High Court: Queen's Bench Division judgments, 2011

For an interlocutory injunction restraining industrial action, the relevant question is whether the union is likely to establish a defence under Part V of the…

A contractual indemnity for professional costs incurred in proceedings arising from an employee’s office does not ordinarily cover allegations of the…

In a libel action, a defendant may amend a justification defence where the publication is reasonably capable of bearing the amended meanings and the proposed…

Interim relief under the Protection from Harassment Act 1997 may restrain harassment carried out through Internet publications. Where Article 10 rights are…

On a meaning application in a libel claim, the court must decide whether the words are capable of bearing the pleaded meaning or another properly advanced…

A public authority cannot rely on an existing relationship with recipients as automatically establishing qualified privilege for defamatory communications. It…

Where a solicitor’s file is sought in CPR Part 8 proceedings, a defendant who advances lien, privilege or ownership objections must provide a proper basis for…

Applications for interim injunctions concerning confidential information should ordinarily be notified to the respondent, even where made urgently and outside…

In assessing whether prison conditions constitute degrading treatment under Article 3, the court must consider all the circumstances and their combined…

Intentional hostile force constitutes an assault unless the defendant proves legal justification. In assessing a police officer’s use of force, the court must…

A court should extend the one-year limitation period for defamation only where, having regard to all the circumstances, it is equitable to do so. The claimant…

In civil recovery proceedings, the enforcement authority must prove on the balance of probabilities that property was obtained through unlawful conduct. The…

An employee may prepare to compete after leaving employment, but preparatory activity becomes a breach when it involves pursuing or diverting the employer’s…

Confidentiality obligations arising from a settlement should not be displaced merely because a defendant wishes to investigate a possible justification defence…

In a clinical negligence claim, breach of duty and causation must each be established on the balance of probabilities. Where expert evidence and…

In medical negligence claims, the court assesses whether the treatment fell outside the range regarded as acceptable by a responsible body of professional…

Under rule G1 of the Firemen’s Pension Scheme, pensionable pay is not confined to basic pay or sums determined solely by a firefighter’s role. It includes…

Permission to amend pleadings to introduce a new defence after judgment has been handed down is a matter of discretion. The court must seek to achieve justice…

Documents obtained under a Bankers Trust/Norwich Pharmacal order may be used in later foreign proceedings where the application was made to investigate a…

In a defamation trial, the court determines the natural and ordinary meaning of the words complained of by applying a test of reasonableness. The court must…

For the graduated fee schemes under the Criminal Defence Service (Funding) Order 2007, a case proceeds to trial only when it has begun in a meaningful sense.…

In determining the meaning of allegedly defamatory election publications, the court must reach its own conclusion as to what the words would convey to the…

Summary judgment may be granted where the claimant has no real prospect of succeeding on the relevant claim or issue and there is no other compelling reason…

Permission to amend a defence should generally be granted where the proposed defence is arguable, although other defences may be excluded or limited for…

Under the Criminal Defence Service (Funding) Order 2007, a special preparation fee is available only for documentary prosecution material served…

A contractual provision stating that a lender’s obligation to make an advance is in its sole discretion may confer a residual discretion to refuse funding…

A solicitor’s duty to exercise reasonable skill and care is defined principally by the scope of the retainer and the circumstances apparent to the solicitor. A…

A Norwich Pharmacal order requires evidence of wrongdoing, the respondent’s involvement, necessity, and utility. The respondent’s involvement may be unwitting…

An employer seeking to restrain a former employee must identify the confidential information with sufficient precision, establish that it is information…

Costs must be confined to work reasonably and proportionately undertaken for the application in issue. The court must consider all the circumstances, including…

An anonymity order and related derogations from open justice may be justified where identifying the parties or disclosing further information would create a…

Where a claimant seeks an interim privacy injunction in circumstances involving an alleged attempt at blackmail, compelling reasons may justify proceeding…

In a clinical negligence claim, causation is assessed by asking what would probably have happened if the established breach had not occurred. The claimant must…

A statement in open court may, in appropriate and rare circumstances, be used by a defendant as well as a claimant to obtain vindication on settlement. The…

For permission to serve a claim in tort out of the jurisdiction, internet publication must amount to a real and substantial tort. Publication to a small number…

Relief from sanctions following breach of an Unless Order requires a rigorous assessment of the default and all the circumstances under CPR r3.9. A short delay…

An appellate court will interfere with a costs decision only for an error of law, irrationality or a comparable failure to exercise the discretion properly. A…

Springboard relief is available where serious breaches of employment obligations give a former employee or a third party an unfair competitive advantage which…

When deciding the costs consequences of late relief from sanctions, the court must assess the actual prejudice caused by the delay and balance it against the…

A solicitor’s retainer may be terminated where there is good reason, including a wholesale breakdown in confidence, provided reasonable notice is given. A…

Vicarious liability depends on a close connection between the employee’s wrongful act and the functions entrusted to him. A doctor’s participation in an…

A civil injunction may be granted under the Protection from Harassment Act 1997 where repeated conduct amounts, or is apprehended to amount, to harassment.…

In libel proceedings, limited publication does not by itself establish abuse of process or mean that there is no substantial tort. The court must assess the…

In exercising its discretion on costs, the court must consider all the circumstances, including party conduct and relevant settlement offers. The general rule…

In determining the meaning of allegedly defamatory words, the court must adopt the natural and ordinary meaning conveyed to the ordinary reasonable reader…

Relief from sanctions must be assessed by working through the factors in CPR 3.9 and then standing back to consider proportionality and the overriding…

A success fee under a conditional fee agreement must bear a reasonable relationship to the litigation risk assessed by reference to the facts reasonably known…

Applications for information about litigation funding may properly be granted where there are reasonable grounds to suspect that a solicitor has acted outside…

In a clinical-negligence claim involving cauda equina syndrome with retention, breach of duty does not establish liability without proof that the breach…

A driver being overtaken is not generally required to slow down or take other steps to rescue a motorist who has created a dangerous overtaking situation.…

Vicarious liability is not confined to a contract of employment. At the first stage of the inquiry, the court asks whether the relationship between the…

On an application for summary judgment, a client alleging that professional negligence caused the loss of an appeal need not prove that the appeal would have…

In a defamation claim founded on qualified privilege, malice must be pleaded and evidenced against a person who was both malicious and responsible for the…

Article 8 may require a court to assess the proportionality of making a possession order against a non-secure tenant housed under the homelessness provisions…

A constable exercising a statutory search power must personally possess sufficient information to have reasonable grounds for suspicion, although that…

In a claim for malicious prosecution, the claimant must establish both the absence of reasonable and probable cause and malice. Reasonable and probable cause…

Where a tort occurring abroad is governed by foreign law under Part III of the Private International Law (Miscellaneous Provisions) Act 1995, that law…

A motorist approaching horses on a narrow country road must take reasonable care to control the vehicle and reduce both speed and other features likely to…

A defamation claim should be struck out for delay only where the delay amounts to an abuse of process, substantially prejudices a fair trial, or means that the…

Where confidential information held by a public authority is received by a publisher, the court must balance the public interests protected by confidentiality…

A local authority may owe a common-law duty of care in investigating suspected child abuse and taking protective measures. The standard is reasonable skill and…

On an appeal from findings of fact, the appellate court should respect the trial judge’s assessment of witnesses and evidence. Intervention is justified only…

A driver emerging from a minor road onto a major road owes a high standard of care, but is not subject to strict or absolute liability. A court may find a…

Summary judgment in defamation is inappropriate where the evidence discloses a genuine conflict on what was said or where a pleaded defence has a realistic…

A school’s ordinary duty is to take reasonable care for pupils, including reasonable care in selecting competent independent contractors. It does not generally…

A deed is enforceable only if the person who signed it intended to be bound by it. Signature and physical delivery to the apparent beneficiary are insufficient…

Part II of the Mental Health Act 1983 provides an exhaustive code for compulsory admission to hospital. The common-law doctrine of necessity cannot supplement…

Late acceptance of a Part 36 offer ordinarily attracts the costs consequence prescribed by CPR 36.10(5). The court may depart from that order where it would be…

A public authority may invoke lack of statutory capacity to resist enforcement of a contract. Other public law defects do not automatically make a contract…

A libel claim may be struck out as an abuse of process where the reputational interest at stake no longer justifies the court resources required for trial. The…

In deceit, a representee need not verify a representation before relying on it, particularly where the representor creates urgency to discourage investigation.…

The Commercial Agents Regulations 1993 do not exclude an agent who acts for multiple principals, including competing principals. Whether the Regulations apply…

Conversion occurs where a person in possession of property refuses to return it after demand by someone entitled to possession. The claimant need not prove…

A contractual restraint of trade covenant must be construed in its commercial context. Where the contract expressly excludes clients brought by an employee…

A guarantee may be set aside for undue influence where a person in a position of trust or influence is induced to sign without sufficient information about the…

Private information concerning sexual relationships, correspondence and associated photographs may be protected by Article 8 even where aspects of the…

A local planning authority exercising direct-action powers under Town and Country Planning Act 1990, section 178, may carry out works reasonably necessary to…

For interlocutory relief concerning post-employment obligations, the court applies the American Cyanamid approach: whether there is a serious issue to be…

An investment adviser gives regulated investment advice when information is accompanied by a value judgment or selected so as to influence the client's…

Documents prepared for or used in judicial proceedings attract absolute privilege where the complained-of material has any reference to those proceedings. The…

A contractual payment statement is not necessarily a margin call merely because it requests immediate payment. The court must determine what the parties’…

Before an NHS Trust proceeds to a capability hearing, it must comply with Part IV of Maintaining High Professional Standards in the Modern NHS. Where local…

Under section 2(2) of the Animals Act 1971, whether damage was likely to be severe must be assessed in the circumstances in which the animal acted. A horse’s…

A driver who slows in heavy traffic to signal that an approaching vehicle may safely turn is not negligent merely because a following vehicle is too close…

In a catastrophic personal-injury claim, damages must meet the claimant’s reasonable needs while remaining fair, reasonable and proportionate. Where medical…

An occupier’s duty is assessed by asking whether the premises were reasonably safe for the purposes for which the visitor was invited or permitted to use them.…

Harassment under the Protection from Harassment Act 1997 requires conduct sufficiently grave to justify criminal sanctions. The Act is not intended to regulate…

Disciplinary allegations against a medical practitioner are not matters of a professional nature merely because they arise from disagreement about retraining…

The statutory schemes for litigators’ graduated fees and very high cost cases are intended to operate as distinct regimes. The court must interpret the…

In internet libel claims, the availability of material online does not create a presumption of publication in England and Wales. The claimant must plead facts…

In assessing libel damages, the court must determine the natural and ordinary meaning conveyed to the ordinary reasonable reader, avoiding both naïve and…

In documentary credit transactions, the issuing bank must comply strictly with the credit’s terms and cannot rely on the underlying commercial relationship or…

Where credit-hire charges have been paid under a genuine contract of indemnity insurance, the claimant has suffered the relevant loss and there is no double…

Under Swiss law, an employee may terminate an employment contract immediately for good cause only where continuation has become unconscionable in good faith. A…

Landlords have two continuing obligations under the tenancy deposit provisions: to safeguard the deposit and to provide the tenant with the prescribed…

In a common-law negligence claim concerning a defective product, the claimant must prove both the defect and negligence by the manufacturer. A manufacturing…

An occupier of woodland owes lawful visitors the statutory common duty of care: to take such care as is reasonable in all the circumstances to ensure that they…

On an application to amend a defamation and malicious falsehood claim, the court determines the permissible range of meaning at an early stage. Words are…

A general civil restraint order may be extended where the criteria for making the original order remain satisfied. The relevant conduct is persistence in…

For the purposes of the offer of amends defence under Defamation Act 1996, “reason to believe” imports recklessness, meaning indifference to whether the…

Summary judgment is appropriate where a claim or defence has no real prospect of success and there is no compelling reason for trial. The court must avoid a…

A defence to a defamation claim has no realistic prospect of success where allegations of lying and dishonesty are pleaded as comment but are plainly…

On an application for strike out or summary judgment, the court must assess the pleaded case at its highest and avoid resolving substantial factual disputes or…

The statutory power to detain a person liable to removal is distinct from the power to arrest. The requirement to give arrest information under section 28 of…

For jurisdiction under Article 5(1)(b) of the Judgments Regulation, services must be provided pursuant to a direct contractual obligation. Activities which are…

A spent conviction is not thereby confidential. The Rehabilitation of Offenders Act 1974 confers defined privileges, but does not generally create a right to…

Music is incidental to non-regulated activities only where its nature and volume do not make entertainment, dancing or listening the principal activity. The…

In a transitional mandatory-life case, Article 7(1) of the European Convention on Human Rights prevents a minimum term exceeding the penalty that could…

An employer exercising a contractual power to classify disciplinary allegations must act honestly, in good faith and rationally. A classification which no…

On an application to redact employee identities from documents recording suspicious-activity reports, the court should determine: relevance; whether the…

On an application to amend or reinstate defences of justification and fair comment, a pleaded allegation must identify clearly the conduct said to be…

An insurer relying on a warranty concerning the security of unoccupied premises must establish both a breach of the warranty and that the breach contributed to…

Permission to appeal from summary judgment should be refused where the respondent’s overall case answers the proposed grounds and the applicant’s case has no…

Compulsory motor insurance must protect innocent third parties against liability for property damage caused by the use of a vehicle, even where the insured…

In adventurous training, the duty of care requires leaders to take reasonable steps to minimise foreseeable risks, while recognising the social value and…

Article 1 jurisdiction is essentially territorial. Extra-territorial jurisdiction is exceptional and requires recognised special justification. A soldier…

Expert evidence must be limited to evidence reasonably required to resolve the proceedings. A very late application to rely on expert evidence engages the…

Although finality is an important principle in damages litigation, the court may exceptionally postpone quantification of some losses where the claimant’s…

On an application to commit for breach of a planning injunction, the court may remedy defects in the local authority’s decision-making when exercising its own…

A claim in quantum meruit may be pursued against individuals as well as corporate defendants where the pleaded facts arguably show that the individuals…

A commercial contract must be construed as a whole, in its factual and commercial context, to ascertain what a reasonable person would understand it to mean.…

A highway defect is actionable under section 41 of the Highways Act 1980 only if it is dangerous in the legally relevant sense. The issue is not whether some…

A driver emerging from a minor road must not advance beyond the available sightline where an obstructing vehicle creates a foreseeable risk of collision with…

Disclosure will not be ordered merely because relevant material may later assist a party in separate proceedings. Where disclosure is sought from a non-party…

Summary judgment may be given in a fraud case where the material facts are admitted or follow inexorably from the evidence, and no alternative findings could…

On a meaning application in a defamation claim, the court must read the publication as a whole and assess the impression conveyed to the ordinary reasonable…

Interim bills may be final statutory bills for the work they cover. The question depends on the retainer, the terms and presentation of the bills, any…

Provisional damages and variation of periodical payments are appropriate where there is a measurable, non-fanciful chance of a serious and clearly identifiable…

For honest comment, the relevant question is objective: whether an honest person could have made the comment and whether it was germane to the subject…

The indemnity principle permits a costs order only to indemnify a party against legal costs paid or legally payable. A third-party funder or statutory…

An occupier generally owes no duty to protect a visitor from an obvious and inherent risk which the visitor freely, genuinely and knowingly chooses to run. The…

In a possession claim, a pleaded proprietary-estoppel or constructive-trust defence may constitute a genuine dispute on substantial grounds even where the…

Effective case management requires parties to focus on the pleaded issues and prevents ambush. Irrelevant, speculative or incoherent amendments and evidence…

In privacy proceedings, the fact of a sexual relationship may attract a reasonable expectation of privacy, but that depends on the particular information and…

An entire agreement clause may preclude reliance on a collateral contract or warranty where, properly construed, it supersedes previous arrangements and…

A private-law claim for damages for unlawful immigration detention is not ordinarily abusive merely because related removal decisions were challenged by…

A lender selling a single-premium payment protection insurance policy alongside a loan does not assume fiduciary or tortious duties merely because the insurer…

An out-of-time application for trial by jury does not necessarily deprive the court of power to order a jury trial. The court may extend the time for…

A judge may refer to the Attorney-General a publication alleged to interfere with the administration of justice. The power need not be exercised where a…

In assessing an interim payment where the final award may include periodical payments, the court must conservatively estimate the likely capital award…

A summary assessment of costs must engage with the component parts of the bill and the work actually claimed. The judge must then assess whether the resulting…

An order for third-party disclosure requires proof of two separate conditions: the documents must be likely to support the applicant’s case or adversely affect…

On an application to serve proceedings out of the jurisdiction, the claimant must show that England and Wales is clearly the appropriate forum. The court…

Costs budgeting is concerned with managing future estimated costs, intended activities and proposed procedural steps. It is not a detailed assessment of costs…

An anonymity and privacy injunction does not become ineffective merely because the information has been widely disseminated online. Privacy law protects…

Widespread online disclosure does not automatically make a privacy injunction futile. The court must continue to apply the law as it stands unless Parliament…

When deciding whether to vary or discharge a privacy injunction, the court must assess the evidence and the competing rights of all persons who may be…

An interim privacy injunction may be granted where the claimant has a reasonable expectation of privacy and publication is unlikely to be permitted after an…

A person who controls construction work, or controls a person carrying out work at height, may owe statutory duties to protect workers even without being their…

In a personal injury claim involving lost business earnings, loss of a chance must be distinguished from the assessment of quantum. Where third-party decisions…

An interim payment must represent no more than a reasonable proportion of the likely final judgment. Where a periodical payments order may be made, the court…

An investigative duty under Articles 3 and 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms arises when the police…

Whether it was reasonably practicable to appeal within time is principally a question of fact for the tribunal. The expression means something between physical…

A claimant may elect at trial to pursue damages instead of specific performance. The election may be inferred from the way the case is pleaded, presented and…

At the interlocutory stage the court does not try the substantive claim or make final findings of fact. It asks whether there is a serious issue to be tried…

Interim privacy injunctions require a fact-sensitive balancing of competing rights under Articles 8 and 10. Neither right has automatic priority. The court…

A party may be an occupier without exclusive control. Physical involvement in constructing, erecting and supervising a public structure may create both…

Damages for defamation serve three purposes: compensation for hurt feelings, compensation for genuine injury to reputation, and vindication where required. The…

Interim restraint of publication of private information requires a real prospect that the claimant will establish at trial that publication should not be…

In a defamation claim, meaning is determined from the perspective of the hypothetical reasonable reader. The publication must be read as a whole, without…

Under sections 213 and 214 of the Housing Act 2004, the statutory penalty for tenancy-deposit non-compliance is mandatory once the court determines at the…

The court held that CPR 6.15(1) empowers the court to authorise service of a claim form outside the jurisdiction by an alternative method, including email.…

On an appeal from summary judgment, the appellate court may substitute its own evaluation where the lower court’s assessment of documentary material is wrong.…

On an appeal under the Extradition Act 2003, the prescribed time for serving a notice of appeal is mandatory and cannot be extended. Failure to serve within…

A contra mundum injunction may be granted to protect Convention rights, including an adult’s rights under Article 8, whenever it is necessary and…

Aggravated damages compensate for the additional injury to the claimant’s feelings caused by the defendant’s conduct. The relevant focus is the claimant’s…

In assessing damages for mesothelioma, the court may award substantial general damages reflecting severe pain, treatment and reduced life expectancy.…

Claims alleging conspiracy, misfeasance in public office and related wrongdoing may be struck out or summarily dismissed where the pleaded case has no real…

Strike-out is appropriate only in a plain case where the pleaded facts, even if proved, disclose no legally recognisable defence. It is generally inappropriate…

Publications made in the course of a complaint to a professional disciplinary body, and in the body’s resulting proceedings, attract absolute privilege. The…

On an interim application concerning confidential police material in a libel action, complex questions about fair-trial rights, freedom of expression…

Where parties continue a commercial contractual relationship after an earlier agreement expires, the court determines objectively which existing terms were…

Damages for breach of contract must be assessed by making the best evaluation possible of probable loss, while remaining anchored to the evidence. An…

On an application to continue an interim privacy injunction, the court must assess whether the applicant is likely to establish at trial that publication…

Whether a non-funded party suffers financial hardship under the Community Legal Service (Cost Protection) Regulations 2000 is a question of fact and degree.…

Permission to serve proceedings on a foreign defendant requires a serious issue to be tried, a good arguable case within an applicable jurisdictional gateway…

Contempt of court requires proof, to the criminal standard, that a statement was false, that the maker knew it was false, and that, when made, it was likely to…

On an application under CPR Part 11 to set aside permission to serve proceedings out of the jurisdiction, the court must determine whether the claim passes the…

Costs cannot be recovered from the Legal Services Commission except through the statutory scheme governing publicly funded proceedings. That scheme requires…

For limitation purposes under Limitation Act 1980, a claimant need not know the precise extent or true cause of damage, or possess sufficient detail to plead a…

A statutory decision-maker who may reject a specialist tribunal’s parole recommendation must use a fair procedure and reach a rational decision. Where an oral…

A communication initiating an investigation by a professional disciplinary body recognised by law attracts absolute privilege where it is germane to that…

For malicious prosecution, the prosecutor must have both an honest belief in the existence of reasonable and probable cause and reasonable and probable cause…

A defence to a libel claim must disclose a properly particularised and legally sustainable ground for defending the claim. General denials, assertions that…

A discretionary bonus does not require agreement between employer and employee before it becomes payable. The employer must determine the amount and…

On an application for a ruling on meaning, the court asks whether words are capable of bearing the pleaded defamatory meaning; the ultimate meaning is for…

Contractual construction is objective. The court considers the words used against the relevant background, including the commercial purpose, genesis and…

Under article 14 of the Solicitors’ (Non-Contentious Business) Remuneration Order 1994, a solicitor who has complied with the prescribed notice requirements…

A Norwich Pharmacal order may be granted where the applicant shows an arguable case of wrongdoing, a genuine intention to seek lawful redress, necessity for…

For an arrest under Police and Criminal Evidence Act 1984 section 24, the arresting officer must have reasonable grounds for believing that arrest is…

On a summary judgment application in a libel claim, the court must assess whether the claimant has a real prospect of success without conducting a mini-trial.…

In a defamation claim arising from scientific criticism, a publication may reflect adversely on a professional person's skill, judgment or competence even…

A solicitor’s duty is measured by the ordinary standard of care applicable to the work undertaken. A limited retainer or fixed fee does not ordinarily reduce…

A legal expenses insurer must generally indemnify the reasonable and necessary fees of the lawyer chosen by the insured once proceedings make legal…

An alleged oral agreement, collateral warranty or representation may qualify a written guarantee only if proved on the evidence. The existence of a formal…

A person who permits activity on an employer’s land must act within the scope of actual or ostensible authority. Permission to carry out limited beneficial…

In an application to restrain disciplinary or capability proceedings under a contract of employment, the court may grant an injunction where there has been no…

Where claimants obtain an urgent injunction against persons unknown, they must comply promptly with undertakings to issue and serve the claim forms and keep…

A contractual dispute-resolution clause cannot be enforced to halt or preclude Employment Tribunal proceedings concerning statutory discrimination or…

For jurisdiction agreements under Article 23 of the Judgments Regulation, consensus must be demonstrated clearly and precisely. The applicable standard is a…

Permission to appeal should be refused where the proposed grounds disclose no realistic prospect of success and no other reason justifies an appeal. A finding…

A claim concerning educational services is justiciable where it alleges negligent teaching or inadequate guidance, rather than inviting the court to re-mark…

A contractual right to choose parking time limits, subject to consultation, must be exercised in good faith and consistently with the agreement’s commercial…

In determining whether possession and injunctive relief would disproportionately restrict Articles 10 and 11 rights, the court must assess the present facts…

In a civil claim alleging that compensation was obtained by fraud, the party making the allegation bears the burden of proof. The applicable standard remains…

On an application to discharge or vary interim orders supporting arbitration, the court should preserve the position pending arbitration and avoid determining…

An affiliated unincorporated association’s constitution governed the conduct of its executive elections. Where the executive committee had approved the…

In privacy proceedings, an interim anonymity or reporting restriction may protect against jigsaw identification. The court must balance Article 8 privacy…

Interim injunctions in defamation proceedings are rare, but may be granted where there is a prima facie case of libel, a continuing threat of publication…

When capacity is assessed retrospectively to determine whether a settlement may be set aside, the court examines the decisions actually required by the…

Section 39 of the Children and Young Person’s Act 1933 confers a fact-sensitive discretion to restrict publication identifying a child. The fact that a person…

Private nuisance by noise is assessed by reference to the locality and the effect of the interference on the ordinary use and enjoyment of land. Absolute noise…

Equal pay claims based on the statutory equality clause are contractual claims which may be brought in either the courts or an employment tribunal. Under Equal…

Under the Litigators’ Graduated Fee Scheme, where one litigator represents multiple defendants tried on a single indictment, the remuneration is calculated by…

A claimant seeking anonymity in reports of proceedings must use the correct procedural mechanism and identify a proper legal basis for relief. A court may…

A Norwich Pharmacal order is available only where the applicant shows a good arguable case of wrongdoing, involvement by the respondent, necessity in the…

In a civil claim alleging a fraudulent road traffic accident, the party alleging dishonesty bears the burden of proving it on the balance of probabilities. The…

The Montreal Convention establishes an exclusive regime governing claims for damages arising from international carriage by air. A passenger cannot circumvent…

A costs order in favour of a defendant may be enforced by setting it off against costs or damages awarded to a publicly funded claimant in the same…

In an insurance claim, fraud requires more than carelessness or gross negligence. The insurer must prove a false representation or fraudulent device, together…

A contractual promise to pay directorship fees is construed objectively, having regard to its commercial purpose. The promise covered appointments involving…

In a road traffic claim, a driver who exceeds a residential speed limit may bear primary liability where a reasonably prudent driver should anticipate that a…

A professional indemnity policy may exclude liability arising from dishonesty even where the insured solicitor claims to have believed that funds would later…

Defamation and malicious-falsehood claims issued outside the one-year limitation period may proceed only if the claimant has a real prospect of establishing…

In a negligence claim involving competing medical explanations, causation must be assessed globally on the balance of probabilities. The court should weigh the…

A continuing guarantee may be revoked orally where its terms permit unilateral revocation. The revocation must be clear and explicit. A request for release is…

An order for third-party disclosure under CPR 31.17 requires documents that may well support the applicant’s case or adversely affect another party’s case, and…

Defences of justification and fair comment in a libel action must identify clearly and coherently the defamatory meaning relied upon and the facts said to…

In a defamation action, a justification defence must plead primary facts capable of establishing the alleged meaning. Merely pleading that the claimant was…

A consolidated test claim may not be discontinued without the court’s permission where other claims have been joined to it. The court should control…

In a clinical negligence claim involving infant screening for congenital dislocation of the hip, a normal or negative screening manoeuvre does not exclude an…

A Norwich Pharmacal order requires an arguable wrong, a need for disclosure to enable proceedings against the alleged wrongdoer, and a respondent mixed up in…

In a late personal-injury claim arising from alleged childhood sexual abuse, the court must assess all the circumstances under section 33 of the Limitation Act…

For the purposes of CPR 45, a claim concludes at trial only when it concludes after the contested hearing has commenced, whether by settlement or judgment.…

A later agreement does not discharge existing contractual obligations merely because it refers to earlier agreements or records an arrangement for repayment…

A shareholder, director or bookkeeper of a company is not personally liable to third parties merely because of that office, knowledge of the company’s affairs…

Anonymity is a derogation from open justice and an interference with Article 10 rights. It should be ordered only where necessary, after considering whether a…

In assessing damages for uncertain future earnings, the court may value substantial chances of hypothetical events even where their probability is below 50%; a…

Anonymity and privacy orders require a careful balance between open justice, freedom of expression and the applicant’s rights to private and family life. An…

The jurisdiction to reopen summary judgment may exist where a fresh issue is raised as to how the first-instance judge was allegedly misled, even after an…

An ex-employee may be owed a duty of care by a former employer which provides damaging information about him to a third party, even where the communication is…

An occupier’s duty is to take such care as is reasonable in all the circumstances to ensure that visitors are reasonably safe. Compliance, or non-compliance…

In libel, a publication may contain several imputations, but each imputation must be assigned one single meaning. The court must identify the pleaded meaning…

A claimant alleging injury from inhalation of an unidentified substance must prove, on the balance of probabilities, an escape of a substance foreseeably…

At the interlocutory stage of a libel claim, a defendant could not obtain strike-out or summary judgment merely because the publication reported findings of a…

Solicitors may terminate a retainer for good reason and on reasonable notice. A client’s failure to pay part of the solicitors’ profit costs while an ordinary…

Part 5 of the Proceeds of Crime Act 2002 permits civil recovery proceedings even where criminal proceedings, cash-forfeiture proceedings or private civil…

On an appeal against refusal to set aside judgment in default, the defendant need only show a realistic prospect of establishing a defence. The proposed…

In malicious falsehood, the claimant must prove falsity, malicious publication and actual pecuniary damage, subject to section 3 of the Defamation Act 1952.…

Where negotiations are expressly or impliedly conducted subject to contract, no binding agreement arises until the agreed formalities are completed, unless the…

A promise to waive solicitors’ charges is not contractually binding merely because it may benefit the promisor. A variation requires offer, acceptance and…

Information acquired during employment is not protected after termination merely because it was confidential. Protection extends to specific trade secrets…

In assessing contributory negligence by an intoxicated pedestrian, the court must examine the claimant’s conduct rather than treating intoxication itself as…

In financial-services claims, the court assessing whether a client was properly classified as an intermediate customer asks whether the firm took reasonable…

The Brussels jurisdiction regime requires courts to minimise concurrent proceedings and applies autonomous concepts of seisin, cause of action and the object…

Defamation proceedings may be struck out as an abuse of process where the pleaded publication does not disclose a real and substantial tort or a tangible and…

The tort of misfeasance in public office requires deliberate unlawful conduct by a public officer, together with the requisite intention or subjective…

A local authority responsible for child protection owed no duty of care in negligence to a parent whose interests conflicted with those of the child being…

A solicitor instructed by an elderly client is not required routinely to obtain medical evidence of capacity. Further inquiries are required only where…

A freezing order requires a good arguable case, a real risk that a future judgment will remain unsatisfied, and a conclusion that relief is just and…

Relief from the time limit for appealing is discretionary. The court must consider all the circumstances, including promptness, the explanation for default…

Under regulation 47(7) of the Public Contracts Regulations 2006, the limitation date depends on the nature of the alleged infringement. A challenge may accrue…

Clinical negligence is assessed by reference to the facts known at the time, not hindsight. A clinician is negligent where the treatment falls below the…

An arrest is lawful where the arresting officer personally suspects that an offence has been committed and that the arrested person committed it, and has…

Interim protection for private information may be granted without notifying the respondent where notification presents a real risk of the threatened…

For the purposes of a freezing order, the qualifying condition under Proceeds of Crime Act 2002, section 317, requires a genuine suspicion that income arose…

In a libel action, a defence of truth fails where the defendant cannot prove the defamatory meaning substantially true on the facts existing when the alleged…

A medical professional’s practice is not negligent merely because another respectable practice could have been adopted. The court must assess whether the…

On an interim injunction application concerning proposed industrial action, the court must have regard to the likelihood that the union will establish…