demonstrate injustice or irreversible…

An application to restore an appeal struck out for non-compliance with an unless order is, in substance, an application for relief from sanctions. The court…

An embargoed draft judgment may be used only for correcting errors, preparing consequential submissions and preparing for hand-down. Disclosure to witnesses or…

A franchise agreement does not automatically attract implied duties of good faith and fair dealing. Such duties may nevertheless be implied in fact where the…

Serious harm under section 1(1) of the Defamation Act 2013 requires proof of actual serious reputational harm or a factual likelihood of such harm. The court…

Clinical negligence pleadings based on omissions must identify the clinical condition, the breach alleged, the treatment or investigation that should have…

The indemnity principle applies where criminal legal aid funds civil contempt proceedings. A legally aided party cannot recover more from the paying party than…

A final injunction may restrain unlawful protest affecting private land, access to the highway and the public use of the highway where the claimant establishes…

Under Spanish substantive law, an insurer acting as a guarantee fund which has defaulted under Article 20(9) must pay penalty interest unless the delay falls…

In a clinical-negligence claim, a surgeon’s clinical judgment is assessed under the professional practice test, subject to the requirement that the supporting…

A procedure incorporated into an employment contract may give contractual effect to provisions governing who must manage an investigation. Where a policy…

In a cross-border road-traffic claim, the English court applies English evidence and procedure but determines substantive liability and compensation by the law…

For interim injunctive relief, the court applies the American Cyanamid framework: a serious question to be tried, adequacy of damages, and the balance of…

Where an application is made by a litigant whose capacity to conduct proceedings is under investigation, the court may stay the application pending resolution…

The statutory necessity test for arrest requires more than a genuine belief that arrest would be desirable or convenient. The arresting officer must have…

Arrest and detention under the Police and Criminal Evidence Act 1984 require continuing objective justification. The statutory safeguards governing detention…

Permission to appeal requires grounds that are reasonably arguable. An appeal court may intervene for legal error, factual error or discretionary error, but…

A non-party’s right under CPR 5.4C(1) to obtain statements of case is a clear default principle reflecting open justice. Restrictions under CPR 5.4C(4) require…

On a strike-out application, pleaded facts are taken at their highest. The court should not strike out where the legal issue is developing or factual findings…

A criminal suspect cannot bring a negligence claim against the police for the conduct of the investigation. Article 6 ECHR rights concerning a criminal charge…

In a libel claim concerning online video interviews, publication of another person’s allegations may convey the allegations as fact where the publisher adopts…

A defamation claim requires a properly pleaded and evidentially supported case of serious harm to reputation. Formulaic assertions do not suffice, particularly…

A statutory claim within the exclusive jurisdiction of the Employment Tribunal does not prevent the Civil Courts from determining a distinct contractual or…

In a clinical-negligence claim concerning cauda equina syndrome, the Bolam test remained the applicable standard. A GP was not negligent where, on the…

A claim challenging the validity of a statutory wayleave process and seeking relief against the Secretary of State raises public law issues. Bringing that…

Damages for late payment under a contract are subject to the ordinary rules of contractual remoteness. Loss of profits is recoverable only where the relevant…

Processing personal data disclosed in contemplated or actual litigation may lawfully extend to analysis across related claims where it is necessary and…

Permission to appeal requires grounds that are reasonably arguable. An appeal court may intervene for an error of law, a plainly wrong finding of fact, or a…

Under the Package Travel and Linked Travel Arrangements Regulations 2018, a package organiser may be liable for the proper performance of services supplied by…

Without-notice applications for permission to serve out of the jurisdiction or to extend time for service require full and frank disclosure and fair…

An imaging order is a preservation measure. It may be granted where the applicant shows a high degree of assurance that its claim will succeed, very serious…

Registration of a foreign judgment may proceed where the judgment debtor was carrying on business within the foreign jurisdiction or voluntarily submitted, or…

A claimant must plead clearly the basis on which allegedly defamatory words identify him. A reference innuendo is a distinct cause of action requiring the…

A claimant who discontinues is generally liable for the defendant’s costs under Civil Procedure Rules 1998, rule 38.6. Departure requires a good reason. Likely…

For the defence of honest opinion under Defamation Act 2013, the defendant must prove the facts relied on and show that an honest person could have held the…

On an uncontested review of a continuing injunction against Persons Unknown, the court should assess whether the injunction has outlasted the compelling need…

Unless orders requiring payment of earlier costs orders may be made as a condition of continuing litigation where the defaulting party has failed to comply and…

In civil claims alleging unlawful information gathering, each claimant must prove that he or she was individually targeted. A generic allegation of widespread…

Costs following a substantially successful strike-out and summary judgment application are determined by identifying the overall winner and making a…

Residence outside the jurisdiction does not, by itself, justify security for costs. The applicant must establish objectively justifiable grounds for believing…

Where a claimant succeeds against only some of several defendants, the court may make a broad-brush assessment of the proportion of costs attributable to the…

Points of Dispute in detailed assessment proceedings must identify the specific items challenged and state concisely the nature and grounds of dispute.…

An appeal against a case-management decision is a review, not a rehearing. The appellate court should interfere only where the decision was wrong, unjust…

Neither confirming nor denying a person’s status is not a legal immunity from ordinary litigation duties. It is a departure from normal pleading, disclosure…

The court may determine costs before final judgment where wasted court time is clearly attributable to a party’s conduct, even though broader questions about…

Applications for assistance under the Evidence (Proceedings in Other Jurisdictions) Act 1975 must satisfy the statutory jurisdictional thresholds and remain…

A hearing may be held in private where confidentiality cannot practicably be protected by a less intrusive measure and privacy is necessary to preserve…

In an approval hearing involving a child claimant, the court may approve a negotiated settlement where, having considered the evidence and advice, it is…

Discontinuance brings the claim against the relevant defendant to an end when the notice is served. A party who has thereby ceased to be a party cannot later…

Where a private professional body exercises disciplinary powers under contract, its decision-making must satisfy implied requirements of rationality and…

A without-notice injunction requires strict compliance with the duties of procedural fairness, including reasonable justification for secrecy and full, frank…

Personal information may be private and confidential as against an employer even where it concerns a third party’s contact account. The relevant question is…

Damages in a clinical negligence claim must provide full compensation while remaining fair, reasonable and just to all parties. In assessing general damages…

In a solicitor and client costs assessment, a cash account is in dispute when the client or the court raises a genuine query about its accuracy. A client…

The tort of causing loss by unlawful means is not confined to competition disputes or labour disputes. Its essential elements are unlawful acts actionable by a…

Prolonged procedural inactivity may amount to an abuse of process where it demonstrates that a party has warehoused its claim or counterclaim, even if the…

A stay of enforcement is discretionary. The court must identify which course best accords with the interests of justice by balancing the risk of injustice to…

A litigant seeking an adjournment must prove that inability to attend or participate is genuine and that an adjournment is necessary. Medical evidence that a…

For limitation purposes, a claimant relying on fraud or deliberate concealment must show that the facts could not have been discovered earlier through…

On discontinuance, the presumption under Civil Procedure Rules 1998, rule 38.6 remains the starting point. If the presumption is displaced, the court retains a…

Whether words are statements of fact or opinion is determined by the words complained of, read in their full publication context and from the perspective of…

Where a contract requires a public decision-maker to act reasonably in the Wednesbury sense, the decision-maker must consider relevant matters, disregard…

The court determined preliminary questions of Nigerian law arising from oil-pollution claims. Limitation for the private-law claims was five years, running…

On an interim payment application, the court must identify a real, reasonable and immediate need for the payment and assess conservatively the expenditure…

A claim concerning allegedly unlawful detention and compulsory medical treatment should not be struck out or summarily dismissed merely because the claimant…

Permission to appeal from a discretionary case-management order requires a real prospect of success or another compelling reason. An appellate court should…

A freezing injunction requires a good arguable case, solid evidence of a real risk of unjustified dissipation, and careful consideration of whether relief is…

In assessing damages for defamation and harassment after default judgment, the court must consider the whole picture. Relevant matters include the gravity of…

A voluntary sporting organisation may owe participants a duty of care when assessing risks created by negligent third-party road users. The duty is to take…

The power to reopen a final determination of an appeal, including a refusal of permission to appeal, is an exceptional residual jurisdiction. It requires…

A final injunction against persons unknown may restrain future breaches of planning control where there is a compelling demonstrated need for enforcement…

A wasted costs order may be made where a legal representative’s conduct is negligent, improper or unreasonable and causes unnecessary costs. Pursuing a…

Under section 187B of the Town and Country Planning Act 1990, the court has an original and discretionary jurisdiction to grant an injunction restraining an…

On an appeal concerning costs, the appellate court will interfere with a first-instance costs decision only where the judge erred in principle, disregarded a…

Indemnity costs require conduct or circumstances taking the case out of the norm. Unproved allegations of serious sexual and financial exploitation, combined…

An injunction against persons unknown requires full and detailed evidence establishing a compelling justification. The claimant must show a strong probability…

A High Court may make a civil restraint order protecting the processes of the Employment Tribunal and Employment Appeal Tribunal, although those tribunals have…

In committal proceedings, the adequacy of an application notice is assessed in context. The alleged contemnor must be able to understand the substance of the…

A civil restraint order does not generally prevent access to justice. It imposes a time-limited permission filter on further claims or applications by a…

An appellate court should not interfere with a trial judge’s findings of fact or credibility unless the decision was plainly wrong, irrational, unsupported by…

In criminal contempt proceedings, a judgment from earlier proceedings is not automatically admissible merely because it concerns the same parties or relevant…

The Henderson abuse principle requires more than proof that a later claim could have been brought earlier. The decisive question is whether, applying a broad…

When continuation of an injunction against persons unknown is sought, the court should assess the order’s effectiveness, any grounds for discharge, the…

Payment of a deposit under a contract for the sale of land does not confer an additional proprietary interest in the land. The buyer’s interest is the…

Where a claim under the Human Rights Act 1998 is amended after one year, the limitation period is not necessarily fixed at one year. It may be longer if the…

At the interim-injunction stage, the court should not determine the merits. It should apply the American Cyanamid sequence: identify a serious issue to be…

An acquittal or collapse of a prosecution does not, without more, establish liability for malicious prosecution or misfeasance in public office. For malicious…

On an application for strike out or summary judgment, the court must assess the pleaded and evidential case at its highest for the opposing party, subject to…

Under the Third Parties (Rights against Insurers) Act 2010, transferred rights remain subject to defences available to the insurer against the insured, subject…

On an application for security for costs, the court must consider whether an order is just in all the circumstances, with particular attention to whether it…

The High Court may compel a judgment debtor to exercise pension rights where doing so is just and convenient for enforcing the judgment debt. The jurisdiction…

The court may vary an earlier order under Civil Procedure Rules 1998, rule 3.1(7), where relevant material was overlooked or the facts underlying the order…

An interim injunction may restrain publication of private and confidential information where the claimant is likely to establish that the information is…

A truth defence in libel must plead primary facts capable of establishing the substantial truth of the defamatory meaning. Where the meaning alleges reasonable…

On an application for an interim injunction, the court should apply the American Cyanamid approach: whether there is a serious question to be tried, whether…

On review of a newcomer Traveller injunction, the court should not automatically rehear the application or merely complete a checklist. The review should…

Summary judgment in a disease claim should be reserved for cases where the requirements of CPR 24.2 can readily be established. The court must not conduct a…

Evidence of an incident need not be pleaded as a separate allegation if it is relevant to an issue between the parties. Evidence may be admissible as an…

The court has discretion to award pre-judgment interest, but the usual principle is that a party deprived of money due should receive compensation, generally…

Where an order is set aside on appeal, sums paid under that order must be repaid. The court may award interest on those sums from the date of payment until…

An appeal may be struck out for failing to comply with a peremptory order, particularly where the appellant provides no satisfactory explanation or supporting…

For strike-out and summary judgment purposes, a claim has no realistic prospect of success where established principles show that it is bound to fail. Apparent…

In determining meaning in a defamation claim, the court must identify the single natural and ordinary meaning conveyed by the publication as a whole to the…

On an application for an interim payment after judgment for damages to be assessed, the court must estimate the likely capital element of the final judgment on…

Vicarious liability does not generally arise for the torts of a true independent contractor. The court must first examine the contractual and working reality…

In a clinical negligence claim involving suspected pelvic inflammatory disease, a general practitioner who has a working diagnosis or substantial suspicion of…

A statutory or industry code may inform the common-law standard of care, but compliance does not create an absolute duty and departure is not automatically…

A coercive element of imprisonment for contempt may be remitted where the contemnor has purged the contempt. In the case of an injunction prohibiting conduct…

Repeated unwelcome attendances at a workplace may constitute harassment even without violence or objectively aggressive conduct. The conduct must be…

Strike-out and summary judgment applications require the court to analyse each challenged pleading and each procedural test separately. A defendant may state…

An imputation that a person is gay or is in a same-sex relationship is not, without more, defamatory at common law. The test is whether the publication would…

Sentencing for civil contempt is fact-specific. Where deliberate breaches of freezing or disclosure orders are grave, immediate imprisonment may be required…

Intermittent occupation schemes may generate a further exemption from empty-property rates where the occupation satisfies the ordinary rating principles. The…

Private nuisance protects the utility and amenity value of land. The court must apply a structured inquiry: substantial interference, ordinary use of the…

Acoustic shock requires proof of a defined acoustic incident, ear symptoms beginning immediately or shortly afterwards, symptoms outside normal physiological…

An enforcement agent may take control of goods where the statutory conditions for entry are met and the agent reasonably believes that the premises are a place…

The misuse of private information tort requires a reasonable expectation of privacy, followed by an assessment of whether disclosure pursued a legitimate…

A claim founded on unsupported allegations of misconduct during earlier litigation may be struck out where the pleaded facts are demonstrably and patently…

Where a claim form is amended before service under CPR 17.1 by endorsing the issued and sealed version, the claimant need not obtain a fresh seal before…

On a reverse summary judgment application concerning limitation in a professional negligence claim, the court held that the accrual of actionable damage in…

A driver is negligent only where the claimant proves both a failure to meet the standard of a reasonably competent driver and causation. The standard must be…

The consumer jurisdiction under sections 15B and 15E of the Civil Jurisdiction and Judgments Act 1982 requires the consumer to be domiciled in the United…

A court may proceed with an application in a party’s absence where the party knew of the hearing, had no good reason for non-attendance, and could properly…

A highway authority may owe a common-law duty concerning a structure which it has installed on an existing public right of way, even where no statutory duty…

Where a party succeeds in an appeal, costs ordinarily follow the event. A modest reduction is not justified merely because some subsidiary arguments were…

For liability to transfer under regulation 4(2) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the connection between the…

Liability under section 41 of the Highways Act 1980 requires proof that the highway was dangerous, that the danger resulted from failure to maintain or repair…

An NHS contract cannot give rise to enforceable contractual rights or liabilities in the courts. A claim based on such a contract may therefore be struck out…

For discrimination arising from disability under section 15 of the Equality Act 2010, proportionality is assessed objectively and in the round. The court must…

Costs following an appeal concerning disclosure in a Part 11 jurisdiction challenge are determined by substance and reality. Success below and success on…

Summary judgment is inappropriate where a claim or defence raises fact-sensitive, evidential or evaluative issues carrying a realistic prospect of success. The…

In a claim relying on deceit as the unlawful means in the tort of causing loss by unlawful means, the claimant need not plead the precise route by which an…

At an interlocutory stage, an injunction protecting private information and restraining harassment should be continued where the claimant is likely to…

An estimate of legal costs is not automatically a cap on the solicitor’s recoverable fees. Its significance depends on the contract and on the assessment of…

A worldwide freezing order may be granted where the claimant establishes a good arguable case, insufficient assets within the jurisdiction, assets outside it…

Following default judgment, the court must generally assess remedies on the basis that the pleaded liability case is established. It may depart from that…

A party cannot discharge its disclosure obligation by refusing disclosure, citing lack of funds, or providing an unsorted database for the opponent to search.…

Insurance notification clauses are construed by their wording and context. A clause requiring notification of circumstances which may give rise to a claim can…

Where a claim begun under the RTA Protocol is later allocated to the multi-track, the fixed-costs regime in Section IIIA of Part 45 is disapplied from…

In a libel claim, the one-year limitation period runs from publication. A claimant cannot postpone time under section 32 of the Limitation Act 1980 by awaiting…

Summary judgment is inappropriate where informed consent depends on disputed evidence about what was said, the patient’s circumstances and the significance of…

Acceptance of statutory compensation under paragraph 17(1) of Schedule 3 to the Customs and Excise Management Act 1979 prevents the claimant from maintaining…

An appeal concerning alleged misconduct in costs budgeting engages an essentially evaluative and discretionary jurisdiction. “Unreasonable” conduct ordinarily…

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

In a claim for unjust enrichment arising from services provided to improve property, the claimant must establish a proper unjust factor. Where the claim is…

The court’s power to vary an approved costs budget requires a significant development and a prompt application. A development is assessed by reference to…

Misuse of private information is determined by a fact-specific two-stage inquiry. Truth or falsity is not, by itself, determinative at either stage. It is…

In determining the meaning of allegedly defamatory words, the court must identify a single, constant and unfluctuating meaning, without over-analysis. The…

A person is not unable to conduct litigation merely because they hold irrational or delusional beliefs, or make decisions which appear unwise. Under the Mental…

A public regulator is not generally liable in negligence to a person subject to its statutory investigation merely because the investigation or its…

Where a litigation friend is sought during existing proceedings, the court should avoid satellite litigation about capacity unless the issue is genuinely…

In determining meaning in a defamation claim, the court must identify how the publication would strike the ordinary reasonable reader, reading the words as a…

A Norwich Pharmacal disclosure application must form part of live proceedings, either an existing claim to which it relates or free-standing proceedings…

In a cyber-attack involving stolen confidential data, ransom demands and threats of disclosure, the court continued an interim non-disclosure injunction.…

A highway authority may incur common-law liability for a hazard created by positive intervention, but only where the intervention creates a real source of…

Under the Foreign Judgments (Reciprocal Enforcement) Act 1933, the jurisdictional grounds for registering a foreign judgment in personam are exhaustive. A…

Where the statutory conditions for a notification order under the Counter-Terrorism Act 2008 are satisfied, the court must make the order. The statutory scheme…

An appellate court reviewing a strike-out or summary-judgment decision must determine whether the decision was wrong or unjust because of serious procedural…

Specific disclosure must be confined to documents relevant to factual issues arising from the pleadings. A party cannot use disclosure to investigate unpleaded…

Contributory negligence may be established by reasonable inferences from proved facts even where the precise mechanism of an accident cannot be identified. The…

Permission for a further appeal is required from the Court of Appeal where the proposed appeal would be a second appeal. Permission should not be granted where…

An employer is not vicariously liable for acts or defaults committed by an employee acting as a personally appointed LPA receiver. Vicarious liability requires…

A newcomer injunction against persons unknown is an exceptional form of without-notice equitable relief. It may be granted only where the evidence establishes…

Contempt based on false written or oral evidence requires proof that the statement was false, that it had or was likely to have interfered with the course of…

An appellate court should be slow to interfere with first-instance findings of fact, evaluations and inferences. Intervention requires an error such as a…

A receiving bank does not owe a tortious duty to retrieve payments made into its customer’s account by a fraud victim who is a customer of another bank. The…

A renewed application for permission to appeal requires an arguable error in the order challenged. A complaint about an earlier, unappealed order cannot…

A duty to provide and properly form an opinion under pension scheme rules is not ordinarily an open-ended continuing duty. A fresh duty may arise where…

Claims against the Ministry of Justice for acts of judges or court staff cannot bypass judicial immunity or section 2(5) of the Crown Proceedings Act 1947. The…

In managing late disclosure during a trial, the court should adopt the fairest and most efficient course consistent with the overriding objective. A witness…

A precautionary injunction against persons unknown may be granted where detailed evidence establishes a compelling need, a strong probability that a tort will…

An urgent interim injunction may restrain publication of private information where the claimant has a reasonable expectation of privacy and publication is…

Third-party disclosure under Civil Procedure Rules 1998, rule 31.17 is exceptional and subject to strict criteria. The applicant need not prove on the balance…

Where a claimant has expressly treated payments made by a related company as reducing the sums advanced to the defendant, those payments may form part of the…

The High Court’s inherent jurisdiction may be used to approve a settlement involving a claimant whose litigation capacity is uncertain, but only where there is…

Permission to call a witness whose statement was served during trial depends on the three-stage Denton approach. A serious and significant breach, even with a…

Summary possession, summary judgment and strike-out procedures should not be used to determine a complex forfeiture claim requiring factual investigation.…

In a contractual disciplinary process, the content of natural justice depends on the parties’ relationship and the surrounding context. It commonly requires an…

Following a trial of preliminary issues in a libel claim, the usual order is costs in the case. The court may depart from that approach where a party’s…

An undertaking given in proceedings for planning injunctions is subject to continuing judicial supervision. On an application to vary or discharge it, the…

On an application for interim injunctive relief, the court applied the American Cyanamid principles. A serious question to be tried, likely irreparable harm…

Income and expenditure arising from land held for a statutory harbour undertaking fall within the undertaking’s separate accounts. The court rejected a…

On an application under Civil Procedure Rules 1998 Part 11, the defendant must show that another available forum is clearly and distinctly more appropriate.…

On a forum non conveniens application, the court must evaluate the litigation holistically, considering the place of the alleged wrongs, governing law…

A freezing injunction requires: (1) a good arguable case, understood in this context as a serious issue to be tried; (2) a real, objectively judged risk that a…

Contempt proceedings are subject to strict procedural fairness because of their seriousness and the penalties involved. An application must identify the…

Post-termination restrictions in an employment contract are prima facie unlawful. The employer must establish a legitimate business interest, show that the…

A Group Litigation Order is a discretionary case-management tool. The court should require a sufficient number of claimants who seriously intend to proceed and…

A trade union may sue a member in defamation. Section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992 gives a union sufficient separate…

Specific disclosure of documents already held by a party depends on relevance, necessity for the fair disposal of the proceedings and proportionality. A late…

A fixed-price hospital package may include payment for consultants’ services without making the hospital contractually responsible for performing those…

A passenger’s claim is not barred by illegality merely because the driver’s dangerous driving caused the injury. The defence may apply where the passenger…

Permission to amend shortly before trial is governed by the overriding objective and requires a careful balance between the applicant’s interests and prejudice…

Costs ordinarily follow the event. A successful party’s refusal to mediate justifies a costs sanction only where the refusal was unreasonable, assessed by…

On a jurisdiction application under Civil Procedure Rules 1998 Part 11, the foreign act of state doctrine cannot be treated as applying to every act performed…

In a non-jury trial, the court may resolve objections to witness-statement evidence before trial where that is proportionate and assists the proper conduct of…

Further disclosure in support of a freezing order may be ordered where it is necessary, just and convenient to police the injunction. The same approach applies…

A professional negligence claim against a barrister requires proof of an error which no reasonably competent member of the profession would have made. The…

In contempt proceedings for breach of an anti-cruising injunction, the claimant must prove the breach to the criminal standard. Sentencing should assess…

In an online gambling contract, the game rules may make the result displayed on screen contractually determinative. Where those rules conflict with standard…

For omnibus claim forms, the question under CPR r.7.3 is whether the claims can conveniently be disposed of in the same proceedings. There is no exclusionary…

An English court may give effect to a foreign request for evidence only where the statutory jurisdictional conditions are met and the requested steps are…

An interim anti-social behaviour injunction may be continued where the statutory conditions are satisfied and the evidence establishes a real risk of…

In a defamation claim arising from repeated Facebook publications, meaning must be assessed by the impression made on the ordinary reasonable reader, taking…

QOCS protection is assessed by reference to the individual claimant’s claim, not merely to the proceedings viewed collectively. A claimant bringing only…

Disclosure in a jurisdiction challenge is governed by a two-stage test: the applicant must establish a prima facie case on jurisdiction, and the documents…

Liability under section 2(2) of the Animals Act 1971 requires each statutory condition to be established separately. “Likely” means reasonably to be expected…

An injunction against persons unknown requires full and detailed evidence of a compelling justification. The claimant must show a strong probability that a…

In challenges to disciplinary decisions made under the contractual rules of an unincorporated association, the court reviews compliance with the rules, good…

In determining meaning in a libel claim, the court must identify the single natural and ordinary meaning conveyed to the hypothetical reasonable reader. The…

A contractual bonus entitlement must be identified from the parties’ agreement and its proper context. A general reference to a base salary does not imply an…

Failure to comply with pleading rules is not a mere technicality and litigants in person remain subject to those rules. Where repeated opportunities and an…

On review of a quasi-final injunction against persons unknown, the court should not start afresh. It should examine the earlier findings, determine whether…

In determining whether defamatory statements in a broadcast interview are fact or opinion, the court must assess the programme as a whole and adopt the…

Interim payment applications in substantial personal injury claims must be assessed conservatively and by reference to the likely capital judgment. The court…

On discontinuance, the presumptive rule under Civil Procedure Rules 1998, rule 38.6, remains the starting point. A claimant seeking to displace it must…

Where sensitive material is withheld in civil proceedings, the court may grant permission under section 8 of the Justice and Security Act 2013 where disclosure…

A contra mundum “newcomer” injunction requires a compelling need to protect civil rights which other remedies do not adequately meet, procedural safeguards…

When deciding an application for an interim payment in a substantial personal injury claim likely to include a periodical payments order, the court must assess…

The court may order that part of a hearing be conducted in private where the evidence and circumstances justify that course. Such an order does not…

Under CPR 52.18, an appeal may be struck out only where there is a compelling reason. Strike-out is a draconian sanction and should be a last resort. Where…

A judgment may be reopened for fraud only where fresh evidence shows conscious and deliberate dishonesty that materially and causatively procured the original…

A barrister’s duty is governed by the ordinary professional negligence standard. The barrister is not required to advance every point requested by a client, or…

An undertaking given to the court will generally be varied only where subsequent circumstances of a special or significant kind have arisen which were not…

A final injunction under Town and Country Planning Act 1990 section 187B may be granted where the court is satisfied that restraint of an actual or apprehended…

Where a suspended custodial sentence for contempt is alleged to have been breached, the court must decide whether to activate the sentence already imposed…

A final injunction against persons unknown may be granted under section 37 of the Senior Courts Act 1981 where there is a compelling justification to protect…

Derogations from open justice, including anonymity, are exceptional and must be shown by clear and cogent evidence to be necessary and proportionate. The court…

In determining defamatory meaning, the court must assess the publication as a whole from the perspective of the hypothetical reasonable reader or viewer.…

A letter of request under the Evidence (Proceedings in Other Jurisdictions) Act 1975 must seek evidence directed to facts alleged in the requesting…

On an application for an interim injunction, the court must determine whether there is a serious issue to be tried, whether damages are an adequate remedy and…

In determining the meaning of a publication, the court must consider the publication as a whole and the impression conveyed to the ordinary reasonable reader…

Statements of case must identify clearly the factual and legal basis of each claim, the defendant said to be liable, and the loss claimed. Vague, incoherent or…

A public authority does not generally owe a duty to protect a person from self-harm. An assumption of responsibility may arise where the authority has control…

A costs management hearing is not automatically subject to a costs in the case order. The court may exercise its discretion under Civil Procedure Rules 1998…

In an online libel claim, the meaning of a statement must be assessed afresh for each materially different phase of publication where admissible contextual…

Post-termination restraints must be construed realistically and enforced only to the extent reasonably necessary to protect legitimate business interests. A…

A pre-action deletion of documents justifies striking out a statement of case only where the deletion amounts to perversion, or attempted perversion, of the…

Without prejudice correspondence is generally inadmissible because the rule encourages candid settlement negotiations. The protection is not absolute. Evidence…

A director is not ordinarily personally liable for causing a company to breach its contracts. Personal liability for inducing breach requires more than…

Immigration detention does not follow automatically from the service of removal directions or refusal of voluntary departure. The Secretary of State must apply…

The court has a broad case-management discretion in relation to costs budgeting, including power to vary or revoke an order. Consolidation of proceedings may…

On an annual review of a final injunction against persons unknown associated with environmental protest movements, the court should take the earlier findings…

Default judgment may be entered where the claim form and particulars of claim were duly served, the defendant failed to acknowledge service or serve a defence…

A claim in misfeasance in public office seeking damages for personal injury is subject to the three-year limitation period in section 11 of the Limitation Act…

An appellate court should adopt a conservative approach to an appeal against a costs order. It may intervene only where the lower court erred in principle…

A deadline for making a non-party costs application does not necessarily carry an implied sanction merely because permission would be required after expiry.…

A dentist must undertake a full, current and patient-specific assessment before recommending implant treatment. Reliance on an earlier scan and undocumented…

A defendant may obtain relief from sanctions for a late acknowledgment of service where the breach is serious but has caused no significant litigation impact…

Applications to restrict access to statements of case require a fact-specific balancing exercise. The court must weigh the purposes of open justice and the…

An application for recusal must be treated as a distinct preliminary issue where apparent bias is alleged. The court must identify the circumstances bearing on…

Permission to cross-examine an opposing party before trial under Civil Procedure Rules 1998 r 32.7(1) is an exceptional remedy. The discretion must be…

For relief under section 25 of the Civil Jurisdiction and Judgments Act 1982, the court must first consider whether the relief would be available in equivalent…

Interest on general damages for pain, suffering and loss of amenities is ordinarily payable at 2% from service of the proceedings to judgment. The same…

An arrest for a suspected public-order offence requires an honest suspicion, objectively reasonable grounds for that suspicion, and an objectively reasonable…

Where a foreign judgment is registered for enforcement but the registration order’s practical effect expires because the limitation period has expired, the…

Contempt arising from breach of an anti-street-cruising injunction may warrant immediate custody where deliberate high-speed racing creates a very high risk of…

Permission to appeal should be refused where the proposed grounds disclose no real prospect of establishing an arguable legal, procedural or evidential error.…

At the pre-claim stage, the court may consider interim relief in proposed judicial review proceedings. The absence of an issued claim is not a jurisdictional…

A civil restraint order may be made where a litigant persistently issues claims or applications which are totally without merit. Persistence requires an…

Article 4(1) of the UK GDPR requires particular information to be linked to an identified or identifiable person by its content, purpose or effect. It does not…

In a civil recovery claim under Part 5 of the Proceeds of Crime Act 2002, the claimant must prove that the property was obtained by, or in return for, unlawful…

In deciding costs, the court should first identify the successful party overall and then consider whether there is a good reason to depart from the usual…

Costs management requires the court to set reasonable and proportionate parameters for the litigation, rather than reduce expenditure to an irreducible minimum…

Allegations that a director has acted dishonestly, fraudulently, in breach of fiduciary duty or in conspiracy must be formally pleaded with sufficient…

Consent relied on to justify cookies or personalised direct marketing must be free, specific, informed, active and unambiguous. Whether it meets that standard…

A planning injunction may be granted on an interim basis where there is a substantial breach of planning control, a real and imminent risk of continuation, and…

An appeal court will refuse permission where the proposed grounds disclose no viable basis for challenging findings of fact, the evaluation of payments, or the…

Interim relief in the High Court should not be used to obtain the substantive outcome of possession where county court possession proceedings are available and…

For an interim injunction restricting protest activity, the court must be satisfied on the evidence that the substantive and procedural requirements are met…

The fact or amount of a settlement by other claimants does not ordinarily establish the merits of a remaining claimant’s different claim, or imply that a…

An urgent without-notice injunction should not be granted to restrain enforcement action where the affected claimant has received notice of the enforcement…

A reference publisher may rely on qualified privilege where the publication answers a specific employment-related duty and interest. Malice requires proof of…

A commission agreement must be construed objectively, by reference to its language, structure and relevant common background. Commercial common sense cannot be…

Proposed defendants to an application for joinder are respondents because the order sought is against them. They must ordinarily be served and given a fair…

A claimant must prove the authenticity of a document when that issue is fairly raised. The court may permit a late authenticity challenge where the interests…

A periodic review of a final civil injunction asks whether the order has been effective, whether grounds for discharge have emerged, whether continuation…

A foreign judgment may be registered in England only if it remains enforceable in the state of origin when registration is made. Expiry of the limitation…

A handed-down civil judgment may be reopened before consequential orders are made or sealed, but finality remains a weighty consideration. The court must…

A solicitor is not disqualified merely because the solicitor previously acted for another party connected with the dispute. Where there was no solicitor-client…

Service of a claim form by an appropriate method remains effective even where the service step was completed outside the time prescribed by the Civil Procedure…

A statutory right to sue individual employees for discrimination under sections 109 and 110 of the Equality Act 2010 remains subject to proportionate case…

Permission to serve proceedings outside the jurisdiction requires a good arguable case within a gateway, a real prospect of success, and England and Wales…

In civil recovery proceedings, the enforcement authority must establish on the balance of probabilities that property is recoverable property. The court should…

A court must obey an existing order unless and until it is set aside or varied. The fact that a party has appealed does not, without more, suspend the order’s…

The timing of a reserved judgment is a case-management matter governed by the overriding objective. The usual three-month period for delivering reserved…

On an application for summary judgment in civil recovery proceedings, the claimant must show that the defendant has no real prospect of defending the claim and…

Permission to appeal requires a real prospect of success or another compelling reason. A private contractual claim concerning membership of an unincorporated…