Summary of Recent Cases – Civil Procedure

Guidance As To The Making Of A Committal Order Under CPR r. 71.8

Broomleigh Housing Association Ltd v. Okonkwo, CA, 13/10/10

The Court of Appeal held that the making of a committal order pursuant to CPR r. 71.8 following a judgment debtor’s failure to attend court for questioning about his means, necessitated an exercise of discretion, which in turn required consideration as to the circumstances of the contempt and in particular as to whether, to the criminal standard, the failure to attend was wilful.

Judge Wrongly Exercised Discretion As To Case Management Powers In Striking Out Claim

Norbrook Laboratories Ltd & Anor v. Carr & Anor, CA, 14/10/10

The Court of Appeal held that a judge who had proceeded to dismiss a claim at a Case Management Directions hearing had wrongly exercised his discretion as to his case management powers.

Fairness Dictates That Allegations of Fraud Put To Party To Afford Opportunity To Answer Allegations

Haringey London Borough Council v. Hines, CA, 20/10/10

The Court of Appeal held that the basic principle of fairness requires that in the event of a party being accused of fraud, the particular allegations of fraud being alleged should be put to that party in order that s/he is afforded the opportunity to answer it. This in turn would require the specific allegations to be pleaded and also put in cross examination.

November 25, 2010 · Editorial Team · Comments Closed
Posted in: Cases