Articles tagged as Civil Procedure

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Civil Procedure

Latest Law Papers tagged as Civil Procedure

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Barton v Wright Hassall LLP [2018] UKSC 12

Case Summaries

Mr Barton, a litigant in person, emailed his claim form to the defendant's solicitors on the day before it expired, without any prior written indication that they would accept service by email. It was common ground that this was not good service. By a majority, the Supreme Court held that there was no good reason […] ...

Last modified: 4th Nov 2026

Warner v Scapa Flow Charters [2018] UKSC 52

Case Summaries

Debbie Warner sued the operator of a motor vessel after her husband died during a diving charter in August 2012. The operator argued that the Athens Convention barred the action because it had not been brought within two years of the date on which he should have left the vessel. The Supreme Court held that […] ...

Last modified: 4th Nov 2026

JSC BTA Bank v Khrapunov [2018] UKSC 19

Case Summaries

The Supreme Court dismissed Mr Khrapunov’s challenge to the English court’s jurisdiction over a claim that he conspired with Mr Ablyazov to conceal assets in breach of a freezing order and a receivership order. Contempt of court could be unlawful means for the tort of conspiracy even if it was not independently actionable, and there […] ...

Last modified: 4th Nov 2026

AMT Futures Limited v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH [2017] UKSC 13

Case Summaries

The Supreme Court held that the English courts had no jurisdiction under article 5.3 of the Judgments Regulation to hear a London broker’s claim that a German law firm had induced clients to sue in Germany in breach of exclusive English jurisdiction clauses. The direct harm was the expenditure caused by those German proceedings, so […] ...

Last modified: 3rd Nov 2026

Plevin v Paragon Personal Finance Ltd (costs) [2017] UKSC 23

Case Summaries

After the Supreme Court had ordered Paragon to pay Mrs Plevin’s costs, those costs were assessed at £751,463.84, including a solicitors’ success fee and a £531,235 after-the-event insurance premium. The Court confirmed that assessment. Funding arrangements made before 1 April 2013 could still support recovery of those items when later extended for appeals in the […] ...

Last modified: 3rd Nov 2026

Times Newspapers Ltd v Flood and related appeals (costs) [2017] UKSC 33

Case Summaries

Three newspaper publishers challenged orders to pay the extra costs of their opponents’ litigation funding. The question was how to protect freedom of expression when claimants had already incurred costs in reliance on a scheme approved by Parliament and the House of Lords. Times Newspapers Ltd v Flood and Miller v Associated Newspapers Ltd were […] ...

Last modified: 3rd Nov 2026

BPP Holdings Ltd and others v Commissioners for Her Majesty’s Revenue and Customs [2017] UKSC 55

Case Summaries

The Supreme Court dismissed HMRC’s appeal and upheld a First-tier Tribunal order debarring HMRC from defending the surviving VAT appeal. The bar followed HMRC’s failure to provide the further information required by a tribunal direction. An appellate court should interfere with such a case-management decision only where it is unjustifiable. The VAT dispute and the […] ...

Last modified: 3rd Nov 2026

Goldtrail Travel Limited v Onur Air Taşimacilik AŞ [2017] UKSC 57

Case Summaries

The Supreme Court held that a company given permission to appeal cannot be required to pay the judgment sum into court if that condition would probably stop the appeal. The company must show, on the balance of probabilities, that its owner or another closely associated person would not make the necessary funds available to it; […] ...

Last modified: 3rd Nov 2026

Gordon and others, as the Trustees of the Inter Vivos Trust of the late William Strathdee Gordon v Campbell Riddell Breeze Paterson LLP [2017] UKSC 75

Case Summaries

The trustees spent money trying to recover two fields. They learned only later that their solicitors’ notices to quit were defective. For the five-year Scottish prescription rule the Court applied in 2017, did time start when the trustees knew they had incurred the expense, or only when they understood why it had been wasted? The […] ...

Last modified: 3rd Nov 2026

Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80

Case Summaries

Lady Brownlie sought to sue a Canadian Four Seasons holding company in England for deaths and injuries caused by a car crash in Egypt during an excursion booked through the Cairo hotel. The Supreme Court held that the company was not a proper defendant, so the English court had no jurisdiction over the claims against […] ...

Last modified: 3rd Nov 2026

Ministry of Defence v Iraqi Civilians [2016] UKSC 25

Case Summaries

Iraqi civilians sued the Ministry of Defence in England over alleged unlawful detention and ill-treatment by British forces in Iraq. Iraqi law governed the claims and imposed a three-year limitation period, but the claimants said time had stopped running because Iraqi law made proceedings against the British government impossible in Iraq. The Supreme Court held […] ...

Last modified: 3rd Nov 2026

Willers v Joyce and another (No 2) [2016] UKSC 44

Case Summaries

An English judge faced a House of Lords decision which required a claim to be struck out and a later Privy Council decision whose reasoning pointed the other way. The Supreme Court held that a decision of the Judicial Committee of the Privy Council is not binding in England and Wales and cannot displace a […] ...

Last modified: 3rd Nov 2026