Articles tagged as Civil Procedure
Latest Law Papers tagged as Civil Procedure
Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.
Skatteforvaltningen (The Danish Customs and Tax Administration) v MCML Ltd (previously known as ED&F Man Capital Markets Ltd) [2026] UKSC 19
Case Summaries
SKAT's 2018 negligent misrepresentation claim against broker EDFM failed under the Revenue Rule. SKAT later sued EDFM for fraud. The Supreme Court held that no issue estoppel barred the fraud claim, because issue estoppel is narrowly confined to the immediate foundation of the earlier decision. Background SKAT, the Danish Customs and Tax Administration, paid refunds […] ...
Last modified: 4th Nov 2026
Oakwood Solicitors Ltd v Menzies [2024] UKSC 34
Case Summaries
The Supreme Court decided when a solicitor’s bill has been “paid” for the time limits in section 70 of the Solicitors Act 1974. Keeping money from a client’s compensation is not payment merely because the client earlier agreed that fees could be deducted and the solicitor later delivered a bill. Payment requires agreement to the […] ...
Last modified: 4th Nov 2026
Jones v Birmingham City Council and another [2023] UKSC 27
Case Summaries
Before a council can obtain an injunction against gang-related activity, how sure must the judge be that the conduct occurred? Parliament specified the balance of probabilities. Mr Jones argued that the gravity of the allegation and the restrictions an injunction could impose required proof beyond reasonable doubt. The Supreme Court examined whether the right to […] ...
Last modified: 4th Nov 2026
R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28
Case Summaries
A litigation funder can pay for a claim without instructing the lawyers or deciding how the case is run. In PACCAR, that distinction mattered because the funders’ fees depended on the damages recovered. The Supreme Court had to decide whether providing money alone counted as a claims management service under the legislation governing these agreements. […] ...
Last modified: 4th Nov 2026
TUI UK Ltd v Griffiths [2023] UKSC 48
Case Summaries
TUI waited until closing submissions to attack the reasoning of the only expert who addressed why Mr Griffiths became ill on holiday. The expert had no chance to answer. The Supreme Court explained when fairness requires a party to put its challenge to a witness, and why that mattered even though no one questioned the […] ...
Last modified: 4th Nov 2026
Canada Square Operations Ltd v Potter [2023] UKSC 41
Case Summaries
Mrs Potter sued her lender more than six years after her loan ended, seeking recovery of a large undisclosed PPI commission on the ground that the credit relationship was unfair. The Supreme Court held that the lender’s conscious decision not to tell her about the commission was deliberate concealment of a relevant fact under section […] ...
Last modified: 4th Nov 2026
Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47
Case Summaries
Can an injunction protect land against people whose identity nobody can yet know? A series of cases about unauthorised encampments raised that question. Someone might arrive long after the order was made, obey it immediately on hearing about it, and never have had a chance to tell the court why it should not have been […] ...
Last modified: 4th Nov 2026
Matthew and others v Sedman and others [2021] UKSC 19
Case Summaries
The trustees had until midnight on 2 June 2011 to lodge a claim. They missed the deadline. In the resulting action against them, a single day mattered: did 3 June count as the first of the six years available to sue, even though courts normally exclude the day a cause of action arises? The appellants […] ...
Last modified: 4th Nov 2026
General Dynamics United Kingdom Ltd v State of Libya [2021] UKSC 22
Case Summaries
General Dynamics had an arbitration award against Libya and permission to enforce it in England. The practical obstacle was serving the enforcement order. Could an English court excuse diplomatic service because it was difficult, even though Libya had not agreed another method? General Dynamics United Kingdom Ltd obtained an ICC arbitration award in Geneva on […] ...
Last modified: 4th Nov 2026
CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36
Case Summaries
CPRE Kent’s challenge to a local plan stopped at the permission stage. More than one party had already incurred costs responding. The Supreme Court considered whether each could ordinarily recover reasonable costs of taking the procedural step required to participate. CPRE Kent, a charity seeking to protect the Kent countryside, applied for statutory review under […] ...
Last modified: 4th Nov 2026
Ho v Adelekun [2021] UKSC 43
Case Summaries
This 2021 decision interpreted the version of CPR 44.14 then in force. A personal injury defendant owed costs to the claimant but had a larger costs order in her own favour. Could she cancel one against the other when payment of the settlement had produced no court order for damages? Qualified one-way costs shifting (QOCS) […] ...
Last modified: 4th Nov 2026
Lloyd v Google LLC [2021] UKSC 50
Case Summaries
Mr Richard Lloyd tried to sue Google on behalf of an estimated class of more than four million iPhone users, alleging that Google had secretly tracked their browsing in 2011 and 2012 and that each person should receive the same sum for loss of control of personal data. The Supreme Court held that the Data […] ...
Last modified: 4th Nov 2026
FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45
Case Summaries
Lady Brownlie was seriously injured, and her husband killed, in a road accident in Egypt on a hotel excursion she had booked from England. By a majority, the Supreme Court held that her tort claims against the Egyptian hotel operator passed the English tort gateway because significant damage was sustained in England, not only at […] ...
Last modified: 4th Nov 2026
Serafin v Malkiewicz and others [2020] UKSC 23
Case Summaries
The Supreme Court held that a High Court judge’s hostile and intimidatory interventions towards an unrepresented claimant had made a libel trial unfair, so that no findings from it could stand. The Court of Appeal had rightly identified the unfairness but had wrongly treated liability as concluded and limited the case to an assessment of […] ...
Last modified: 4th Nov 2026
Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11
Case Summaries
The Supreme Court held that the High Court of England and Wales had no jurisdiction over the insurers’ claims against a Dutch bank to recover sums paid under a settlement of a marine hull policy. The bank, as loss payee and beneficiary, was entitled under article 14 of the Brussels Regulation Recast to be sued […] ...
Last modified: 4th Nov 2026
Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34
Case Summaries
The Supreme Court restored a judgment enforcing a parent company’s guarantee of a ship charter. The guarantor’s only evidence of bribery was confessions made in China. The trial judge found that bribery was not proved, and that torture could not be ruled out as a reason for the confessions. The Court of Appeal was wrong […] ...
Last modified: 4th Nov 2026
R (on the application of Gourlay) v Parole Board [2020] UKSC 50
Case Summaries
After successfully judicially reviewing the Parole Board’s refusal to recommend his transfer to open conditions, Mr Gourlay sought his costs. The Board had remained neutral and had not taken part. The Supreme Court dismissed his appeal against the refusal of a costs order, holding that the lower courts made no error of law in applying […] ...
Last modified: 4th Nov 2026
Test Claimants in the Franked Investment Income Group Litigation v Commissioners for Her Majesty’s Revenue and Customs (limitation) [2020] UKSC 47
Case Summaries
The Supreme Court held by a majority that, under section 32(1)(c) of the Limitation Act 1980, a mistake of law is discoverable when the claimant knows or could with reasonable diligence know, with sufficient confidence to justify the preliminaries to a claim, that a worthwhile claim arises. This departed from the view in Deutsche Morgan […] ...
Last modified: 4th Nov 2026
Secretary of State for Health and others v Servier Laboratories Ltd and others (binding effect of EU findings) [2020] UKSC 44
Case Summaries
Could Servier treat findings about the market for a medicine as binding answers to different questions in an English damages action? The Supreme Court held that it could not. The General Court’s partial annulment of a competition decision did not settle how prescribers would have acted or what losses health authorities could recover. Servier developed […] ...
Last modified: 4th Nov 2026
Takhar v Gracefield Developments Limited and others [2019] UKSC 13
Case Summaries
Mrs Takhar sought to set aside a judgment dismissing her claim that properties had been transferred because of undue influence, relying on later handwriting evidence that a profit-share agreement treated as genuine by the trial judge carried a transposed signature. The Supreme Court held that, because fraud had not been alleged at that trial, she […] ...
Last modified: 4th Nov 2026
Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6
Case Summaries
The Supreme Court held that a claimant cannot sue a hit-and-run driver who cannot be identified merely by describing him as the person who drove a particular car at the time of the collision. Ms Bianca Cameron sought a judgment against that unnamed driver so that Liverpool Victoria, which had issued a policy on the […] ...
Last modified: 4th Nov 2026
Vedanta Resources PLC and another v Lungowe and others [2019] UKSC 20
Case Summaries
The Supreme Court dismissed an appeal about whether the English courts had jurisdiction over claims by some 1,826 Zambian villagers for damage allegedly caused by toxic emissions from the Nchanga Copper Mine. Although the connecting factors otherwise pointed overwhelmingly to Zambia, the Court upheld the finding that there was a real risk the claimants would […] ...
Last modified: 4th Nov 2026
Travelers Insurance Company Ltd v XYZ [2019] UKSC 48
Case Summaries
The Supreme Court held that Travelers, the product liability insurer of a clinic sued in group litigation over defective PIP breast implants, was not liable for the costs of claimants whose claims fell outside the insurance. Funding and helping to run the defence of common issues did not, without more, make the insurer an unjustified […] ...
Last modified: 4th Nov 2026
Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38
Case Summaries
The Supreme Court held that the Civil Procedure Rules give non-parties only limited access to the records a court keeps for its own purposes. Courts nevertheless have an inherent power, grounded in open justice, to allow access to documents placed before the court and referred to at a hearing where the applicant shows a good […] ...
Last modified: 4th Nov 2026
Akçil and others v Koza Ltd and another [2019] UKSC 40
Case Summaries
The dispute concerned control of an English company and the authority of trustees appointed to its Turkish parent. For jurisdiction under the Brussels I Recast Regulation, the Supreme Court examined the two claims separately. A dispute about the authority to act for the Turkish company could not be brought within the English company-law jurisdiction simply […] ...
Last modified: 4th Nov 2026
