Judgments/Orders

UK Supreme Court: court can change decision without “exceptional circumstances”

In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that decision before the order is sealed: In the matter of L and B … Continue reading

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Filed under Appeals, Judgments/Orders

Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings

The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in foreign criminal proceedings: R (on the application of Omar) v Secretary of State for … Continue reading

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Filed under Disclosure, Evidence, Judgments/Orders

Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings

The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively statutory. Accordingly, a Norwich Pharmacal order cannot be used to order the provision of evidence for foreign … Continue reading

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Filed under Disclosure, Evidence, Judgments/Orders

Power to strike out exaggerated claim will rarely be exercised

The Supreme Court has ruled that the court has power to strike out a dishonestly exaggerated claim as an abuse of process at any stage of the proceedings, even where it has already determined that the claimant is in principle entitled to damages in … Continue reading

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Filed under Judgments/Orders

Party in breach of “unless” order due to strict application of deemed service provisions

The High Court has held that a party was in breach of an “unless” order requiring service of a disclosure list by a particular date, despite the opponent’s solicitors having received the list by that date, as a result of the … Continue reading

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Filed under Judgments/Orders, Part 36 offers, Service

Tougher approach to compliance

The Civil Procedure Rule Committee has approved the wording of an amendment which seeks to implement Lord Justice Jackson’s recommendations that the courts “should be less tolerant than hitherto of unjustified delays and breaches of orders” (see our September update … Continue reading

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Filed under Interim applications, Judgments/Orders

Court can give judgment despite settlement

A recent Court of Appeal decision clarifies that the court has the power to hand down judgment in a case that has been fully argued, even if the parties have settled their dispute and asked that judgment not be given: … Continue reading

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Filed under Judgments/Orders, Settlement

Delays in giving judgment

In Bond v Dunster Properties Ltd [2011] EWCA Civ 455 the Court of Appeal described a delay of 22 months between the end of the hearing and the delivery of judgment as “lamentable and unacceptable” but held that it did … Continue reading

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Filed under Judgments/Orders

Withholding publication of judgment following settlement

In a recent case the High Court has withheld publication of its draft judgment, at the request of the parties, in light of the subsequent settlement of their dispute: Renaissance Capital Ltd v ENRC Africa Holdings Ltd (unreported, 7 April … Continue reading

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Filed under Judgments/Orders, Settlement