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Ward LJ (now Sir Alan) marked his retirement in a judgment displaying the wit and wisdom which has brought him so many admirers over the years.
Wright v (1) Michael Wright (Supplies) Ltd (2) Turner Wright Investments Ltd [2013] EWCA Civ
Procedure, AppealsThere is no general rule that an authority like the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction.
Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) Supreme Court TLR 29 March
Procedure, DamagesThe principle that applications for committal for contempt of court be heard in open court applied as much to the Court of Protection and the Family Division as it did to other divisions of the High Court and the discretion to hear a committal application in private should be exercised only in exceptional cases.
The Law Society has issued a practice note giving guidance on the “unbundling” of family services clarifying the extent of the role of solicitors.
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Miss Sue Lascelles Carr, QC, Robert Maurice Jay, Esquire, QC, and His Honour Judge Andrew James Gilbart, QC, have been appointed High Court Judges assigned to the Queen’s Bench Division
Delivering judgment in Khans Solicitors v Chifuntwe [2013] EWCA Civ 481; SJ 14 May, Sir Stephen Sedley said the Treasury Solicitor paid the £6,000 to Chifuntwe, who, “as Khans had warned them might happen – has vanished with it”.
Berg v Blackburn Rovers Football Club & Athletic plc: Chancery Division, Manchester District Registry: 29 April 2013; LSG 9 May
The claimant was employed by the defendant football club as club manager. The terms of his contract of employment were contained in a service agreement signed in November 2012.
Heron v TNT (UK) Ltd and another [2013] EWCA Civ 469, [2013] All ER (D) 28 (May); NLJ 10 May
A non-party costs order may be made against legal representatives, but in every case, such an order was exceptional. Generally speaking, the discretion would not be exercised against “pure funders”.
Harrison and another v Black Horse Ltd [2013] EWHC B5 (Costs) We are grateful to David Bowden of SCM Solicitors for this report
Under the terms of a consent order made by the Supreme Court, the appellants were entitled to their recoverable costs and to be assessed by way of detailed assessment in the Senior Courts Costs Office if not agreed. The costs claimed in respect of the proceedings in the County Court, High Court and Court of Appeal totalled over £1.5m.
Roche Diagnostics Ltd v Mid Yorkshire Hospitals NHS Trust [2013] EWHC 933 (TCC), [2013] All ER (D) 133 (April); NLJ 3 May
The defendant was responsible for a number of hospitals in West Yorkshire. It was seeking to let a managed service contract for the provision of laboratory services at three main centres.
O’Flaherty v Revenue and Customs Commissioners: Upper Tribunal (Tax and Chancery Chamber): 4 April 2013; LSG 2 May
The taxpayer was at the material time the proprietor of a pub and hotel in Liverpool, which he ran as a sole trader. The pub business commenced in 2003 and the hotel business in 2004.
Attorney general v Harkins; Attorney general v Liddle: Queen’s Bench Division: 26 April 2013; LSG 7 May
In February 1993, a two-year-old had been killed by two 11-year-olds (V and T). In November, V and T had been convicted of murder and sentenced to life imprisonment.
Bank of Scotland v Azam Qutb [2012] EWCA Civ 1661; SJ 10 May
The Qutb case started in March 2002 as a possession action brought by the bank in relation to a property which had been sold by Mrs Qutb to the bank’s customer, Mr Hussain, who charged it to the bank. The transfer to Mr Hussain was challenged by Mrs Qutb and eventually set aside. Mr Hussain was convicted of fraud and jailed.
Vaughan v Lewisham Borough Council and others [2013] EWHC 795 (QB), [2013] All ER (D) 226 (April); NLJ 10 May
The parties to litigation should generally be free to prepare for it without the interference of an injunction, statements and publications in the course of defending proceedings were likely to be protected by absolute privilege.
Walker and others v Burton and another and another case [2013] EWHC 811 (Ch), [2013] All ER (D) 201 (April); NLJ 3 May
Clack v Wrigleys Solicitors LLP [2013] All ER (D) 83 (April) Chancery Division, Mr N Strauss QC (Sitting as a Deputy Judge), 15 April 2013; NLJ 26 May
Wyatt v Vince [2013] EWCA Civ 495; NLJ 9 May
Systech International Ltd v P. C. Harrington Contractors Ltd CA TLR 1 January
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