High Court: Queen's Bench Division judgments, 2016

A successful party’s costs should reflect the overall outcome, not a mechanical count of causes of action. A proportionate reduction may be made for…

An application to lift a reporting restriction protecting a juvenile defendant requires a fact-sensitive balance between the strong public interest in open…

An accepted offer of amends under sections 2 to 4 of the Defamation Act 1996 may be set aside only in special circumstances. The court has a discretion to…

In a clinical negligence claim, a treatment choice is not negligent merely because another competent expert would have chosen differently. The relevant…

Under section 33 of the Limitation Act 1980, the court has a wide discretion to disapply the primary limitation period where it is equitable to allow a…

The discretion under section 33 of the Limitation Act 1980 is wide and unfettered, but the claimant bears the burden of showing that it is equitable to…

In historic abuse claims, the discretion under section 33 of the Limitation Act 1980 is wide and unfettered. The central question is whether, having regard to…

In historic child abuse claims, the discretion under section 33 of the Limitation Act 1980 is unfettered, but the claimant bears the burden of showing that it…

A statutory review of a planning appeal decision is confined to errors of law. The court does not reconsider planning judgment or the weight given to material…

In an obstetric negligence claim, breach of duty does not itself establish liability where the claimant cannot prove avoidable delay causing the injury. The…

A guarantee covering present and future liabilities may extend to advances made before its execution where the operative wording clearly includes existing…

The existence of a statutory framework does not automatically exclude a common law duty of care. The court must identify the statutory power and the precise…

In an acceleration case, the court must distinguish between establishing the cause of an actual past injury and estimating what would probably have happened in…

A claimant convicted of manslaughter by reason of diminished responsibility cannot reopen the criminal court’s findings about the mental prerequisites of…

An alleged informal partnership or profit-sharing agreement must be established by the evidence. Commercial cooperation, descriptions of the parties as…

An English court should generally assist a foreign court by giving effect to a letter of request, subject to protection against oppression. Where a witness can…

In a personal injury claim involving a pre-existing vulnerable spine, causation may be established where the evidence shows that an accident materially…

In a libel claim, substantial truth must be assessed against the defamatory imputation actually conveyed. Proof that a company was a persistent defaulter and…

In a clinical negligence claim, the occurrence of a serious surgical injury may raise a prima facie case and shift the evidential burden, but it does not…

Where a defendant’s breach makes a material contribution to an indivisible psychiatric injury, damages are not apportioned across the contributing causes. The…

Before ordering compensation to be transferred from the Court Funds Office into a personal injury trust operated by a paid litigation solicitor or an…

Under Part 1 of the Consumer Protection Act 1987, a product is defective only if, when supplied, its safety was below the level that persons generally were…

Claims concerning educational provision may be actionable where they allege negligent teaching methods or simple operational failures, but decisions involving…

In a personal injury claim, the claimant must prove the material facts of the accident on the balance of probabilities. The court may draw common-sense…

An estate agent who undertakes to provide property-purchase assistance owes the purchaser a contractual duty to exercise reasonable skill and care. A Spanish…

Section 21(7) of the Anti-Social Behaviour, Crime and Policing Act 2014 is a genuinely transitional provision. It does not require the court wholly to…

For publications after the commencement of the Defamation Act 2013, serious harm may be inferred from the inherent gravity of the allegations and the scale of…

The public-policy exception in section 2(1) of the Foreign Limitation Periods Act 1984 is exceptional. A foreign limitation rule should be displaced only where…

Vicarious liability for an employee’s assault depends on a broad, evaluative assessment of the employment entrusted to the employee and the connection between…

A vendor’s solicitor ordinarily owes no duty of care to a purchaser for pre-contractual representations made on behalf of the vendor. A standard-form…

For valuation of shares held by a wrongful-dismissal “Good Leaver”, the contractual valuation provision must be applied according to its wording. Market value…

An expert determination is binding where the parties have agreed that the expert will finally decide the dispute, including questions of law falling within the…

An indemnity costs order requires conduct or circumstances taking the case away from the norm. The weakness of a party’s position, including a point close to…

Permission to amend a statement of case to introduce human-rights claims may be refused where the proposed claims are inadequately pleaded, substantially out…

In a clinical negligence claim, a patient’s failure to question a hospital’s departure from an agreed treatment plan does not necessarily amount to…

Relief from the consequences of an Unless Order requires the default to have been cured, or compliance to be capable of being dispensed with without injustice.…

A claim entered in the name of a person who had already died is a nullity. A group litigation order does not make a person a party before the date on which…

A party has no automatic entitlement to cross-examine translators who verify translations of foreign-language witness statements. The Civil Procedure Rules…

A general civil restraint order may be extended where the court considers extension appropriate. The extension test differs from the threshold for making the…

A professional valuation is not negligent merely because another competent valuer would have reached a different figure. The court must first determine the…

A claim may be barred by issue estoppel where earlier proceedings were dismissed after the claimant withdrew them, even though the earlier tribunal did not…

Permission to bring contempt proceedings for false statements verified by a statement of truth requires a strong prima facie case that the statements were…

Anonymity for a witness may be ordered under CPR 39.2(4) only where non-disclosure is necessary to protect the witness’s interests. Where identification…

A claim arising from a search warrant is subject to the ordinary limitation rules from the date the cause of action accrues. A continuing investigation does…

For contribution claims under section 10 of the Limitation Act 1980, time runs from the agreement or determination of the final quantified sum payable in…

An informant may be liable for false imprisonment where a report to the police goes beyond providing information and, in substance, procures the arrest. The…

In a clinical-negligence claim, the defendant’s conduct must be judged by the professional standards prevailing when the treatment occurred, not by later…

A mountain-bike instructor must provide tuition with reasonable skill and care. On a beginners’ course, that includes assessing each participant’s ability…

Under section 3 of the Fatal Accidents Act 1976, a dependant cannot recover a free-standing loss-of-earnings claim. Recoverable loss must represent the…

Leave to bring a defamation claim outside the primary limitation period is exceptional. The court must decide whether it is equitable to permit the claim…

Interim injunctions restraining harassment and disclosure of private information may be granted without notice where there are compelling reasons and a real…

A claim in misfeasance in public office accrues when the relevant bad-faith conduct causes material damage. A claimant need not first obtain judicial review…

The court may determine an agreed application on the papers under CPR 23.8, but retains an independent discretion to require a hearing. Consent cannot by…

A quia timet injunction requires proof of a real and appreciable risk of a threatened wrong. For interim relief restricting publication, Human Rights Act 1998…

In a clinical negligence claim, the claimant must establish on the balance of probabilities that earlier treatment would have prevented the relevant injury or…

A horse owner’s duty when permitting a young person to ride must be assessed by reference to the owner’s actual or constructive knowledge of both the horse and…

In assessing compensation after an accepted offer of amends in defamation proceedings, the court must isolate the marginal harm caused by the defamatory words…

Expert evidence is admissible only where the subject matter involves a sufficiently organised or recognised body of knowledge or experience, and the evidence…

Third-party proceedings may be brought under article 8(2) of the Brussels Recast Regulation (EU 1215/2015) where the original and third-party proceedings are…

The limited weight ordinarily given to personal mitigation in professional disciplinary proceedings is not confined to dishonesty or lack of integrity. In…

A defamation claim must identify the precise words complained of, together with the defamatory meaning relied upon. A claimant must also satisfy the statutory…

Where costs have been found disproportionate under the pre-1 April 2013 regime, the court must assess challenged items by applying a necessity test. Necessity…

In a defamation claim, a defence must identify the allegations admitted, denied or requiring proof and give coherent facts supporting any affirmative defence.…

In a defamation claim, the meaning of words complained of is determined objectively by the single meaning conveyed to the ordinary reasonable viewer, taking…

Clinical negligence is assessed by reference to the standards of a reasonable body of clinicians in the circumstances known at the time. The later development…

Where claimants pursue contract claims against an agent and an undisclosed principal, and the claims cannot both succeed, the election between defendants must…

Restrictive covenants given by the seller of a business are assessed by construing the covenant, identifying the legitimate business interests requiring…

Permission to add a new cause of action after expiry of the limitation period depends first on whether it arises from the same or substantially the same facts…

In defamation claims, precise pleading and proof of the words published remain essential, especially in slander claims based on alleged conversations. A…

Permission to bring committal proceedings for false statements should be granted only where there is a strong prima facie case that the statement was false…

The court may vary a final judgment entered on admissions under CPR 3.1(7) only with regard to the principle that final orders should ordinarily be challenged…

A solicitor’s retainer is defined by the work agreed with the client, together with advice reasonably incidental to that work. A solicitor may also have to…

Section 2(2) of the Occupiers’ Liability Act 1957 requires consideration of whether the occupier took such care as was reasonable in all the circumstances to…

On an interim application for privacy protection, the court may grant an injunction against persons unknown where the defendants are described with sufficient…

Late amendments are governed by the overriding objective and the court’s duty to manage litigation proportionately. The fact that an amendment will not…

Applications for disclosure of protected air-accident investigation records require the High Court to balance the benefits of disclosure against its adverse…

In defamation proceedings, amendments adding further publications may be permitted where they arise from the same factual matrix or substantially similar facts…

Where a subject access request concerns mixed personal data, the data controller must balance the respective privacy rights of the data subjects. In the…

In an application for interim relief concerning restrictive covenants, the court may protect customer information where there is a serious question to be…

Where proceedings are stopped before trial because continuation would be disproportionate, costs do not automatically follow the party who obtained that order.…

A local authority may rationally approve a community library proposal without first identifying a minimum number of volunteers, provided the material before it…

A director may take genuine preparatory steps towards future competition, but the description “preparatory” is not determinative. Whether conduct breaches…

A financial adviser must exercise reasonable skill and care when recommending investments. The Bolam test applies to the standard of professional advice, but…

Summary judgment is appropriate where the defence has no realistic prospect of success, but the court must avoid a mini-trial. Factual assertions may be…

A statutory exclusion from bereavement damages does not directly engage Article 8 merely because it affects a bereaved person's relationship or finances. A…

On an application to serve proceedings out of the jurisdiction, the claimant must show a serious issue to be tried, a good arguable case that each claim falls…

A wasted costs order requires a three-stage inquiry: whether the legal representative acted improperly, unreasonably or negligently; whether that conduct…

The rules of an unincorporated association form a contract between its members. The court determines their proper meaning as a matter of law, and an internal…

An injunction directed to persons unknown should not be granted merely because an important public event may be disrupted by unauthorised encampments. The…

Acts and omissions of KFOR falling within its security remit were attributable to the United Nations where KFOR operated under the effective control of the UN…

When deciding whether to set aside a regularly obtained default judgment, the court must assess whether the defendant has a real prospect of successfully…

A default judgment on liability in a personal injury claim establishes that the defendant is liable for the accident and some resulting damage. It does not…

On a summary-judgment application, the claimant must show that the opposing party has no realistic prospect of success and that there is no other compelling…

An appellate court should not interfere with a Master’s case-management discretion unless the decision is plainly wrong or falls outside the generous ambit of…

In managing complex group litigation, the court may adopt a staged approach where the evidence about value, funding and prejudice remains incomplete. A claim…

In a civil claim alleging that an attempted murder was arranged by the defendant, the claimant bears the ordinary burden of proving the allegation on the…

Where agreed medical evidence treats a cumulative asbestos exposure level as a bright line for causation, the court should apply that threshold unless there is…

A defamation claim must plead the defamatory meaning said to arise from the publication. Failure to do so, after an opportunity to comply with an unless order…

When interpreting the rules of an unincorporated association, the court must begin with their natural and ordinary meaning in context. Where the wording is…

For service out of the jurisdiction, the claimant must show a much better argument that the claim falls within a jurisdictional gateway where jurisdiction and…

In determining defamatory meaning, the court applies the perspective of the ordinary reasonable reader to the publication as a whole. The reader is not naïve…

Under paragraph 24(b) of the Planning Policy for Traveller Sites, “alternative accommodation” means a site presently available to the applicant on which…

A defendant relying on section 4 of the Defamation Act 2013 must show that the statement concerned a matter of public interest and that the defendant…

The court may give effect to a foreign letter of request where the statutory jurisdictional conditions are met and the evidence is sought for instituted or…

A settlement with one concurrent tortfeasor does not ordinarily release another tortfeasor whose separate negligence contributed to the same damage. The court…

A contractual power of summary termination for a material breach of a statutory duty does not impose strict liability. “Material” means significant and…

Standard disclosure is directed to documents that may materially advance a party’s case or materially adversely affect another party’s case. It is not confined…

Recognition of a foreign judgment may be refused under Article 34(1) of Regulation (EC) 44/2001 where the foreign process was plainly and obviously contrary to…

In an action for slander, the claimant must prove the actual words spoken. Where the evidence does not establish what words were published, the court cannot…

The statutory duty to maintain a highway is absolute, but its application depends on the purpose and character of the relevant part of the highway. A grass…

A sentencing decision of a magistrates’ or youth court may be reviewed by judicial review only in exceptional circumstances. Intervention is justified where…

A defendant seeking a stay on forum non conveniens grounds must show that another available forum is clearly or distinctly more appropriate, particularly where…

A contractual indemnity is construed from its wording and context. Where it covers payment, satisfaction and discharge of liabilities, the cause of action…

The court may grant final injunctive relief and summary judgment against persons unknown where they can be identified by description with sufficient certainty…

Disclosure obligations in closed material proceedings depend on the context and all the circumstances. The enhanced disclosure required by AF (No.3) is…

A claim for damages for loss of a chance to compromise a costs claim is assessed by reference to the position when the contractual breach occurred and when the…

In clinical negligence claims, breach is assessed by the Bolam standard, subject to the logical-analysis qualification in Bolitho. The claimant bears the…

Where successive torts contribute to psychiatric injury and the separate effects cannot be identified with precision, the court may adopt a broad-brush…

A restraint of trade covenant may protect a producer’s legitimate interest in the reputation, profile and preparatory investment associated with a performer.…

Whether police services are chargeable as Special Police Services under section 25 of the Police Act 1996 is fact- and context-sensitive. Preventative policing…

Where negligence aggravates a claimant’s pre-existing needs, recoverable damages are confined to the additional needs caused by the negligence. The comparison…

On an application for an interim payment where judgment has been entered for damages to be assessed, the court must not order more than a reasonable proportion…

A solicitor’s conditional fee agreement is construed objectively, by reference to the agreement read as a whole and its factual and contractual context. A risk…

In construing a commercial contract, the court must identify the meaning a reasonable person would give the language in its documentary, factual and commercial…

Damages for unlawful immigration detention must be assessed globally and sensitively to the claimant’s actual harm. The court should avoid a mechanistic daily…

A broadly worded settlement agreement may release unknown claims where its language and context show that this was intended. The chronological order of related…

The discretion under section 33 of the Limitation Act 1980 is unfettered and must be exercised having regard to all the circumstances. In historic abuse…

Clinicians assessing severe lower-limb pain must consider vascular ischaemia, especially where the patient is a known arteriopath or otherwise at high risk of…

Reasonableness of changing from Legal Aid to a CFA is assessed objectively, but in the particular circumstances of the claimant. The court considers the…

When assessing a pharmacy relocation, “patient groups” under regulation 24(1)(a) of the National Health Service (Pharmaceutical and Local Pharmaceutical…

For the purposes of the Commercial Agents (Council Directive) Regulations 1993, sophisticated commercial software may constitute goods, even where it is…

For European choice-of-law purposes, whether an obligation is contractual is an autonomous question. A statutory obligation remains contractual where it…

On assessment of damages following a default judgment in libel, the court may grant the full range of summary remedies where the pleaded case and evidence…

Family members may have claims for misuse of private information and breach of data-protection duties where personal data is collected and disclosed under the…

A preliminary issue or split trial may be ordered where a focused issue has a realistic prospect of being decisive or potentially decisive. The court should…

When assessing an interim payment in a personal injury claim where a periodical payment order is likely, the court must assess the likely capital element of…

A county court is a statutory court and has no inherent jurisdiction to rescind its own final judgment for fraud. Section 23(g) of the County Courts Act 1984…

Articles 47.2 and 47.3 of the Judgments Regulation do not confer an automatic entitlement to a domestic freezing order. They permit protective measures, but…

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

For the purposes of CPR 36.17(4)(d), contractual interest awarded as part of the claimant’s entitlement forms part of the sum awarded by the court. It is…

Registration of a foreign worldwide freezing order under the Judgments Regulation does not make it fully effective and enforceable while an appeal against…

In joined claims, the successful party is identified by applying common sense to the real outcome. Receipt of money is a highly relevant indication of success…

Where a claimant makes a successful Part 36 offer concerning the costs of detailed assessment proceedings, the entitlement to indemnity costs is not displaced…

An employee’s duty of fidelity prohibits using confidential employer information to prepare a competing business while employment continues. Post-termination…

A solicitor assuming responsibility for managing a substantial settlement fund for unsophisticated overseas clients must make safe arrangements for receiving…

For a defence of truth under section 2 of the Defamation Act 2013, the defendant must prove the substantial truth of each material element of the defamatory…

The tort of misfeasance in public office requires deliberate conduct or omission beyond lawful power, knowledge or recklessness as to that lack of power, and…

Workers are entitled to contractual and statutory minimum agricultural wages, including applicable overtime, night-work and travel-time payments. Travel to the…

Informed consent requires a patient-centred discussion of material risks and reasonable alternatives. Materiality is fact-sensitive and depends on the…

On a periodic review of a tariff imposed on a person detained at Her Majesty’s Pleasure, reduction may be recommended where there is clear evidence of…

On a periodic tariff review for a detainee at Her Majesty’s Pleasure, a reduction may be recommended where there is clear evidence of exceptional and…

A bank is generally under no duty to provide advice about a proposed lending product. A duty may arise where advice is given, or exceptionally where the…

Restrictive covenants in an employment contract signed after employment has begun may be supported by consideration where the employer would otherwise have…

For statutory immunity to apply to industrial action, a union must comply strictly with the statutory ballot requirements. A prior communication may amount to…

Interim relief concerning industrial protest should identify the unlawful conduct said to be threatened, rather than prohibit a vaguely defined “picket”.…

Compensatory damages for libel must repair reputational injury, vindicate the claimant’s good name and compensate hurt feelings. Harm and onward dissemination…

For Article 23 of the Lugano Convention, a jurisdiction agreement must be clearly and precisely demonstrated, and the writing requirement exists to provide…

Deliberately taking photographs in court contrary to the Criminal Justice Act 1925, and deliberately publishing illegally taken images, may amount to criminal…

In costs proceedings involving several distinct claims, the court should identify the successful party separately on each substantial aspect before deciding…

For the purposes of Qualified One Way Costs Shifting, an appeal by a claimant concerning the outcome or procedure of a personal injury claim forms part of the…

Medical negligence requires proof of breach and causation. The standard is that of a reasonably competent practitioner acting prospectively, without hindsight.…

Where a claimant obtains the relief sought and invites the court to dismiss the claim, that is not discontinuance under CPR Part 38. The costs are at large…

In clinical negligence claims concerning cosmetic surgery, an unsatisfactory outcome or the need for revision surgery does not itself establish negligence. The…

Summary dismissal under a contractual gross-misconduct clause requires misconduct sufficiently serious to justify immediate dismissal when assessed objectively…

Amendment to add a new defamation cause of action after expiry of the limitation period is permitted only where the statutory and procedural conditions are…

A general practitioner must refer a patient with a prosthetic heart valve where there are reasonable grounds to suspect infective endocarditis. Mere…

A court is not obliged to determine hypothetical quantum after dismissing a claim on liability, even where the trial covered both liability and quantum. It may…

For a transaction to fall within Insolvency Act 1986, s 423, the transferor must have received no consideration or entered into the transaction at an…

Claims arising from a financial product purchased by a company belong to the company. Directors and shareholders who dealt with the bank as the company’s…

In a causation claim based on circumstantial and expert evidence, the court must assess the whole evidential picture and decide whether the claimant’s…

On the proper construction of a commercial agreement, wide words such as “all debts, liabilities and obligations whatsoever” may include contingent liabilities…

Where an MEP asks the European Parliament to defend parliamentary immunity, a national court must stay proceedings once it is formally informed by the…

A check-off provision in an employer’s salary policy may form part of an employment contract even where it appears on an intranet and is not expressly…

Immigration detention must be assessed both holistically and by close examination of the steps taken to maintain it. The Hardial Singh principles require…

Permission to rely on late surveillance evidence in a personal injury claim depends on the objective effect of its disclosure on trial fairness and case…

In a clinical negligence claim, the claimant must prove each necessary factual step on the balance of probabilities. Where liability depends on the size or…

Detention of children pending deportation must comply with the Secretary of State’s statutory powers, applicable policy and the Hardial Singh principles.…

The tort of misfeasance in public office requires an exercise of public power, unlawfulness, the requisite bad faith or mental state, and actual loss caused by…

An appeal from a professional disciplinary decision is a rehearing by way of review. The court may reach its own view on the evidence, but should respect the…

A written agreement is construed objectively. Where it records a named buyer’s agreement to purchase an additional item from a named public body, payment to…

The High Court may use its inherent jurisdiction to restrain abusive litigation in the Employment Tribunal, county court and High Court by a civil restraint…

In assessing damages for internet libel, the court must consider the scope of publication, the need for vindication, proportionality, aggravating conduct and…

In a divisible industrial disease claim, a claimant need prove that the defendant’s breach materially contributed to an actionable injury caused by the…

Under CPR 7.6(2), the court has a broad discretion to extend time for serving a claim form, but must carefully evaluate the reason for non-service and the…

Before trial, an interim non-disclosure order should be made only where the claimant is more likely than not to establish at trial that publication must be…

In clinical negligence claims concerning high-risk spinal surgery, proceeding without useful neurophysiological monitoring is not automatically negligent. The…

A Lockley set-off order may permit a defendant’s recoverable interlocutory costs to be set off against damages or costs payable to claimants. The extent of the…

Capacity is decision-specific and must be assessed at the relevant material time. A person may have capacity to conduct litigation but lack capacity to manage…

Under CPR Part IIIA, a trial advocacy fee is recoverable where a claim settles on the date fixed for trial, even if the final contested hearing has not begun.…

An employer repudiates a fixed-term employment contract where, viewed objectively, its conduct shows an intention no longer to perform the employee’s essential…

An occupier must take reasonable care to ensure that lawful visitors are reasonably safe in all the circumstances. Building Regulations, Approved Documents and…

An interim injunction requires a serious issue to be tried before the court considers the balance of convenience and adequacy of damages. A claim based on a…

On reviewing an unperfected costs order, the court may reconsider whether the order was unjust, but a party is not entitled to a second attempt merely because…

A claimant need not establish every allegation in order to succeed, but the court must assess the reliability of the evidence as a whole where substantial…

A corporate claimant must show that a publication referred to the company and conveyed a defamatory meaning about it. Harm caused by allegations concerning an…

In a clinical negligence claim, the hospital and clinicians must be judged by the standards reasonably applicable at the time of the events. A claimant must…

A contract for carriage arose when a replacement booking was confirmed on the airline’s reservation system. The issue of a ticket was not decisive. Once…

For an interim injunction in a claim that a trade union induced breaches of employment contracts, the claimant must show a good arguable case that the…

Loss of profits following breach of contract must be assessed by making the best reasonable evaluation of what would probably have happened, taking all…

In Mercantile Court proceedings, failure to comply with requirements concerning a response pack or an indication that particulars of claim will follow does not…

QOCS applies only where the proceedings include a claim for damages for personal injuries. A statutory claim for compensation under regulation 13 of the Motor…

In a slander claim, the claimant must prove the actual words spoken and, where they were spoken in a foreign language, the words and their English translation.…

Costs are assessed on the standard basis unless the case or conduct takes it outside the norm. An unsuccessful claimant need not pay a third party’s costs…

Misfeasance in public office requires bad faith. It is established either by an intention specifically to injure the claimant, or by knowledge of, or reckless…

A hospital ordinarily owes no duty of care to relatives who are not its patients for injury said to result from an omission in diagnosing or treating another…

A costs order against a public prosecutor under section 19 of the Prosecution of Offences Act 1985 requires more than an unsuccessful prosecution or a finding…

The doctrine of abuse of process applies to collateral challenges arising from closed-material proceedings. The court must make a broad, merits-based…

Breaches of a High Court injunction restraining car cruising may justify an immediate custodial sentence where the conduct creates serious risks of public…

A contingency fee agreement for non-contentious business may lawfully provide for remuneration by a percentage of compensation. Its proper construction depends…

Where a solicitor’s retainer reserves a right to revisit a fixed fee if stated assumptions cease to apply, that right does not automatically convert the…

Whether information concerns a person’s professional role does not determine the privacy question. The court must assess objectively, in all the circumstances…

A driver reversing in a car park is not negligent merely because the vehicle is travelling at a moderate speed. The essential obligation is to keep a proper…

In a libel claim, matters relevant to serious harm to reputation must be distinguished from matters relevant only to damages for injury to feelings. A pleading…

A data controller claiming an exemption from subject access rights must justify it by convincing evidence and cannot rely on generalised or blanket assertions.…

A solicitor advising on employment termination must identify and obtain contractual documents expressly incorporated into the employment terms. Failure to…

For pre-action disclosure, the court must first determine whether the anticipated dispute is subject to an effective arbitration agreement. Contractual terms…

A contractual power to suspend a member of an unincorporated association must be exercised fairly. The association must undertake the investigation required by…

An interim injunction enforcing an employment restrictive covenant requires a serious question to be tried as to enforceability. The court should construe the…

Under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, the Motor Insurers’ Bureau’s…

Under CPR 25.13, residence outside the jurisdiction does not by itself justify security for costs. The discretion must be exercised on objectively justified…

An election petition may establish that candidates were not duly elected where mandatory nomination requirements are breached. A returning officer’s decision…

Whether a limitation issue should be tried preliminarily depends on the overriding objective and the particular litigation. Relevant considerations include its…

In assessing damages for historic sexual abuse, the court must distinguish the abuse itself from its later consequences. Both the physical abuse and…

In a clinical negligence claim, the standard is that of a reasonably competent practitioner carrying out the relevant functions at the time in question. A…

Interim injunctive relief requires a serious issue to be tried, damages to be inadequate, and the balance of convenience to favour relief. A restrictive…

A local authority is not automatically immune from a negligence claim by a child because the alleged harm arose while it was exercising statutory functions.…

A minister may seek an urgent interim declaration concerning the lawfulness of industrial action where there is a real legal dispute and determination is…

Activities carried out on premises by third parties may fall within the occupier’s liability under the Occupiers’ Liability Act 1957, including where a…

A freezing order is personal relief against a respondent and is not proprietary relief. It should not be used to obtain security over assets or to freeze all…

Under section 33 of the Limitation Act 1980, the court must decide whether it is fair and just, having regard to all the circumstances, to allow a…

Where a claimant accepts a Part 36 offer after the relevant period has expired, the usual costs order should be departed from only where enforcing it would be…

The Henderson principle requires a broad, merits-based assessment of whether later proceedings amount to an abuse of process. The fact that a claim could have…

In a mesothelioma claim, the claimant must prove exposure to asbestos on the balance of probabilities. The special causation rule in Fairchild v Glenhaven…

On a strike out and summary judgment application, a claimant must address the pleaded cause of action actually advanced. A court should not conclusively…

A party cannot make a second application under CPR 13.3 to set aside a default judgment where the issue has already been finally determined on appeal. Finality…

On an application for an interim payment under Civil Procedure Rules 1998, r 25.7(1)(c), the claimant must satisfy the court, on the balance of probabilities…

A claim in deceit requires proof of a false representation of fact, knowledge of or recklessness as to its falsity, an intention that the claimant should rely…

In a medical negligence claim, the Bolam standard remains subject to the court’s assessment of whether the supporting professional opinion has a logical basis.…

Relief under section 25 of the Civil Jurisdiction and Judgments Act 1982 in support of foreign proceedings requires the court to ask whether equivalent relief…

Claims may be struck out, or summarily dismissed, where the pleaded case discloses no reasonable grounds or has no real prospect of success. A commercial…

Disclosure must be approached by reference to what is reasonable and proportionate for a fair trial. The value of the claims and the parties’ costs are…

A document described as a “term sheet” may constitute a binding contract. The question is whether, viewed objectively, its wording and the parties’ conduct…

A healthcare professional is not negligent where the treatment accords with a responsible school of medical thought. The court must assess the conduct in the…

Contempt of court must be proved by the applicant to the criminal standard. The alleged contemnor bears no persuasive burden of disproving the allegation.…

A deliberate breach of an injunction prohibiting dangerous road racing is sufficiently serious to warrant an immediate custodial sentence in principle. Whether…

In a clinical negligence claim concerning spinal surgery, the court applied the Bolam test as qualified by Bolitho. A surgeon is not negligent where the…

Under the Bolam test, clinical negligence is assessed by reference to the practice accepted by a responsible body of medical opinion. In suspected scaphoid…

Section 4(4) of the Defective Premises Act 1972 is a deeming provision. It extends the section 4(1) duty to cases where the landlord has a right, rather than…

Under Defamation Act 2013, honest opinion is unavailable where the defamatory allegation is one of fact. Allegations of dishonesty, fraud, attempted fraud, or…

In a negligence claim for psychiatric injury, ordinary distress and anxiety are insufficient. The claimant must prove, on the balance of probabilities, a…

A motor insurance policy may provide wider cover than the statutory minimum where its wording contains no road-use limitation. “Use” means use consistent with…

Applications for strike-out and summary judgment should be determined by applying the relevant procedural tests to the pleaded case and evidence before the…

A legal aid authority may recover payments on account where a solicitor’s conduct, unreliable information and unjustified delay show an unwillingness to submit…

An order for pre-action disclosure may be made only where the statutory and procedural conditions are satisfied. The court should first determine whether the…

Clinical negligence is assessed against the information reasonably available to the practitioner at the time, not with hindsight. A sudden, severe headache…

A landlord’s statutory duty under the Defective Premises Act 1972 is confined by the landlord’s obligation to maintain or repair. It does not generally require…

A foreign state may claim immunity where proceedings against its public official, although framed against the individual, in substance challenge acts performed…

Where foreign law governs a tort claim, the party relying on that law must prove its content. Uncertainty about applying an established foreign rule does not…

In determining the meaning of allegedly defamatory publications, the court must consider each publication as a whole and identify the single meaning conveyed…

In a defamation claim subject to the one-year limitation period, the court must balance all the circumstances under section 32A of the Limitation Act 1980.…

Interim mandatory relief may be granted where the court identifies the course carrying the least risk of injustice if its assessment later proves wrong. A high…

Medical negligence is assessed by the standard of practice accepted by a responsible body of appropriately skilled medical practitioners, subject to the limits…

A tenancy agreement must be construed as a whole to determine how landlord and tenant allocated the risk of damage caused by insured risks. A landlord’s…

Recovery of success fees under the domestic costs scheme was compatible with a publisher’s freedom of expression under Article 10 ECHR because the…

A solicitor who acts for an insured litigant has no independent right to recover under the client’s legal expenses policy unless the contractual right to sue…

A Chief Constable ordinarily owes officers a non-delegable duty to provide and operate a safe system of work. That duty may nevertheless be excluded by public…

Case management powers may, in an exceptional case, be used to bring long-running proceedings to an end. The power should be exercised cautiously where the…

Section 48A of the Water Resources Act 1991 imposes strict liability where an abstraction causes loss or damage. The claimant need not prove that the damage…

Permission to amend a defamation pleading requires more than a bare assertion that the proposed case is arguable. The claimant must show evidence supporting a…

A professional negligence claim arising from advice to settle litigation must be assessed against the standard of a reasonably competent practitioner, in the…

Whether a pre-trial publication attracts absolute privilege is determined when the publication occurs. Later use of the material in court cannot…

In determining a planning application, the flood-risk policies in paragraphs 100, 101 and 103 of the National Planning Policy Framework distinguish plan-making…

In clinical negligence, a clinician must take reasonable steps to exclude an imminently life-threatening and treatable condition, even where another diagnosis…

A contractual requirement to provide specified timesheets may be a condition precedent to payment, but its breach does not automatically establish fraud or…

For an interim payment under rule 25.7(1)(c), the claimant must satisfy the court, on the balance of probabilities, that she would obtain judgment for a…

An interim freezing order requires a three-stage inquiry: whether the claimant has a good arguable case, whether there is a real risk that a judgment will go…

Serious allegations of wrongdoing must be pleaded with sufficient cogency and particularity to enable defendants to understand the case they must meet. A bare…

In clinical negligence claims, the court must assess the evidence as a whole. Inherent probabilities may be considered generally and impressionistically, but…

In clinical negligence claims, compliance with a body of medical opinion does not automatically avoid liability. The opinion must have a logical and defensible…

Under section 2 of the Civil Liability (Contribution) Act 1978, contribution or indemnity is determined by what is just and equitable, having regard to each…

When deciding whether to admit fresh evidence on appeal, the court must give effect to the overriding objective while considering the principles in Ladd v…

On an appeal from a case-management decision refusing a late amendment, the appellate court must respect the generous ambit of the first-instance discretion.…

Contributory negligence in an asbestos claim must be proved by the defendant. It requires evidence not only of self-employment and exposure, but also of a…

Under section 1 of the Defamation Act 2013, a claimant must prove on the balance of probabilities that publication has caused, or will probably cause, serious…

A planning decision may be challenged for objective unfairness arising from a mistake of fact where the material is reliable, uncontentious and objectively…

Applications to strike out or obtain summary judgment require the court to assess the pleaded case as it stands, separately from any earlier interlocutory…

The absence of a formal discharge of a public funding certificate does not necessarily make a later private retainer unenforceable. The certificate is…

Specific disclosure must be necessary for the fair disposal of the proceedings and proportionate. The court applies the standard disclosure criteria by…

Immigration detention pending deportation is lawful only while the Hardial Singh principles remain satisfied. The Secretary of State must intend to deport…

The operational duty under Article 2 may arise in relation to detainees where authorities know, or ought to know, of a real and immediate risk to life. It may…

A foreign judgment may be registered under the Administration of Justice Act 1920 where the statutory conditions are satisfied and it is just and convenient to…

Relief from sanctions for a late Respondent’s Notice depends on the three-stage test in Denton v TH White Limited [2014] EWCA Civ 906. A serious or significant…

In a clinical negligence claim, an operating surgeon must identify whether the upper part of the internal anal sphincter is intact before dividing its lower…

Religious or spiritual relationships are not automatically incapable of creating binding contractual relations. The question depends on the particular…

Expert evidence is admissible only where it concerns a recognised expertise governed by recognised standards and is capable of assisting the court on a…

In a civil claim arising from a police shooting, self-defence requires the defendant to prove that the officer honestly and reasonably believed that he faced…

For limitation purposes, a claimant need not know that conduct amounted to negligence. It must know the material facts of the damage and, in broad terms, the…

A judgment for a secured lender does not necessarily merge the borrower’s contractual obligation to pay interest. Where the lender continues to hold and…

In a claim involving chronic widespread pain, the ordinary but for test applies. The claimant must prove, on the balance of probabilities, that the accident…