High Court: Queen's Bench Division judgments, 2013

Post-termination restraints in an employment contract are enforceable only so far as reasonably necessary to protect a legitimate proprietary interest. In a…

The Legal Ombudsman may consider complaints relating to the amount charged for legal services, including whether fees are contractually due. Its jurisdiction…

Continuing parallel litigation may be an abuse of process where a claimant abandons earlier proceedings that offered substantially the same factual and…

A court may have jurisdiction to commit a director or officer for a company’s contempt even where the director is outside the jurisdiction. The power in CPR…

State immunity is not engaged merely because proceedings require factual consideration of foreign state conduct. It applies where the foreign state is…

Road users must anticipate the risk of motorcycles passing stationary or slow-moving traffic near junctions. A driver emerging to turn across that traffic…

In a clinical negligence claim, the claimant must prove both breach of the standard expected of a reasonably competent practitioner and causation. Compliance…

For jurisdiction under CPR 6.36 and Practice Direction 6B paragraph 3.1(9)(a), “damage” includes physical and economic harm, whether direct or indirect. The…

A second claim is not automatically an abuse of process merely because an earlier claim failed through late service. A strike-out requires conduct going beyond…

Where a publisher reports a police investigation into serious allegations, responsible journalism requires consideration for the subject once material…

Where clinical negligence accelerates the severe symptoms of a pre-existing disease, damages are assessed for the period of acceleration proved on the balance…

A defendant may obtain summary judgment in a defamation claim where the claimant has no realistic prospect of defeating an intimated defence and no compelling…

In a clinical-negligence claim, a doctor is not negligent merely because another clinician would have undertaken an additional examination. The applicable…

The court has a discretion to award interest on costs incurred before judgment, including costs paid to legal representatives before judgment. That discretion…

Disclosure is governed by the pleaded issues and proportionality. Standard disclosure requires a reasonable search for documents on which a party relies, which…

CPR 32.2(3) gives the court a broad case-management power to identify or limit factual issues, witnesses and witness statements. The power should ordinarily be…

Applications to rely on very late witness evidence and amend a defence require relief from sanctions under CPR 3.9(1) where the relevant deadline was imposed…

An anonymity order in approval proceedings is a derogation from open justice and must be justified by necessity, not merely by consent, distress or general…

A court should permit electronic disclosure without the disclosing party's intervention only where there is a paramount need to prevent a denial of justice.…

A statutory appeal under section 204 of the Housing Act 1996 may raise antecedent ultra vires issues arising from the original homelessness decision. Part VII…

Detention-centre staff owe detainees a duty to take reasonable care to prevent self-harm, assessed in the context of the centre’s statutory powers, operational…

A document disclosed in one set of proceedings may be used only for those proceedings unless an exception applies, and the restriction covers information…

A contractual term cannot be implied merely because it would be fair, reasonable or commercially desirable. The court must identify the objective meaning of…

Contempt of court must be proved beyond reasonable doubt. A freezing order must be construed according to its ordinary and sufficiently clear meaning…

An occupier’s general duty does not necessarily extend to protecting an adult of full capacity from an obvious risk which the claimant freely creates by his…

Indemnity costs require more than an unsuccessful claim or discontinuance. The court must identify conduct or circumstances taking the case out of the norm…

A discrepancy between a statement of truth and surveillance evidence does not automatically establish contempt of court. The court must determine, as a matter…

A judge is entitled to rely on an unequivocal undertaking offered by counsel on behalf of the solicitor said to have conduct of civil proceedings. The court…

Penalties for civil contempt must reflect the seriousness and culpability of the breach. Relevant considerations include prejudice, pressure, deliberateness…

Legal professional privilege may be lost through distinct mechanisms, including consent, subject-matter waiver, loss of confidentiality and equitable control…

Damages for physical damage caused by negligence are recoverable where the claimant proves that the expenditure was caused by the accident or represented…

When an interim order under Insolvency Act 1986, s 252 is in force, leave to continue execution remains a judicial discretion. The court should normally have…

For limitation purposes, a claimant need not know that professional advice was negligent. It is sufficient to know the material damage, the act or omission…

In a claim for unjust enrichment, dishonesty prevents reliance on the defence of change of position. Negligence, uncertainty, or an honestly held…

Restrictive covenants protecting a financial-services business may validly combine non-solicitation and non-dealing obligations where solicitation would be…

An extended civil restraint order may be made where a party has persistently issued claims or applications which are totally without merit. Persistence…

Part 18 does not permit a claimant to require disclosure of a defendant’s insurance arrangements merely because they may affect enforcement of judgment.…

A General Civil Restraint Order may be made where a litigant persistently issues claims or applications that are totally without merit, and an Extended Civil…

A default judgment on liability is conclusive as to the liability pleaded and established by the judgment. At a later assessment of damages, the defendant may…

A party’s subjective understanding of contractual rights does not determine whether documents were retained in breach of an agreement. The court construes and…

On an application to strike out or obtain summary judgment in a libel claim, the court may consider the pleaded meanings at their highest. If the claimant has…

A police force did not owe a duty of care in respect of psychiatric injury allegedly resulting from disclosure of a protected person's identity or delay in…

The appointment of a special advocate to assist with public interest immunity claims is an exceptional measure. It is justified only where the interests of…

A libel claim may be struck out where it is an abuse of process because it seeks to relitigate criminal convictions and can achieve no practical benefit. The…

Permission to adduce expert evidence should be granted where the evidence relates to a pleaded issue and is relevant to testing opposing expert evidence, even…

An employer may enforce garden leave during an employee’s notice period by injunction, but the injunction must be justified under the restraint of trade…

Under section 204(2A)(b) of the Housing Act 1986, permission to appeal out of time requires both a good reason for the original failure and a good reason for…

The court may declare that closed material applications may be made before disclosure and without a public interest immunity claim having been determined. The…

Material non-disclosure on a without-notice freezing-order application normally leads to discharge, although the court retains a sparingly exercised discretion…

Committal proceedings for breach of a court order, although brought by civil process, involve the determination of a criminal charge for the purposes of…

An alleged oral exclusivity term will not be incorporated into a written commercial agreement where the parties intended the written document to contain their…

Contractual language must first be given its natural and ordinary meaning. Commercial common sense and factual background cannot be used to override clear…

The benefit cap created by the Welfare Reform Act 2012 and regulations made under it was not manifestly without reasonable foundation. In a state-benefit case…

On an application concerning whether words were capable of bearing a defamatory meaning, the court had to consider the natural meaning of the publication and…

On applications for summary judgment and strike-out, the court must assess whether the claim has a real prospect of success and whether the pleading identifies…

In a clinical negligence claim, the claimant must prove both breach of duty and causation of loss on the balance of probabilities. Where compartment syndrome…

In construing a contractual time bar, the court must determine what the parties meant by the language used, considering the agreement as a whole and its…

At the permission-to-amend stage, the court applies the test governing whether the pleaded words are capable of bearing the alleged defamatory meanings. The…

Particulars of claim served after the time fixed by CPR 7.4(2) are out of time. The deemed-service rule in CPR 6.14 determines when service is deemed to occur…

An interim non-disclosure order will be granted only where the claimant is likely to establish at trial that publication should be restrained. The court must…

Under the Sale of Goods Act 1979, contractual terms governing when property passes are decisive where the parties have agreed that title is retained until…

Issue estoppel may bar a later claim based on the same facts where an employment tribunal rejected an out-of-time discrimination claim after considering…

Damages for personal injury must place the claimant, so far as money can, in the position she would have occupied without the injury. Lost earnings are…

Under the Advocates’ Graduated Fee Scheme, an offence may fall within more than one fee class where the indictment legitimately covers alternative statutory…

A foreign claimant may establish a real and substantial tort in England where publication creates and damages a reputation, but an imminent or substantial…

Defamation proceedings may be dismissed as an abuse of process where publication and reputational impact in the jurisdiction are so limited that the litigation…

Relief from sanctions requires consideration of all the circumstances, including the need to conduct litigation efficiently and at proportionate cost and to…

Under section 32A of the Limitation Act 1980, the court may extend the limitation period for defamation where, having regard to all the circumstances, it is…

Orders restricting publication or anonymity are derogations from open justice and interference with the public’s Article 10 rights. They require close…

Where parties have freely agreed that the English courts may determine disputes, the contractual choice carries substantial weight. A stay on forum non…

A local authority’s decision to withdraw childcare subsidies will be lawful where consultation is undertaken while the proposal remains capable of change…

An application to strike out for abuse of process requires seriously improper conduct and a substantial risk that a fair trial cannot take place. The…

Summary judgment is inappropriate where the evidence discloses a genuine factual dispute or a contractual and proprietary issue requiring proper investigation…

A referral notice under the adjudication scheme is not automatically invalid merely because supporting documents required by the scheme are supplied later. The…

A motorist who complies with the speed limit may nevertheless be negligent if the circumstances require a lower safe speed. Liability depends on whether the…

A company named incorrectly in a contract may nevertheless be identified by extrinsic evidence where the intended contracting party is clear. A director is not…

A CHAPS payment is completed when the receiving bank matches the specified account number and sort code, credits that account and sends an acknowledgment of…

Costs are governed by a broad discretion requiring consideration of all the circumstances. Relevant matters include the parties’ conduct before and during…

Police containment of demonstrators is lawful only where there is a reasonable apprehension of an imminent breach of the peace, the measure is necessary, and…

Consumer credit agreements must contain the prescribed terms required by the Consumer Credit Act 1974 regime. A fixed interest sum payable on an earlier…

Permission to serve proceedings out of the jurisdiction requires a serious issue to be tried, a good arguable case that the court has jurisdiction, and England…

On an application to amend after expiry of the limitation period, a new claim may be added where Limitation Act 1980, section 32 postpones the limitation…

Permission to amend a claim should be refused where the proposed case has no reasonable prospect of success. A claimant’s innocence does not establish that an…

A judge may amend or reverse a decision before the resulting order is drawn up and sealed. The power is governed by the overriding objective and is not…

Harassment under the Protection from Harassment Act 1997 requires more than conduct which causes distress. The claimant must establish a targeted course of…

A person who lends or supplies potentially dangerous leisure equipment in a social setting does not automatically owe a duty to protect adult users against…

On an application to strike out a libel meaning under CPR paragraph 4.1 of Practice Direction 53, the court must assess the natural and ordinary meaning of the…

Negligence is assessed by asking whether a reasonable person in the defendant’s position would have contemplated a sufficient probability of injury. On a…

Relief from sanctions under the revised CPR 3.9 requires the court to consider all the circumstances, with particular emphasis on efficient litigation at…

Failure to grant immigration leave after a successful Strasbourg judgment does not, without more, amount to conspicuous unfairness or an abuse of power. The…

The discretion under section 33 of the Limitation Act 1980 is fact-sensitive and must be exercised fairly, having regard to all the circumstances. The effect…

An employer must maintain work equipment in an efficient state, efficient working order and good repair. That obligation is absolute. A defective cot therefore…

In a libel claim, summary judgment or strike-out may be appropriate where the claimant has no realistic prospect of obtaining meaningful relief and no…

A defence of truth in libel requires proof that the defamatory sting is substantially true. The court must assess the substance of the allegation, allowing for…

Deliberate concealment may arise through active misrepresentation and sustained non-disclosure of a fact relevant to the claimant’s right of action. Under…

Defamation proceedings by trading companies should be struck out as an abuse of process only where they serve no legitimate purpose. The relevant question is…

Fire and rescue authorities owe employees a common-law duty to take reasonable care for their safety. That duty is not excluded by a general fireground or…

A contractual costs-protection agreement may arise from solicitors’ correspondence, but its scope depends on the correspondence as a whole and the parties’…

Article 14 may apply where a generally applicable social-security rule has markedly disparate effects on disabled persons, even though the disadvantaged class…

Sections 107 and 108 of the Sexual Offences Act 2003 confer sufficiently broad powers to impose SOPO prohibitions requiring compliance with location-monitoring…

An election may be avoided where the successful candidate, personally or through agents, is proved beyond reasonable doubt to have committed corrupt or illegal…

In a clinical negligence claim, proof of earlier shortcomings by a general practitioner does not, without more, establish that a particular medical record was…

For summary judgment, a defendant has no real prospect of defending contractual liability where the contract imposes an absolute obligation to provide safe…

For service of possession or forfeiture proceedings, a person may have more than one residence. Whether an address is the person’s usual or last known…

An appeal is limited to reviewing the lower court’s decision unless a rehearing is required in the interests of justice. Fresh evidence is generally excluded.…

Third-party disclosure under CPR 31.17 requires the documents to be likely to support the applicant’s case or adversely affect another party’s case, disclosure…

In a libel claim, meaning must be assessed by reading the publication as a whole, including its headline and related text. A claimant cannot isolate a headline…

For honest opinion, the factual basis of the comment must be true or privileged, and the comment must be recognisable as comment. It must also be capable of…

For summary judgment purposes, a contractual promise to achieve a specified result may amount to a warranty that performance is possible. Common mistake cannot…

Meaning is determined from the article as a whole, viewed through the eyes of the reasonable reader. A report that a person is under investigation does not…

Documentary credits are autonomous undertakings, and payment depends on documents complying with the credit. A discrepancy in a beneficiary’s name is material…

Where an effective ADR scheme has already provided, or remains available to provide, full redress for the substance of a civil claim, the court may strike out…

For service out of the jurisdiction in a tort claim, consequential financial loss sustained in England may constitute damage sustained within the jurisdiction…

For the purposes of Regulation EC 44/2001, a company has its central administration where the company itself carries out its internal management and…

An extended civil restraint order may be made only where a litigant has persistently issued claims or made applications which are totally without merit. Once…

A non-party costs order is governed by section 51 of the Senior Courts Act 1981 and the costs discretion in CPR 44. Once a person has been joined for costs…

A binding settlement may arise from correspondence even though the parties intend to record it later in a formal agreement. The question is objective and…

A contract may give one party power to determine matters affecting the parties’ rights, including the allocation of a loss, without offending public policy.…

Permission to bring committal proceedings for a false statement requires an arguable case that the statement was false, that its maker lacked an honest belief…

The Criminal Justice Act 1987 does not impose an absolute bar preventing the Serious Fraud Office from disclosing, pursuant to a court order in civil…

Immigration officers must remain within the purpose and scope of a premises search warrant. A warrant authorising a search for named persons does not permit a…

Summary dismissal for gross misconduct is justified only where the employee’s conduct amounts to a repudiatory breach of an essential contractual obligation. A…

The court may order delivery up of identified property, but the power does not extend to a general investigation of disputed ownership. An order requiring…

A claim may be struck out where the claimant’s conduct of the litigation is seriously improper and the claim has no realistic prospect of success. Deliberate…

An applicant who is ordered to lodge a transcript within a specified period must comply or seek an extension within that period. Failure to do so may cause a…

In assessing damages for severe traumatic brain injury, the court must evaluate the whole evidential picture. Repeatedly unreliable symptom-validity testing…

The test for apparent bias is whether, after considering all relevant circumstances, a fair-minded and informed observer would conclude that there was a real…

A civil claim is an abuse of process where it seeks to re-litigate allegations that were fully raised and rejected in earlier criminal proceedings…

An abort-fee clause is construed objectively and in its commercial context. A party’s contractual power to decide whether a transaction should proceed is…

For a claim under the Human Rights Act 1998 concerning failure to protect an individual from criminal acts by a third party, pleading Article 8 does not avoid…

A driver turning into a road has a continuing duty to keep a proper lookout towards the road ahead and its potential hazards. The duty is judged objectively…

A claim of public interest immunity over Serious Case Review individual management reviews and information reports requires a balance between the public…

An interim non-disclosure injunction should be accompanied by active case management directed towards a trial or other final determination. The court should…

On an application for security for costs, the court may consider the claimant’s prospects of success, but should not examine the merits in detail unless a high…

A person’s capacity to conduct litigation or manage property and affairs is decision-specific and must be assessed by applying the statutory test to the…

Interim restraint of post-termination competition requires an arguable case that the covenant protects a legitimate business interest and extends no further…

Salary deductions for strike action depend on the true construction of the particular employment contract. The default rule in section 2 of the Apportionment…

A claimant who obtains a judgment at least as advantageous as a valid Part 36 offer is ordinarily entitled to the prescribed benefits, including indemnity…

For limitation under Limitation Act 1980 section 14A, the claimant must plead and prove when it first acquired the required knowledge. The court assesses the…

A declaration that conduct was unlawful on public law grounds does not necessarily determine private law tort liability. An order quashing a warrant may…

In a mesothelioma claim involving alleged low-level bystander exposure, the claimant must prove exposure and causation within the ordinary framework of the…

On an application to amend a defamation claim, the court must refuse an amendment where the pleaded words are incapable of bearing the alleged defamatory…

An account stated may be either a mere acknowledgment of debt, which is evidential only, or an accord and satisfaction supported by consideration and giving…

Where parties have agreed an exclusive foreign jurisdiction clause, the English court will ordinarily enforce it. The party seeking to litigate in England…

A lease-purchase agreement is construed objectively, by reference to its language and the relevant background, while excluding subjective intentions and prior…

Indemnity costs may be ordered where a party’s conduct takes the litigation out of the norm and is unreasonable to a high degree. That may include seeking…

An employee’s contractual disciplinary appeal, conferred solely for the employee’s benefit, does not carry an implied power to increase the sanction imposed at…

A generalist accountant’s duty depends on the retainer and the circumstances known or reasonably foreseeable. A course of dealing may extend the retainer…

In libel, meaning is determined by applying the reasonable-reader test to the publication as a whole. The publisher’s intention is irrelevant. In malicious…

In a defamation meaning application, the court must determine the single meaning conveyed to the ordinary reasonable viewer or reader, reading the publication…

When considering an exclusion from a property freezing order to meet legal expenses, the court must limit any exclusion to reasonable expenses reasonably…

Variation of an injunction regulating protest requires a significant change of circumstances and a fresh balance between the competing rights of the parties…

The natural and ordinary meaning of a publication is determined through the eyes of a reasonable representative of its actual readership, considering the…

An official accident investigation report is admissible in civil proceedings where it contains relevant factual, hearsay and expert opinion evidence and no…

Contempt of court must be proved to the criminal standard, and the applicant is confined to the breaches pleaded in the application notice and supporting…

A solicitor holding mortgage-advance money on trust must retain it until genuine completion or return it as directed by the lender. Releasing the money against…

A costs direction may be revoked under CPR 3.1(7) where it was made on the basis of a material misunderstanding and the court would not have made it had the…

In motor-sport negligence claims, the standard of care is assessed by the Bolam approach, applied to reasonably competent organisers and occupiers. The…

On an appeal from a decision refusing summary judgment, the court may determine a short point of law where the evidence is sufficient, but must assess the…

Summary relief in defamation may be granted where the evidence shows that the defendant has no real or realistic prospect of defending the claim and there is…

A wasted costs order may be made against solicitors who conduct proceedings for a bankrupt without first obtaining the trustee in bankruptcy’s consent where…

Section 168 of the Commonhold and Leasehold Reform Act 2002 does not itself confer jurisdiction on a county court to determine a lease breach solely to enable…

The court has inherent jurisdiction to approve a settlement where there is doubt about a claimant’s capacity, even though neither party alleges incapacity and…

In an application for interim protection of private information and against harassment, the court may continue an order where the claimant is more likely than…

In civil recovery proceedings, the claimant must prove on the balance of probabilities both unlawful conduct and that the property was obtained by or in return…

A bank which lends money for a project does not ordinarily assume responsibility for the project. Clear evidence is required before obligations outside the…

A constructive dismissal requires conduct which, viewed objectively and in context, clearly shows an intention to abandon and altogether refuse performance of…

A garden-leave provision may apply during notice even where the employee performs some duties. However, a separate covenant deducting time spent on garden…

Where evidence is likely to be of considerable significance to the trial, the court may permit a party to cross-examine the witness on the contents of a…

The threshold for leave under section 139(2) of the Mental Health Act 1983 is low: an arguable claim deserving investigation should proceed to trial. The court…

On an application to vary an injunction restraining residential occupation in breach of planning control, the court must balance planning considerations, the…

For the tort gateway permitting service outside the jurisdiction, “damage sustained within the jurisdiction” includes any physical or economic harm flowing…

An employer exercising a contractual power to withdraw an employee from an overseas post must provide fair treatment. This ordinarily requires disclosure of…

Under Civil Procedure Rules 1998 CPR 44.3(6)(g), the court has discretion to award pre-judgment interest on costs and disbursements. The appropriate rate is…

A consent order for provisional damages must be construed according to its terms. A time limit for applying for further damages does not necessarily create an…

For limitation purposes, constructive knowledge of attributability arises when a reasonable person in the claimant’s position would have sought expert advice…

Permission to amend a pleading should generally be granted where the real dispute can thereby be tried, provided any prejudice can be compensated in costs and…

In a libel action, the court may order a preliminary trial of the actual meaning of words where doing so furthers the overriding objective. The court…

A corporate claimant must plead a reputation capable of being injured by the publication. In a publication to a small number of individuals, that requirement…

Strike-out is appropriate only where a defence has no real prospect of success; a weak defence is not enough. A defendant relying on section 1 of the…

A costs judge’s assessment will rarely be overturned on appeal, particularly where proportionality involves an experienced judge’s evaluative judgment. An…

A person is contractually liable as principal where the evidence establishes that an intermediary entered into contracts of carriage with the carrier as that…

An interim injunction requires evidence establishing a serious question to be tried concerning the claimant’s asserted rights in the property to be restrained.…

An appeal from a detailed costs assessment is by way of review, not rehearing. The appellant must show an error of principle or that the decision was plainly…

Fraudulent misrepresentations inducing investment entitle the representee to rescission, subject to the ordinary rules governing affirmation and lapse of time.…

Where a tax covenant contains its own notice provision and gives it precedence over conflicting provisions in the sale agreement, the covenant’s notice regime…

In a defamation claim, publication may be an abuse of process where the claimant cannot show a real and substantial tort and the proceedings would achieve no…

Fresh evidence must be relevant to an issue that was decided or is properly raised on appeal. Evidence showing that Ofgem had no record of the company as owner…

A registered society has a legal personality distinct from its members and officers. Those individuals are not personally liable for acts of the society unless…

A defamation claim is a personal action and abates on the claimant’s death. Where the claimant dies after argument but before judgment, the court has no power…

In medical negligence claims, compliance with a responsible body of professional opinion does not automatically determine the standard of care. The court must…

A contractual power to terminate care contracts in response to an immediate and significant risk must be exercised reasonably in all the circumstances. The…

When deciding whether to release a contemnor who has been imprisoned for breaching an injunction, the court must balance the punitive purpose of committal…

Permission to bring contempt proceedings requires a strong prima facie case that the statement was false, that the maker knew it to be false or was reckless as…

An interim injunction restraining allegedly defamatory statements in employment tribunal proceedings will rarely be granted. The court must not interfere with…

In contempt proceedings arising from breaches of an injunction, the applicant must prove each breach to the criminal standard. An order which has not been set…

The tort of misfeasance in public office requires bad faith, unlawful conduct, causation and special damage. Targeted malice involves an improper purpose…

A mortgage broker advising on an unregulated product owes a tortious duty to exercise the reasonable care and skill expected of a competent provider. That duty…

When granting an injunction under section 187B of the Town and Country Planning Act 1990, the court must consider whether the relief is proportionate and must…

Where a litigant’s capacity to conduct proceedings is questioned, capacity must be assessed in relation to the particular proceedings and at the relevant time.…

In assessing interest on a US dollar damages award, the court should seek a rate that fairly compensates for the claimant’s loss of use of the money. In the…

On an application to vary an existing injunction, the court cannot simply reconsider the original injunction application from the beginning. A proportionality…

A successful claimant in defamation is normally entitled to a permanent injunction. False allegations attract no public interest in republication. The court…

An occupier who supervises a party may assume responsibility for the safety of guests and owe them a duty to take reasonable care. The duty generally requires…

On an appeal concerning detailed assessment, the question whether it was reasonable to instruct solicitors in a particular location must be assessed…

Claims must disclose a coherent and comprehensible case against each defendant. Where they do not, striking out is appropriate and permission to appeal may be…

The constitution of an unincorporated association is a contract between its members. It should be interpreted reasonably, broadly and in the light of the…

An order made by a court remains valid and must be obeyed unless and until it is set aside or altered. A later judicial restatement of the law does not…

Interim relief restraining the use, publication or communication of private and confidential information may be continued where the evidence establishes the…

An allegation of malice defeating qualified privilege is an allegation of dishonesty. It requires particulars showing matters more consistent with malice than…

A secure tenant who has ceased to occupy public-sector accommodation as her only or principal home may validly surrender or lose the tenancy, even where family…

In a libel claim arising from a public authority’s response to online criticism, the court held that persistent unsupported allegations of corruption, perjury…

Although costs generally follow the event, a successful claimant may receive a reduced costs award where a distinct issue has failed and its pursuit caused…

Damages for harassment and misuse of private information arising from the same publications should not be assessed separately and then added together where the…

In an asbestos-related mesothelioma claim, breach of the common-law duty of care turns on the foreseeable risk created by the claimant’s actual exposure…

Consumer contracts must first be construed by ordinary principles, including consideration of relevant background and commercial common sense. The…

On an interlocutory application in defamation proceedings, the court must assess whether the words are capable of bearing the pleaded meanings and whether…

Employers must address the risks of work at height through proper planning, competent supervision, suitable training, site-specific risk assessment and an…

Exceptional circumstances are required before a voluntary Bill of Indictment is permitted after a Crown Court judge has dismissed charges. The Crown bears the…

For limitation purposes, knowledge requires more than a general suspicion that medical treatment caused injury. The claimant must know enough about the…

In a personal injury claim, a claimant must prove the alleged injury and its causal connection with later symptoms on the balance of probabilities. The court…

Orders made without a hearing take effect when made, although the court may revisit them before sealing where justice requires. The same broad…

To restore a claim struck out for non-attendance at trial under rule 39.3, the applicant must satisfy three cumulative requirements: promptness, a good reason…

An application for permission to commence contempt proceedings requires a strong prima facie case that contempt occurred and a showing that proceeding would be…

Fraud may be established on the balance of probabilities by compelling circumstantial evidence. The seriousness or inherent improbability of the allegation…

A clinician assessing a rare disorder is judged prospectively by the standard of a responsible specialist practising in the relevant clinical setting. Later…

Contractual meaning is determined from the wording of the agreement read as a whole and in its relevant context. Commercial reasonableness and business common…

Where a periodical payments order depends on statistical earnings data, the court may amend the order when methodological or classification changes prevent the…

In a clinical negligence claim, a claimant must prove on the balance of probabilities that the breach caused, or materially contributed to, a measurable loss.…

A public authority’s statutory power to advise does not ordinarily create a common-law duty to advise individuals about private economic risks. A duty may…

A driver owes a duty of care to persons in the neighbourhood of the vehicle, even where the driver has not seen or anticipated the particular person. Exceeding…

Relief from an automatic strike-out sanction should be granted where a payment was made shortly after the deadline, the default was not intentional, the…

A public authority’s failure to confer a benefit by omitting to perform a statutory duty or exercise a statutory power does not, without more, create a…

A risk assessment for a competitive physical activity must identify all reasonably foreseeable methods by which participants may attempt to perform it. The…

For the purposes of Hire Purchase Act 1964, “dispose of” is confined to the specified forms of disposition, including a sale or contract of sale in which the…

A worldwide freezing order may be granted where the claimant has a good arguable case, the defendant has assets within or outside the jurisdiction, and there…

An application under section 187B of the Town and Country Planning Act 1990 engages an original, discretionary jurisdiction. The court must decide whether an…

Committal proceedings primarily serve to secure future compliance with undertakings given to the court. Where breaches are intentional and sufficiently…

A person who gives an undertaking to the court must obey it unless and until it is discharged or varied. In committal proceedings, the claimant must prove, to…

Where a case is listed for trial before a plea and case management hearing, but that hearing is fixed to take place, discontinuance at or before the hearing…

The statutory power to search premises after an arrest does not depend on the arrested person being considered dangerous. It requires a lawful arrest away from…

An appeal from a costs judge is not a rehearing. The appellate court asks whether the decision was wrong and, in a case-management decision, whether it fell…

An operator of an adventure activity must take reasonable precautions against identified risks, having regard to the circumstances and the standard of care…

On an interim injunction application, the court may restrain disclosure where the claimant is likely to establish at trial that publication would breach…

For transitional purposes under the Consumer Credit Act 2006 (Commencement No. 4 and Transitional Provisions) Order 2008, a variation of an existing…

A university has capacity to sue for libel. Public funding and statutory regulation do not make it a governmental body to which the rule in Derbyshire County…

A contracting authority may abandon a competitive procurement without awarding a contract where the bids do not offer value for money, provided it acts…

Permission to appeal out of time may be granted where the proposed appeal has a real prospect of success and the interests of the administration of justice…

In determining the meaning of words complained of in libel, the court must read the words as a whole and approximate the perspective of the hypothetical…

Libel damages are compensatory, not punitive. The court may nevertheless take aggravating conduct into account when selecting a sum within the appropriate…

Defamation proceedings may be struck out where the pleaded meaning is incapable of being conveyed by the publications, the publications were made on occasions…

A duty of honest performance may be implied into a commercial contract through ordinary principles of construction and implication. Its content depends on the…

An oral distributorship agreement may comprise general terms governing all orders, supplemented by later variations established through agreement or conduct. A…

An appellate court reviewing an abuse-of-process decision should not rehear the case. It should intervene only for an immaterial consideration, failure to…

The discretion to extend the one-year limitation period for defamation and malicious falsehood requires a balancing of the claimant’s benefit in pursuing the…

An order expressly binding third parties in a privacy claim should be made only where it is shown to be necessary and proportionate. A reasonable expectation…

Under Rome II, the applicable law governs substantive matters such as the heads and assessment of damage. The law of the forum governs evidence and procedure.…

A settlement is binding where the parties’ communications, assessed objectively, show an intention to create legal relations and agreement on the terms…

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

Costs incurred in preparing witness statements, or parts of statements, excluded as irrelevant or inadmissible should ordinarily be disallowed. Witness…

An injunction under Town and Country Planning Act 1990 s 187B engages an original and discretionary jurisdiction. The court must respect the planning…

A driver who encounters a pedestrian obstructing the road must take reasonable care before moving off. Where the pedestrian is stationary, apparently…

In a defamation claim, properly served defendants who acknowledge neither service nor the claim may be subject to default judgment under CPR Part 12. The…

Evidence of a general culture of racism is not relevant merely because it may show that racism existed at a prison. In a claim based on the acts of particular…

The Investigatory Powers Tribunal has exclusive jurisdiction over Human Rights Act claims against the police concerning conduct falling within Part II of the…

A bank may owe its customer a duty of care when supplying credit-reference information. In an appropriate case, that duty may extend to a spouse who is a joint…

The investigative duty under Articles 2 and 3 of the Convention requires an effective official investigation of arguable violations. Its form is…