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Appointment of Litigation Friend
Folks v Faizey, CA (Civ Div) 6/4/2006
A judge had erred in requiring the trial of a preliminary issue as to whether the facts justified the appointment of a litigation friend for the appellant, as the application to appoint a litigation friend was a bona fide one supported by the evidence.
Statutory Appeal under CPR Part 52
Zissis v Lukomski & Anr, CA (Civ Div) 5/4/2006
An appeal to the county court against an award under the Party Wall etc. Act 1996 s.10(17) was a statutory appeal governed by CPR Part 52 and the appeal court had ample powers under CPR Part 52 to enable it to determine the appeal justly.
Civil Recovery Orders not penal or in breach of ECHR
Director of the Assets Recovery Agency v Ashton, High Ct (QBD Admin) 31/3/2006
Civil recovery orders made pursuant to the Proceeds of Crime Act 2002 were not penal in nature and did not breach the European Convention on Human Rights 1950 Art.7.
Application for Search Order - No abuse of process
Indicii Salus Ltd v Chandrasekaran & Ors, High Ct (Ch D) 27/3/2006
Points of claim served by the respondents, whereby they alleged that there had been an abuse of process on the part of the applicant in seeking and obtaining a search order, were struck out as they stood no real prospect of success.
Interim Injunctions
EDO Technology Ltd & Anr v Campaign to Smash EDO & Ors, High Ct, 23/3/2006
Claimants who secured interim injunctions pending a speedy trial had to carry out their obligation to work diligently towards achieving a speedy trial.
Proceedings not an abuse of process
Perkins & Anr v Devoran Joinery Company Ltd & Ors, High Ct, 22/3/2006
In the circumstances it was not an abuse of process for the claimants to bring proceedings against the defendant joinery company alleging design defects in windows and doors that it had fitted, even though they had previously brought proceedings alleging defective workmanship only.
No waiver of right to complain of Recorder’s bias
Smith v Kvaerner Cementation Foundation Ltd, CA (Civ Div) 21/3/2006
A decision by a party to agree to a recorder continuing to hear an action in circumstances where the recorder's professional connection with the other party precluded him from sitting as a judge in the case did not amount to waiver of his right to complain of bias as the decision was not made freely and was not made with knowledge of all the relevant information.
Arbitration
Weissfisch v Julius & Ors, CA (Civ Div) 8/3/2006; Independent, March 10, 2006
Where the parties had expressly agreed that their disputes should be resolved by an arbitrator under arbitration that would be governed by Swiss law and have its seat in Switzerland, the natural consequence of that agreement was that any issues as to the validity of the unusual provisions of the arbitration agreement would fall to be resolved in Switzerland according to Swiss law. In the circumstances there were cogent reasons why the arbitrator should not be restrained by interim injunction from holding a hearing to consider his own jurisdiction.
Error in refusing adjournment
Prince Radu of Hohenzollern v Houston & Anr, High Ct, 7/3/2006
The master had erred in refusing an adjournment so as to allow the claimant to deal with evidence served by the defendant close to the date of trial where there was not equality of arms between the parties and where the evidence served by the defendant required to be answered. |
