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Application to set aside judgment – proceedings not served in accordance with CPR
Nelson & Anr v Clearsprings (Management) Ltd, CA (Civ Div) 22/9/2006
Where judgment was given at trial against a defendant who had not been served with the proceedings in accordance with the CPR and had no knowledge of the proceedings, an application to set aside the judgment was not governed by CPR r.39.3(5).
Substitution of parties – CPR Part 19 – not applicable to public law proceedings
River Thames Society v First Secretary of State & Ors, High Ct, 22/9/2006
Where a party had applied to be substituted as the claimant in proceedings under the Town and Country Planning Act 1990 s.288, the court concluded that CPR Part 19 did not apply to public law proceedings and that the issue of substitution fell to be decided under the court's inherent jurisdiction.
Restraining Order preventing access to primary school premises
R v FED 2000 & Ors, High Ct (QBD Admin) 12/9/2006
In the circumstances the local education authority was entitled to an order restraining the defendants from preventing access to premises used as a primary school.
Application for permission to appeal – CPR r.52.3(2)
Balmoral Group Ltd v Borealis (UK) Ltd & Ors, High Ct (QBD Comm) 23/8/2006
CPR r.52.3(2) and the relevant practice direction allowed a would-be appellant to apply to the lower court for permission to appeal at the hearing that the decision to be appealed was made or at a later date, if, on an application made at that hearing, the lower court adjourned the hearing in order to allow such application to be made later. Otherwise, the application had to be made to the appeal court.
Appeal against civil penalty – no rehearing permitted
Prebble & Anr v Customs & Excise Commissioners, V&DTr (London) 18/8/2006
It was not appropriate to direct a rehearing of an appeal against a civil penalty for dishonest conduct where the evidence sought to be adduced on the rehearing could and should have been dealt with in the previous hearings.
Anti-social Behaviour Act 2003 – Guidance on Closure Orders
R v Highburn Coroner Magistrates’ Court & Ors, DC, 26/7/2006
The court gave guidance on the fair conduct of proceedings for a closure order under the Anti-social Behaviour Act 2003 s.2.
Limitation Act – S.22(a)
Green & Ors v Gaul & Ors, CA (Civ Div) 28/7/2006; Times, September 1, 2006
The 12-year period under the Limitation Act 1980 s.22(a) to bring an action in respect of any claim to the personal estate of a deceased had no application to a claim to remove a personal representative of the estate. Claims against the representative to provide an account of the deceased's assets and make payment due were claims that fell within s.21(1)(b) of the Act, and although the defence of laches to the claims was not excluded by s.21(1)(b), it was not made out on the facts.
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