High Court: Queen's Bench Division judgments, 2007

A later declaratory claim is not automatically an abuse of process merely because an issue could have been raised in earlier proceedings. The court must make a…

Detailed assessment proceedings ordinarily require the receiving party to bring forward the whole costs claim arising under the relevant costs order. Where…

A contractual obligation to provide access to premises for a specified period may require terms dealing with a landlord’s consent, even where those terms are…

In a defamation action, the court must confine the case to the real issue between the parties. A claimant who pleads a narrow and specific defamatory meaning…

The general rule that costs follow the event remains the starting point. A party’s success on individual issues does not, by itself, justify an issues-based…

In an assault claim, the distress and additional suffering caused by the circumstances of the assault should ordinarily be reflected within the award for pain…

Applications to add two corporate claimants, or to allow an existing claimant to recover losses suffered by them, were refused. A court considering whether it…

In assessing damages for catastrophic personal injury, the court must identify the claimant’s reasonable needs and apply available actuarial evidence wherever…

Economic duress requires pressure which practically compels the claimant or leaves no practical choice, illegitimate pressure, and significant causation. The…

A local authority may owe a common-law duty of care to a child in relation to investigating suspected abuse and deciding whether protective action is required.…

An appellate court should be slow to interfere with a trial judge’s evaluation of evidence, particularly where negligence involves an assessment of degree.…

Where professional negligence causes the loss of a more valuable contractual right, damages may be assessed by comparing the capital value of the actual and…

Where defendants are entitled to an interim payment on account of costs, the court may order payment in an amount supported by an unchallenged costs estimate.…

An employee’s contractual right to appeal against termination may be removed by subsequently incorporated national terms, provided the contractual mechanism…

In clinical negligence, a claimant establishes causation where the negligent treatment made a material contribution to the injury, even though a non-negligent…

A challenge to a local authority’s later decision to enforce an existing possession order is not necessarily an application to postpone the effect of that…

A hospital’s clinical decision is assessed by reference to the information reasonably available at the time, rather than with hindsight. Cannulation may be…

Burstein particulars are a flexible case-management device. The court must balance fairness, the risk of assessing damages on a false basis, the proper scope…

A second application for summary judgment may be made where there has been a material change of circumstances since the first application. Guilty pleas entered…

Retention monies under a construction contract may be held on an express trust, giving the employer trustee obligations in addition to contractual obligations.…

Capacity in civil proceedings is decision-specific and time-specific. Under CPR Part 21, the High Court must use the statutory definition of capacity imported…

On an appeal from a case-management decision, the High Court reviews the decision rather than conducting a rehearing. A court may strike out a claim or…

For an arrest under Terrorism Act 2000, the officer must genuinely suspect that the person is a terrorist and must have reasonable grounds for that suspicion.…

Where an employee takes part in industrial action, the employer’s deduction from wages is limited to the wages for the work not performed. The court should…

For the purposes of the Disability Discrimination Act 1995, a physical impairment may have a substantial adverse effect on normal day-to-day activities even…

On a Part 24 application, where the court has all necessary evidence and adequate argument on a short issue of law or construction, it should decide that issue…

A default judgment may be set aside where the defendant has a real prospect of successfully defending the claim or there is another good reason to permit a…

A claim for repayment of bank charges should not proceed where the principal monetary claim has been satisfied and the remaining claims have no reasonable…

Qualified privilege for publication in the public interest depends on responsible journalism. The subject matter may be of genuine public interest, but the…

A post-termination restriction is enforceable only to the extent reasonably necessary to protect a legitimate business interest. A covenant covering a…

An interim injunction restraining publication of confidential information engages freedom of expression under article 10. The court must make a qualitative…

For an arrest under section 41 of the Terrorism Act 2000, legality turns on the arresting officer’s genuine suspicion and the objective reasonableness of the…

A contractual bonus arrangement is construed objectively by reference to the words used, read in their commercial and factual context. Where an accepted…

A fraudulent misrepresentation may be made to a machine acting on behalf of the claimant where the machine is programmed to process the transaction differently…

Reasonable suspicion may be based on intelligence and material that would not itself be admissible at trial. The question is whether the information, viewed…

In civil recovery proceedings, unexplained wealth alone cannot establish that property was obtained through unlawful conduct. The claimant must identify and…

A claimant bears the burden of proving, on the balance of probabilities, that the loss claimed resulted from the defendant’s negligence. A defendant alleging…

A financial adviser must give clear, suitable advice about the available pension options, compare their benefits and risks, and explain the investment growth…

Harassment under the Protection from Harassment Act 1997 requires a targeted course of conduct on at least two occasions which is objectively calculated to…

Contributory negligence requires proof that the claimant failed to take reasonable care for his own safety and that this failure contributed to the injury. The…

A witness summons under CPR 34.4 may be issued to obtain specified documents needed for the fair disposal of an inquest. The civil litigation concepts of…

When an interim injunction may effectively determine the dispute before trial, the court must assess the applicant’s prospects of success to the extent justice…

Statements made to the police by a complainant during the early stages of an investigation into possible crime may attract absolute privilege and immunity from…

A representation about a party’s present intention or expectation is not false merely because the anticipated event later fails to occur. A warranty requires a…

An interim payment is discretionary and must promote the overriding objective. The claimant need not identify a particular expense that the payment will meet.…

Contractual construction requires consideration of the factual background reasonably available to the parties, even where the wording appears clear. The…

In a clinical negligence claim, the court must assess the treatment decision by reference to the information reasonably available when it was made, without…

A highway authority’s statutory power to cut grass does not, without more, create a common-law duty to do so. A duty may arise where the authority has entered…

A Norwich Pharmacal order may be made where a wrong has arguably been committed, the applicant needs disclosure to sue the wrongdoer, and the respondent is…

In deciding whether to set aside a regular default judgment under Civil Procedure Rules 1998, the court must consider promptness, whether the defendant has a…

An action for malicious presentation of a bankruptcy petition requires proof of five elements: presentation, favourable termination, absence of reasonable and…

When deciding the mode of trial for a preliminary issue concerning qualified privilege in a libel action, the court must assess the case as it stands and apply…

A contractual obligation is classified by its substance rather than its label. A promise by directors to ensure that a company complies with its contractual…

The High Court has no jurisdiction to entertain a renewed application for permission to appeal where the applicable appellate procedure has already been…

A lost opportunity to pursue litigation has no recoverable value where the underlying claims had no realistic prospect of success. A defamation claim may be…

An “all monies” guarantee does not automatically cover every liability later assigned to the creditor. Its scope depends on the parties’ presumed intention…

A judge may reconsider a delivered judgment before an order giving it effect, but only where strong reasons exist and the conclusion is clearly wrong without…

Where a contract requires works to be commenced by a specified date, commencement requires physical works at the relevant site which are more than de minimis.…

Damages for negligent professional advice ordinarily aim to restore the claimant to the position that would have existed without the breach. Where negligence…

A local authority’s decision to recover possession from an unauthorised gypsy or traveller encampment may be challenged on conventional public law grounds, but…

A charging order should be considered on the evidence before the court when the order is sought. Later insolvency events cannot retrospectively establish that…

In assessing damages for a claimant with a shortened life expectancy, the court must avoid compensating twice for mortality. Where medical experts have already…

On an application for interim injunctive relief concerning publication of allegedly private and confidential material, the claimant must show that publication…

Where money is paid under a court order later set aside, the payer may recover the overpayment with interest from the date of payment. A related agreement may…

Acceptance of a LOROS or DOROS payment settles the claimant’s liability claim against the Department but does not extinguish a separate surviving claim against…

An injunction restraining threatened protest activity may be granted where unlawful disruption of an airport is established and the relief is necessary and…

Where an injured person settles or obtains judgment for damages during life, dependants cannot subsequently bring a claim under the Fatal Accidents Act 1976…

Summary judgment is appropriate where the claimant has no realistic, non-fanciful prospect of success and there is no compelling reason for a trial. The same…

Indeterminate detention after expiry of the tariff period requires continuing justification by current and effective assessment of the prisoner’s risk to the…

In a clinical negligence claim, causation is determined on the civil balance of probabilities, not by requiring medical evidence to reach the 95% confidence…

A claimant seeking damages for a Member State’s failure to implement a European directive need not first exhaust domestic remedies against another potential…

A court should publish its full reasons for refusing injunctive relief unless there are cogent reasons for withholding material from the public. This follows…

A statutory appeal on a point of law must provide effective access to the court. A county court may adjourn a housing appeal to avoid duplicated proceedings or…

An employer may be liable under the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998…

The meaning of a written commercial agreement is determined objectively from its words, read as a whole and in their factual context. Subjective intentions are…

For the purposes of CPR 72.2, a debt must be a debt properly so called. An entitlement under a will, including a pecuniary legacy or a share in residue, is not…

Under the Consumer Protection Act 1987, an importer is strictly liable where damage is caused wholly or partly by a product defect. The claimant must prove, on…

Summary judgment may be granted where the defendant has no realistic prospect of successfully defending the claim and no compelling reason for trial remains.…

The right to education under Article 2 of Protocol 1 does not guarantee education of a particular type, quality or at a particular school, including education…

The court has a broad discretion over costs. Although costs usually follow the event, the court may make an issue-based order after considering the substance…

Under Part 1 of the Extradition Act 2003, the statutory distinction is between an accusation case and a case in which the person is alleged to be unlawfully at…

Where publication engages Article 8, the court must conduct an intense, fact-specific balancing exercise against Article 10. It is not necessary first to…

A document obtained by compulsory disclosure may be used only for the proceedings in which it was disclosed unless an exception applies. Under CPR 31.22(2)…

Contractual meaning is determined objectively from the agreement read as a whole, its commercial context and the relevant background known to the parties.…

A general practitioner is not negligent merely because a serious condition is later diagnosed. The question is whether, on the information reasonably available…

The ex turpi causa principle may bar recovery where a claimant’s losses are so closely connected with, or inextricably bound up with, the claimant’s criminal…

A creditor claiming a liquidated debt is entitled to payment of the sum due. Issues of causation and mitigation of loss do not arise merely because the…

The court may order disclosure of a defendant’s insurance arrangements under CPR 18.1 where the information is relevant to the efficient and proportionate…

A compensation agreement must be construed objectively and as a whole, using the background reasonably available to the parties while excluding their prior…

When exercising its discretion on appeal costs, the court must consider all the circumstances, including the parties’ conduct and who achieved the practical…

A wasted costs order requires improper, unreasonable or negligent conduct by a legal representative, unnecessary costs caused by that conduct, and justice in…

Pre-action disclosure may be ordered where the parties are likely to be parties to subsequent proceedings, the documents would fall within standard disclosure…

Abuse of process under the Henderson v Henderson principle requires a broad, merits-based assessment of all the circumstances. The fact that an issue could…

A conditional fee agreement charging a discounted fee where damages are recovered without a costs order does not thereby provide for a success fee. The…

An employee’s preparatory steps towards future competition may be permissible, but sufficiently advanced commercial activity can amount to carrying on another…

A fraudulent misrepresentation may consist of a statement about present intention or existing contact. A statement that was initially true may become false…

A buyer who has accepted defective goods cannot later reject them for breach of condition, but may claim damages for breach of warranty. A contractual…

Contractual deferred-compensation provisions are applied according to their proper meaning. “Job elimination” concerns the complete disappearance of the…

Article 1(4) of the Second Motor Insurance Directive requires compensation arrangements for victims of unidentified or uninsured vehicles to provide protection…

Under the Housing Act 1985, a right to buy is exercisable only through the particular statutory claim by which it was established. Where a secure tenant…

A termination agreement may make payment conditional upon the truth of warranties concerning the employee’s prior conduct. Where the wording identifies the…

Contributory negligence requires proof that the claimant was at fault, that the fault caused the injury, and that a reduction would be just and equitable. The…

A contractual entitlement to commission depends on the proper construction of the agreement and the defined route by which business was introduced. Where an…

At the interim stage, a prohibitory injunction requires a serious question to be tried, damages to be inadequate, and the balance of convenience to favour the…

Permission to amend pleadings depends on whether the proposed case has some prospect of success. Terms are implied into a commercial contract only where the…

A whole-life sentence without parole does not automatically violate ECHR Article 3 in an extradition case. Torture, and treatment whose severity plainly…

When fixing a minimum term for a mandatory life sentence under Criminal Justice Act 2003, the court must assess the seriousness of the offence by reference to…

When fixing the minimum term for an existing life prisoner, the court must assess the requirements of retribution and deterrence under the Criminal Justice Act…

When fixing a minimum term for murder under Criminal Justice Act 2003, the court must assess the seriousness of the offence by weighing aggravating and…

Where the correct measure of damages is reasonably arguable on appeal, the court may direct an assessment on both competing bases. The decision should balance…

Claims may be struck out where they disclose no reasonable legal grounds, and summary judgment may be given where the claimant has no real prospect of success.…

A professional adviser negotiating a long commercial lease must apply proper attention to the value and structure of the transaction, including likely…

A claim may be struck out as an abuse of process where its allegations are broad, oppressive and insufficiently particularised to enable the defendant to know…

A shipment complying with the EU regulatory framework is not rendered unlawful merely because officials question whether an adequate financial guarantee…

Absolute privilege extends to defamatory information supplied to the police in the course of investigating possible criminal wrongdoing. The protection applies…

Amendments to add parties after expiry of the limitation period require compliance with the statutory and procedural rules governing substitution or addition.…

A commercial agreement should be construed fairly and broadly so far as its language and factual context permit. Difficulty of interpretation does not itself…

In assessing future care, the court must first determine the claimant’s reasonable needs and then assess whether the proposed course is reasonable in light of…

An interim harassment injunction may restrain unlawful protest while preserving a proportionate opportunity for peaceful demonstration. Where representative…

An interim injunction restraining harassment and trespass may continue where there are reasonable grounds to fear further unlawful conduct. The order must…

On an application for an interlocutory injunction against threatened industrial action, the court must consider the balance of convenience together with the…

For remuneration under paragraph 9 of the Criminal Defence Service (Funding) Order 2001, a plea and case management hearing remains such a hearing even when…

When determining the natural and ordinary meaning of an article, the court must consider the publication as a whole, including passages protected by privilege.…

A Francovich claim accrues when the claimant suffers loss caused by the alleged failure to implement the directive, not when that loss is later quantified.…

A general practitioner’s statutory entitlement to General Medical Services remuneration is enforceable as a private law right. That entitlement may…

When fixing costs for a fast-track process introduced as a variation of an existing claims-handling agreement, the agreed tariff under that agreement is the…

The tort of deceit may arise between cohabitees where one party deliberately or recklessly makes a false representation about paternity intending the other to…

A freezing order may support an existing cause of action even where the precise amount of tax owed has not yet been assessed. Liability for unpaid tax can…

In an asbestos-related mesothelioma claim, a claimant need not prove the precise dates of exposure. It is sufficient to establish, on the balance of…

A foreign state may enforce a patrimonial proprietary claim in England where it acquired property by means available to a private person. A claim founded on…

In a trial of labour following an earlier caesarean section, the true choice is between continuing labour and terminating it by caesarean section. A foetal…

Payments made by a tortfeasor after a death are not subject to a special rule under Fatal Accidents Act 1976 s.4. The statutory question is whether the benefit…

Permission to amend a pleading should be refused summarily where the proposed case has no real prospect of success. The [2007] EWHC 643 (QB) test under Part 24…

In assessing damages for negligent medical treatment, the claimant is compensated for loss caused by the negligence, but not for the original injury or…

Standard terms are not incorporated merely because a trade commonly uses them or because a customer probably expected terms limiting liability. Incorporation…

In neonatal resuscitation, the standard of care requires trained clinicians to follow the established sequence of securing the airway before progressing to…

An instructor must take reasonable steps to reduce the risks of riding instruction to an acceptable level, particularly where a nervous rider may be unsettled…

For registration and enforcement in England under article 38 of the Judgments Regulation, the foreign judgment must be enforceable in the Member State of…

Restrictions on protest must be justified by good reason and framed consistently with the fundamental right to engage in lawful protest. An existing injunction…

In deciding whether to grant an interim injunction enforcing post-termination restraints, the court should consider: the meaning of the covenant; the…

When fixing a minimum term under the transitional provisions of the Criminal Justice Act 2003, the court must apply the statutory starting points and general…

When fixing the minimum term for a mandatory life sentence under the Criminal Justice Act 2003, the court must apply the framework in Schedules 21 and 22.…

On an appeal from a case management decision concerning expert evidence, the appellate court must respect the first-instance judge’s discretion unless the…

When fixing a minimum term under the transitional provisions for a mandatory life sentence, the court must apply the statutory starting-point and take account…

When fixing a minimum term for a life sentence imposed before the Criminal Justice Act 2003, the court must apply the statutory framework while observing the…

A contractual term may be implied only where necessary to make the contract workable, not merely because it would be reasonable or would reflect a statutory…

For extradition requests under Part 2 of the Extradition Act 2003, the court may examine the request and accompanying documents as a whole to determine whether…

Magistrates have a general discretion to admit further prosecution evidence after the prosecution has closed its case and, in exceptional circumstances, after…

The Norwich Pharmacal jurisdiction may require an innocent third party to disclose information where it has become involved in, and facilitated, an arguable…

Life-expectancy evidence in a personal-injury claim should be assessed as a clinical judgment informed, but not determined, by epidemiological statistics.…

Damages for asbestos-related pleural plaques should be assessed globally, taking account of the plaques, anxiety and the risks of future malignant and…

An English court may restrain a party from pursuing foreign proceedings or procedural steps where that conduct is unconscionable because it is vexatious…

A collateral attack on factual findings in earlier civil proceedings is not automatically an abuse of process where the parties to the later proceedings were…

A post-termination non-dealing covenant must first be construed according to ordinary contractual principles and the relevant factual background. The employer…

A claimant must maintain a safe distance from the vehicle ahead, particularly in a convoy of large vehicles, so as to allow for delayed reactions, abrupt…

In assessing damages for uncertain future loss, the court must make the best informed assessment available from the evidence. A conventional…

Interim restraint of publication under Human Rights Act 1998 requires an assessment of whether the claimant is likely to obtain permanent relief at trial. The…

Immigration Rules, although not delegated legislation in the strict sense, have legislative characteristics because of their general application and…

Norwich Pharmacal relief is exceptional. It is not available merely to identify every person involved in alleged wrongdoing, refine a pleading, or obtain…

Claims pleaded as conspiracy to injure, unlawful interference or breach of contract must identify the legally recognised cause of action, the essential…

Under Part 5 of the Proceeds of Crime Act 2002, an enforcement authority must identify the matters constituting particular kinds of unlawful conduct and prove…

When deciding an application for an interim payment under Civil Procedure Rules 1998, rule 25.7(4), the court must identify the likely amount of the final…

A claim may be struck out for abuse of process where prolonged and largely unjustified delay creates a strong likelihood that a fair trial is impossible. The…

Parties to litigation should not use self-help to search or copy another party’s digital documents where the same result could have been sought by an…

English conflict-of-laws rules ordinarily refer title to movable property to the domestic law of the situs at the relevant time. The doctrine of renvoi should…

In judicial review proceedings, an order that an unsuccessful claimant pay the defendant’s costs may include reasonably incurred costs incurred before…

Pre-action disclosure may be ordered where the statutory conditions are met and disclosure is desirable to resolve or fairly dispose of anticipated proceedings…

Fraud may be established by compelling circumstantial evidence, notwithstanding the unusual character of the alleged deception and the heavy burden applicable…

In clinical negligence, a professional practice or policy is not negligent merely because another approach may appear preferable. The court must ask whether…

An account stated is cogent evidence of the debt admitted, and the accounting party bears the burden of showing that the account is wrong or that an admission…

A fostering agreement made under a comprehensive statutory scheme does not ordinarily create a private law contract between a local authority and foster…