High Court: Queen's Bench Division judgments, 2017

For service of a claim form in Scotland under CPR r 7.5(2), service must occur within the form’s six-month validity period. CPR r 6.14 changes the date treated…

Relief from sanctions requires the court to consider the seriousness and significance of the breach, why it occurred, and all the circumstances so as to deal…

A political party’s obligation under its rules is contractual, but statutory rules governing the filling of electoral vacancies do not themselves require the…

An employer must conduct disciplinary and suspension processes fairly, consistently and in accordance with its own procedures. Suspension is not a routine…

A fraudulent misrepresentation is actionable where the claimant proves the representation, its falsity, the defendant’s knowledge or recklessness, an intention…

Article 9 of the Bill of Rights 1689 prevents parliamentary material being used in litigation to prove the truth or accuracy of facts stated in Parliament, or…

An interim injunction may restrain online harassment where the claimant shows that she is more likely than not to obtain a final injunction. Harassment under…

A Tier 4 sponsor licence is not itself a possession under Article 1 of Protocol 1. Interference arises only where suspension or revocation adversely affects…

A motorist must adapt speed and lookout to the prevailing road, traffic, lighting and weather conditions. The posted speed limit is an absolute maximum, not a…

On an application for an interim payment, the court must assess the likely final judgment conservatively and avoid prejudicing the trial judge’s freedom to…

Slander is not actionable without proof of special damage unless the words fall within a recognised exception. An allegation conveying only reasonable grounds…

Medical negligence is assessed by the Bolam standard, subject to the Bolitho requirement that the supporting clinical opinion has a logical basis. The court…

The Crown act of state doctrine applies only to acts authorised or ratified by a lawful exercise of the Crown’s powers. It does not protect torture…

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…

An interim order restraining publication may be granted without notice where notice creates a real risk of defeating the application. The claimant must…

Where a first action is struck out for procedural failure, the court should generally apply the Securum / Collins approach when deciding whether a second…

Security for costs against a non-party funder is governed by a broad, fact-sensitive discretion. The court must assess whether security is just having regard…

A contract is frustrated only where a supervening event makes performance radically different from the contractual undertaking. Frustration is narrow and does…

A patient has a right to be informed of the outcome of medical treatment, the prognosis, and the follow-up care or monitoring required. The discussion should…

Late acceptance of a Part 36 offer ordinarily attracts the costs consequences prescribed by CPR 36.13. The court may nevertheless order indemnity costs where…

In a slander claim, words imputing a threat to kill can be actionable per se where the offence is complete when the threat is made; the threat need not be…

Contempt of court may be established where a person knowingly verifies a false statement in a document within CPR 32.14. The claimant must prove each alleged…

An employer’s contractual discretion to place an employee on garden leave is subject to an implied term that it be exercised in good faith, rationally and…

The common law power to permit public access to court documents is broad and is administered primarily through CPR 5.4C. The rules regulate, but do not…

A very late amendment is governed by the overriding objective and requires the applicant to show both the strength of the new case and why justice requires its…

Telephone midwifery advice must be assessed against the circumstances known, or communicated, at the time. Where a woman reports ruptured membranes…

On a strike-out application, the pleaded facts must be assumed to be true. A claim should be struck out only where it is certain to fail under established law.…

A hospital may owe vulnerable patients both the statutory duty under the Occupiers Liability Act 1957 and a wider common-law duty arising from the operation of…

An employer is not directly liable under the Data Protection Act 1998, for misuse of private information or for breach of confidence where an employee, acting…

Human trafficking may be established without physical restraint or threats of violence. The court must assess the act, means and purpose of trafficking…

On an application for a substantial interim payment, the court must assess a reasonable proportion of the likely final judgment under CPR r 25.7 and the…

In a trespass claim involving unlawful waste deposits, the ordinary measure of loss is restitution in integrum. A claimant may recover the reasonable cost of…

In a high-risk VBAC case, it is not automatically negligent to allow a woman in the latent phase of labour to return home. The decision requires an individual…

When a party seeks to adduce material late, the court must consider the circumstances of non-disclosure, the material’s relevance, the ability of the opposing…

A contractual notification requirement may extinguish the underlying liability for an unnotified warranty claim, rather than merely bar the remedy. Where the…

Part 36 sanctions are intended to encourage reasonable settlement conduct. Once the claimant obtains a judgment more advantageous than the offer, the usual…

In a defamation claim concerning a newspaper article, separate defamatory imputations must generally be justified separately. A defendant cannot rely on a…

A notice under section 146 of the Law of Property Act 1925 cannot validly be served before the landlord’s right of re-entry or forfeiture has accrued. The…

A discretionary investment manager is contractually bound by the agreed risk profile of the portfolio as a whole. Where no express flexibility has been agreed…

In a wrongful birth claim, a mother may recover the additional costs of an unrelated disability where the defendant’s negligence caused the continuation of a…

Procedural non-compliance does not automatically justify striking out a claim. The court must assess what is just and proportionate, having regard to the…

To establish contempt based on a false statement verified by a statement of truth, the applicant must prove beyond reasonable doubt that the statement was…

A court may dispense with personal service of a committal or sequestration application where the respondent has, in substance, received the application and has…

In a defamation claim concerning reports of earlier proceedings, the court held that the ordinary meaning of an article must be assessed in its full context…

Paragraph 7(2) of Schedule 3 to the Police (Injury Benefit) Pensions Regulations 2006 refers to the statutory provisions governing the uprating of social…

Withdrawal of clinically assisted nutrition and hydration from a person lacking capacity may be lawful where continuation is not in that person’s best…

In complex group litigation, hearings should be fixed by reference to the needs of the litigation and the court’s timetable, rather than counsel’s professional…

Common-law qualified privilege protects complaints made to the proper authority, including reasonably necessary communications to those administering or…

Where a defamation defendant, having received proper notice, neither acknowledges service nor advances a defence or evidence, the court may enter default…

Damages for false imprisonment must be assessed globally and by reference to the particular claimant’s harm. The court should consider the length of detention…

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

To establish title by adverse possession, a claimant must prove both possession for the requisite period and possession adverse to the owner. Possession…

Contempt of court requires proof beyond reasonable doubt. Where a claimant deliberately misrepresents continuing disability to medical experts, or verifies…

At the interim stage, restrictive covenants should be enforced where there is a serious issue as to enforceability, damages are inadequate, and the balance of…

An appeal from a costs assessment is a review, not a rehearing. The appellate court should respect the lower court’s experience and detailed involvement unless…

Late acceptance of a Part 36 offer does not, by itself, justify departing from the default costs order or awarding indemnity costs. The offeror bears a…

On a standard-basis assessment, the reasonableness of taking out ATE insurance and the reasonableness of the premium are distinct questions. The court must…

Late amendments to personal-injury pleadings must be controlled by the overriding objective. The absence of prejudice is relevant but is not decisive. A…

An interim statute bill must be a complete, self-contained and final bill of all costs relating to a defined period. It must include profit costs and, where…

A publisher is liable for the defamatory meaning conveyed by publishing another person’s allegations. Repetition of an allegation does not permit reliance on a…

The repetition rule does not mechanically require a repeated allegation to bear the same, or a guilt-level, meaning as the original allegation. The court must…

A compromise made on behalf of a protected party is not binding until approved by the court. Either party may withdraw before approval. That rule in Civil…

Permission to bring contempt proceedings may be granted where the applicant shows a strong case and it is proportionate and in the public interest for the…

Where a former solicitor possesses confidential information belonging to a former client, and that information may be relevant to a dispute in which a new…

Appointment of additional lead solicitors in group litigation is governed by the overriding objective and the court’s case-management discretion. The applicant…

On a detailed assessment under section 70 of the Solicitors Act 1974, a costs estimate is not a quotation and does not confine recovery to the estimated sum.…

For the purposes of the statutory honest-opinion defence, the court must determine the single meaning conveyed by the publication as a whole. The ordinary…

An appellate court reviewing a possession decision must respect findings of fact unless the decision was wrong or procedurally unjust. Whether a secure tenant…

An appellate court should interfere with a discretionary limitation decision only where the first-instance court exceeded the generous ambit within which…

For the purposes of the Criminal Justice Act 1988, “gift” bears its normal legal meaning unless the statute clearly provides otherwise. A gift requires an…

Permission to serve proceedings out of the jurisdiction should be set aside where the claimant has no real prospect of establishing the relevant publication or…

An alleged oral contract is established only if, viewing the evidence objectively and in the round, the court is satisfied on the balance of probabilities that…

A contractual dispute-resolution procedure which permits referral to external mediation after one month of discussions does not require referral immediately…

The common law freight rule prevents a claim relating to cargo from being deducted from freight due. The rule extends beyond carriage by sea to carriage by air…

An interim injunction may restrain publication of an allegedly malicious falsehood where the defendant’s justification is plainly incapable of succeeding. The…

When deciding whether to fortify a cross-undertaking in damages, the court must assess whether there is a good arguable case that the injunction has caused, or…

A forged signature does not constitute consent. Where a fertility clinic expressly undertakes not to thaw and replace embryos without both parties’ written…

An insured claiming income-protection benefits bears the burden of proving entitlement under the policy. In assessing chronic fatigue syndrome, the court must…

Permission to amend a pleaded case is governed by the overriding objective and remains a matter of case management. A party is not automatically entitled to…

Under sections 2(3) and 44 of the Arbitration Act 1996, the court may assist an arbitration seated abroad only where the application is urgent and an order is…

In assessing damages for medical negligence, the court may award the reasonable cost of lawful domestic surrogacy using the claimant’s own eggs where the…

An employer undertaking periodic safety inspections of electrical equipment owes its employees a duty to perform those inspections competently where they may…

In a clinical negligence claim involving an omission, causation is ordinarily determined by asking what would probably have happened if the omitted act had…

Under Massachusetts contract law, clear contractual language is given its ordinary meaning. Where provisions create an ambiguity, the court may consider…

A non-party costs order under Senior Courts Act 1981, section 51, is a fact-sensitive discretionary remedy. The question is whether, in all the circumstances…

For the purpose of deciding whether a claim form was served within its period of validity, the question is whether the claimant completed the step required by…

An interim injunction restraining publication may be continued where the claimant is likely to establish that the information is confidential and that its…

Terms in collectively agreed employment documents are incorporated only where they are apt for contractual incorporation. In assessing aptitude, relevant…

For the purposes of an interlocutory injunction concerning industrial action, the court must assess the likelihood that the union will establish at trial a…

An enforcement agent may take control of goods under a writ of control only where the goods are on premises which the agent has power to enter under Schedule…

A contractual power to revoke trades for abusive trading is distinct from a contractual mechanism for determining whether the broker made a manifest pricing…

Late amendments to pleadings are governed by the overriding objective. The court must balance the applicant’s prejudice if amendment is refused against…

For an unlawful arrest, a defendant seeking to limit damages to nominal damages must prove that the claimant would, not merely could, have been lawfully…

For limitation purposes, a claimant need not know that conduct amounts to negligence or that a worthwhile cause of action exists. Under section 14A of the…

A highway authority may lawfully remove trees where removal forms part of maintaining the highway. Peaceful protest rights under Articles 10 and 11 may be…

Under CPR 83.13(8)(a), permission to issue a writ of possession depends on whether every person in actual possession has received notice of the proceedings…

A claim alleging unlawful detention under Article 5 should not be struck out as speculative merely because material supporting the claim is held by the…

Suspension pending investigation is not a neutral act and must not be treated as the default response. Before suspending an employee, an employer should…

In a libel claim, a defendant relying on truth must prove that the defamatory imputation is substantially true. A publication alleging sexual harassment and…

Applications to amend pleadings are governed by the overriding objective and require the court to strike a fair balance between competing forms of injustice.…

An application by a non-party under CPR 5.4C(2) is ordinarily a matter between the applicant and the court. A party affected by the application may be heard…

Accommodation provided under the full housing duty is not automatically occupied “as a dwelling” for the purposes of the Protection from Eviction Act 1977. The…

An appellate court may interfere with a factual conclusion founded on a material misreading of documentary or witness evidence, particularly where the…

When deciding whether possession is reasonable under the discretionary grounds in the Housing Act 1988, the court must consider all relevant circumstances…

In a clinical negligence claim, an elevated CRP result is relevant evidence of inflammation, but it does not automatically require delivery. Its significance…

An injunction may restrain an actual or apprehended breach of planning control where the statutory conditions are met and relief is just and convenient. The…

Costs are a matter for the court’s discretion. Although the unsuccessful party will ordinarily pay the successful party’s costs, an issue-based reduction is…

On an appeal by way of case stated, the court must generally determine the issue within the factual findings recorded by the lower court. The prosecution must…

A worker’s entitlement to the national minimum wage is not defeated by describing the worker as a member of the employer’s family. The family-household…

Service is an objective question. The court considers what was done, not what either party subjectively intended. A claim form supplied expressly for…

The lawfulness of immigration detention pending deportation depends on the Hardial Singh principles and all the circumstances known to the Secretary of State…

A contractual provision permitting a lender to charge a collection fee of up to a stated percentage may confer a discretion to estimate future internal costs…

Vicarious liability may arise where the tortfeasor is not an employee but has a relationship with the defendant that is akin to employment. The court must…

For transitional claims against insurers, liability is incurred when the underlying cause of action is complete. It is not postponed until the claimant…

A settlement agreement releasing all past, present and future claims, actions and liabilities in any way connected with the sale of an interest rate hedging…

Under the Bolam test, a doctor is not negligent where treatment accords with a responsible body of medical opinion. Under Bolitho, the court must nevertheless…

A doctor may be negligent by omitting an investigation where the presenting features require it, even though the precise diagnosis is not reasonably apparent.…

Permission for a private person to bring committal proceedings for false statements requires a strong prima facie case capable of proof to the criminal…

For a declaration under section 6 of the Justice and Security Act 2013, the court need identify only one relevant piece of sensitive material which would…

In claims for psychiatric injury caused by workplace events, foreseeability depends on the particular facts. Ordinary occupational stress does not ordinarily…

The destination of an appeal from a county court decision depends on the judge’s status for the purposes of the applicable appeal provisions. A district judge…

Section 127 of the Criminal Justice and Public Order Act 1994 creates an autonomous statutory tort prohibiting inducements to prison officers to take…

In a mesothelioma negligence claim arising from asbestos in rented accommodation, the claimant must prove duty, breach, a material increase in the risk of…

A final order may be varied retrospectively where the circumstances justify relief, although finality remains important. The court should distinguish an…

In elective cosmetic surgery claims, the court must first determine what procedure the patient requested and the doctor agreed to perform. If the treatment…

A hospital may be liable where its systems fail to obtain an important diagnostic test, recognise that the patient has left before it is performed, and warn or…

For limitation purposes, damage from negligent advice may arise when a claimant enters into a flawed transaction, even if a later contingency causes the loss…

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

Relief from sanctions principles apply to late service of factual witness statements. The court must address all three stages of the Denton approach, including…

In a mesothelioma claim, causation is determined on the balance of probabilities by evaluating the competing medical explanations and the likely effect of the…

Whether a company was the true employer is determined by assessing all the evidence and drawing proper inferences on the balance of probabilities. Corporate…

In a slander claim, the claimant must prove the precise words published, their defamatory meaning, and serious harm to reputation under Defamation Act 2013…

In libel, serious harm concerns injury to reputation; injury to feelings alone is insufficient. Substantial truth is assessed by identifying the essential…

The fact that claims have been struck out or were unsustainable does not, by itself, justify indemnity costs. Novel legal arguments do not automatically…

For Landlord and Tenant Act 1954 ground (f), the landlord’s intention must be honest, genuine, fixed, settled and unconditional as assessed at the hearing. It…

Under the Fatal Accidents Act 1976, dependency damages compensate pecuniary loss caused by death. The assessment may include the economic value of services…

In a negligence claim involving an unexplained fire in a vehicle, the fact of the accident does not by itself establish liability. The res ipsa loquitur…

Where a party seeks to replace an expert and requires the court’s permission or an extension of time, the court has power to require disclosure of the…

A claim cannot be struck out for abuse of process after judgment, because the cause of action has merged in the judgment. The exceptional power recognised in…

The test for apparent bias is whether a fair-minded and informed observer would conclude that there was a real possibility of bias. A judge may invite…

In a defamation claim, the court must assess the words in their full publication context, rather than isolated words selected by the claimant. At the meaning…

At an interim stage, the court must identify the meanings which words are reasonably capable of bearing, rejecting meanings that depend on strained or…

A highway authority’s duty to maintain a highway does not require the removal of every unevenness or defect. The relevant question is whether the particular…

A clinician who is told of significant post-operative symptoms must investigate them where competent medical practice requires examination. Causation is…

A document is not protected by legal professional privilege unless it is confidential as against the person resisting the claim. Confidentiality turns on a…

A dwelling occupied by an employee as a condition of employment may be a service occupancy rather than a tenancy, even where the written agreement grants…

Liability for battery and assault is strict. Once a claimant proves intentional force or threatened force, the defendant must establish lawful justification.…

Part 44.16 of the Civil Procedure Rules 1998 does not create a separate or broader discretion to order a non-party to pay costs in QOCS proceedings. The…

Whether to order preliminary issues in a defamation claim is a case-management decision governed by the overriding objective. Meaning and defamatory tendency…

A consultant gynaecologist is negligent if, on the balance of probabilities, a prolapsed fibroid was present during an examination and the examination failed…

A claim in deceit requires a materially false representation, intended to induce and which did induce detrimental action. Materiality may support an inference…

The Warsaw Convention provides a comprehensive and exclusive code for liability and jurisdiction in international carriage by air. Where it applies, domestic…

For the purposes of paragraph 6 of Schedule 5 to the National Health Service (Clinical Commissioning Groups) Regulations 2012, “redundancy” means being surplus…

A sanction for late service of a witness statement under Civil Procedure Rules r 32.10 automatically prevents the witness from giving oral evidence, but does…

A contractual machinery clause is not necessarily subsidiary merely because it facilitates a compensation or valuation provision. The court may substitute…

Damages for libel serve both to vindicate reputation and to compensate for distress and loss. They are at large, and proof of actual damage or economic loss is…

For a TUPE transfer to occur after a share sale, the relevant business must in fact pass to another person. A change in ownership, group control, governance…

For a deliberate and dangerous breach of an injunction, the court may impose an immediate custodial sentence where the custody threshold is crossed. The court…

Where parties achieve mixed success after a substantial trial, costs may be allocated by proportion rather than by analysing every issue and incident…

Once the jurisdictional requirements for pre-action disclosure are satisfied, the court retains a discretion whether to order disclosure. The jurisdictional…

Clinical negligence is assessed by reference to the individual patient and the circumstances known to the treating clinician at the time. A treatment choice is…

Damages for personal injury should provide fair and reasonable full compensation, subject to reasonableness and proportionality in each head of loss. An adult…

Permission to amend after expiry of limitation requires a structured three-stage inquiry. The claimant must show an arguable limitation issue, a new cause of…

The Carltona principle applies to a ministerial power unless Parliament excludes it expressly or by necessary implication. A statutory provision may also…

A tax adviser who guides a client’s decision to enter a tax scheme owes an advice duty, rather than a limited information duty. The adviser must exercise the…

For service on an overseas company under rule 6.9 of the Civil Procedure Rules 1998, it is insufficient that a local agent sells the company’s products. The…

Only prosecution material served as evidence or exhibits counts as pages of prosecution evidence under the graduated fee scheme. Formal service, including…

Litigation privilege requires adversarial litigation to be in progress or reasonably in contemplation, and the communication or document must have the sole or…

The Hardial Singh principles govern detention pending removal. Detention must serve the purpose of removal and last no longer than reasonably necessary. The…

Qualified one-way costs shifting applies to proceedings that include a claim for damages for personal injury, even where that claim is minor or subsidiary. CPR…

A juror who conducts internet research about a defendant or trial commits a serious contempt of court. The jury’s verdict must rest exclusively on evidence…

Damages for unlawful police conduct must be assessed by applying general principles to the particular circumstances and degree of harm proved. Earlier…

A public authority may not restrict a parent’s contact with a child because the parent holds views about abortion or same-sex marriage. It may, however…

Relief from sanctions under CPR 3.9 requires a structured assessment of the seriousness and significance of the breach, the reason for it, and all the…

Permission to amend a statement of case during a lengthy trial is discretionary and must be determined by the overriding objective. A very late amendment…

Deliberate and serious breaches of an injunction may justify immediate imprisonment where the custody threshold is crossed. Relevant aggravating features…

A defendant is liable only for loss proved, on the balance of probabilities, to have been caused or materially contributed to by the admitted negligence. A…

Video surveillance may provide compelling evidence of a claimant’s functional capacity. Where repeated surveillance over a representative period contradicts…

An admission of primary liability made under the RTA Protocol includes an admission that the defendant caused loss. It therefore precludes reliance on an ex…

In a transactional case concerning an informal agreement for the transfer of land, equity cannot make an incomplete agreement enforceable merely because the…

A midwife attending a birth must respond promptly to the risk of shoulder dystocia where a baby is known to be large. If crowning has occurred and the head…

The validity of post-termination restrictions is assessed at the date of the employment contract. The court must construe the covenant, identify the employer’s…

On an application to strike out or obtain summary judgment, the court must assess whether the pleaded claim has a realistic prospect of success, assuming the…

A non-party seeking access to litigation documents under Civil Procedure Rules 1998, rule 5.4C may seek preservation of the material pending determination of…

Section 32(4) of the Data Protection Act 1998 is compatible with Article 9 of Directive 95/46/EC. It forms part of the legislative balance between…

A pleading may be struck out as abusive where it is unreasonably vague or incoherent, so that the defendant cannot identify the case to meet or the court…

A private-law false-imprisonment claim is not automatically abusive merely because it requires challenge to an anterior public-law decision. Under the CPR, the…

In a serious libel claim, compensatory damages must be proportionate and should provide convincing vindication of the claimant’s reputation. The assessment…

An application for permission to appeal to the lower court must ordinarily be made at the hearing when the decision is given, or during an adjournment granted…

On an application for an interim non-disclosure order affecting freedom of expression, the applicant must show that it is more likely than not to obtain a…

A person who assumes practical control of a company’s affairs may be a de facto director, regardless of formal appointment or job title. The question is one of…

In assessing clinical negligence by the standards applicable at the time, the court must determine whether the treatment was supported by a responsible body of…

Contempt based on a false statement in a witness statement requires proof beyond reasonable doubt that the statement was false, materially interfered with the…

Claims must disclose a reasonably arguable cause of action. Claims which merely repeat earlier proceedings may also be struck out as an abuse of process. A…

Under Civil Procedure Rules 1998, the unsuccessful party normally pays the successful party’s costs, but the court retains a broad discretion to make a…

A declaration under section 6 of the Justice and Security Act 2013 is justified where sensitive material would otherwise require disclosure and a closed…

A landlord who enters a tenant’s room and disposes of the tenant’s possessions without lawful authority commits wrongful interference with goods. The claim may…

Compensation following an accepted offer of amends is assessed on the same principles as libel damages. The court first assesses the damages appropriate after…

For the MIB exception concerning a passenger who knew or ought to have known that a vehicle was uninsured, negligence or mere failure to enquire is…

Informed consent requires advice about material risks and reasonable alternatives. Materiality is assessed by asking what a reasonable person in the patient’s…

The meaning of a tweet is assessed impressionistically through the ordinary reasonable reader, taking account of the whole statement and its relevant context.…

A person who knowingly organises, authorises or materially assists a sustained campaign of public and online accusations may be liable for both libel and…

Where an activity carries inherent and obvious risks, the common law does not ordinarily require the occupier or activity provider to train, supervise or warn…

Interest on sums awarded to reimburse claimants for payments needed to secure title runs from the date on which the underlying mortgage, fees or associated…

Striking out a defence for disclosure failures is an exceptional sanction. The court must apply the overriding objective and impose a just and proportionate…

A bank providing information about a financial product without advising or recommending it ordinarily owes a Hedley Byrne duty not to misstate. A wider…

Where liability has been established and assessment of damages is adjourned without express limitation, the claimant may reformulate and particularise its…

The court may declare material in an expert report inadmissible or irrelevant before trial where the litigation’s issues and preparation have been clearly…

Section 127 of the Criminal Justice and Public Order Act 1994 is not confined to services which prison officers are contractually obliged to provide.…

A public authority which unlawfully demands payment for services that it has a public duty to provide without charge may be liable in restitution under the…

A negligence claim is not barred by foreign act of state merely because the court must consider what foreign police or authorities did. The relevant question…

Where a costs management order has been made, the approved or agreed budget binds the parties at a standard-basis detailed assessment unless there is good…

The discretion under section 7(5)(b) of the Human Rights Act 1998 is broad. The court must consider all the circumstances and decide whether extending the…

Under section 51 of the Senior Courts Act 1981, the court may order a non-party insurer to pay costs where its involvement in litigation makes that order just.…

A postnatal patient should not be discharged after persistent tachycardia, including red-flag readings, merely because one later pulse measurement is normal.…

In an application to remove online reporting, the court applied the two-stage misuse of private information inquiry: whether the claimant had a reasonable…

An injunction under section 187B of the Town and Country Planning Act 1990 is an original jurisdiction. The court must decide judicially whether relief is…

Contributory negligence may be established where a road user had a fair opportunity to observe a hazard and take reasonable evasive action, and the evidence…

Exemplary damages under the second category in Rookes v Barnard require more than deliberate, fraudulent or socially harmful tortious conduct. The defendant…

For the purposes of malicious prosecution, the person who supplies information is not ordinarily the prosecutor where the police or CPS retain an independent…

In an examination of a witness for use in foreign proceedings, the court should balance procedural fairness against the requesting party’s need to obtain…

A professional indemnity claim based on subrogation succeeds only to the extent that the insured professional’s breach was dishonest where the policy excludes…

For compensation under section 72 of the Proceeds of Crime Act 2002, a serious default in seeking a restraint order is insufficient by itself. The claimant…

An interim order requiring delivery up and deletion of confidential material is a mandatory injunction where it substantially grants final relief. The court…

In managing complex group litigation, the court may lift a stay for a limited procedural purpose without determining the parties’ ultimate liability for…

Where a claimant proves facts sufficient to establish a trespass to the person, the defendant bears the burden of pleading and proving that the conduct was…

Where a defamation defendant pleads truth, disclosure must address documents capable of proving the factual substance of the imputation. The scope of…

A claimant induced to transfer money by knowingly false representations may recover against participants in the fraud through conspiracy, deceit, fraudulent…

Section 1 of the Defamation Act 2013 makes serious harm an essential element of a defamatory claim. A claimant must provide particulars explaining the nature…

Source protection under Contempt of Court Act 1981, s 10, extends to any person who provides information to another with a view to its publication, whether or…

Compensation following acceptance of an offer of amends is assessed on the same principles as damages for libel. The ordinary approach is to identify the…

An order for third-party disclosure is justified where the documents are necessary for the fair disposal of the claim or to save costs. The fact that the…

Permission to serve a foreign defendant out of the jurisdiction under the necessary or proper party gateway requires a lawfully served anchor defendant.…

Indemnity costs require conduct that is unreasonable to a high degree and takes the case out of the norm. A weak but properly arguable claim does not meet that…

An employer’s liability for asbestos exposure may be apportioned by time exposure where the evidence does not permit reliable findings about another employer’s…

A professional adviser’s duty ordinarily depends on the terms and limits of the retainer. An extended duty may arise only in an obvious case where, while…

Relief from sanctions depends on the three-stage approach in Denton v T H White Limited: the seriousness and significance of the breach, the reason for it, and…

Electronic material may be included in pages of prosecution evidence under the Criminal Legal Aid (Remuneration) Regulations 2013 where, despite informal…

In a pure diagnosis case, where a doctor reports a condition without making a treatment decision, the court must determine objectively whether the diagnosis…

An extension of time to appeal should be refused where the proposed appeal has no arguable basis and granting more time would serve no practical purpose.…

Permission to amend a defamation defence should be refused where the proposed pleading discloses no reasonable basis for the defence and the evidence shows no…

A collateral contract may exist alongside a contract for the sale of land where it is not itself a contract for the sale of an interest in land and the sale is…

An alleged oral commercial agreement is assessed objectively by reference to what was communicated and whether the parties agreed the essential terms with an…

Strike-out and summary judgment are appropriate only where the claim is legally untenable or has no real prospect of success, and there is no compelling reason…

In assessing damages for serious personal injury, compensation must be full but remain fair, reasonable and just to both parties. Gratuitous care provided by a…

In clinical negligence, compliance with a responsible body of medical opinion does not conclude the inquiry. The court must assess whether that opinion has a…

A solicitor’s duty is defined by the retainer, the client’s instructions and the circumstances known at the time. Advice reasonably incidental to the work must…

A data controller’s implied duty to search for personal data in response to a subject access request is limited to searches that are reasonable and…

Sentencing for breach of an injunction must address three objectives: securing future compliance, protecting the public, and punishing the contemnor so that…

Contempt of court requires proof, to the criminal standard, that the respondent knew the terms of the order, breached it, and knew the facts making the conduct…

The discretion under section 7(5)(b) of the Human Rights Act 1998 is broad and must be exercised by examining all relevant circumstances. It is not governed by…

For limitation purposes, a concealed fact is relevant to a right of action only if it is a fact which the claimant must prove to establish a prima facie case.…

On an application for disclosure of a confidential source, the court must balance the protection afforded by section 10 of the Contempt of Court Act 1981 and…

A satisfied judgment for damage caused by one tortfeasor bars a claim against another tortfeasor liable for the same damage. Under Law Reform (Miscellaneous…

Under Part 5 of the Proceeds of Crime Act 2002, recoverable property may be established on the balance of probabilities without proving the precise offence…

An election is not invalid merely because an irregularity or administrative error is alleged. The petitioner must establish, on the civil standard of proof, an…

On a homelessness appeal under section 204 of the Housing Act 1996, the local housing authority determines in the first instance what inquiries are necessary…

Immigration detention must be justified by a reasonable prospect of removal within a reasonable period and must remain proportionate in light of the detainee’s…

On a strike-out or summary-judgment application, the court must not conduct a mini-trial or determine disputed facts. The question is whether the claim has any…

A decision whether to adjourn an application for permission to appeal is ordinarily a case-management decision. The court must balance the need for a fair…