Hearings
England & Wales
01 Sep 2008 [2008] EWHC 2143 (Admin); [2009] CP Rep 6, QBD (Collins J)
11 Mar 2009 [2009] EWCA Civ 171; [2009] 1 WLR 2274; [2009] 3 All ER 340; [2009] 2 P & CR 7; [2009] ACD 31; [2009] CP Rep 27, CA
Bovale Ltd v Secretary of State for Communities and Local Government
Subject Matter
PRACTICE — Practice directions — Jurisdiction to make — Statutory prohibition on giving “practice directions” without consent of Lord Chancellor and Lord Chief Justice — Judge in case management judgment directing procedure to be followed in certain types of proceedings — Directions at variance with Civil Procedure Rules and supplementary practice directions — Whether judgment “practice direction” — Whether guidance as to interpretation of Rules “practice direction” — Whether consent required for judgments including procedural directions of general application where existing Rules and supplementary practice directions making no provision — Whether judge entitled to give directions of general effect — Civil Procedure Act 1997 (as amended by Constitutional Reform Act 2005, s 13, Sch 2, para 6), ss 5(1)(2), 9(2)
[2009] EWCA Civ 171; [2009] 1 WLR 2274; [2009] 3 All ER 340; [2009] 2 P & CR 7; [2009] ACD 31; [2009] CP Rep 27, CA
Appellate History
Bovale Ltd v Secretary of State for Communities and Local Government [2008] EWHC 2143 (Admin); [2009] CP Rep 6, QBD
Decision of Collins J reversed
Bovale Ltd v Secretary of State for Communities and Local Government [2009] EWCA Civ 171; [2009] 1 WLR 2274; [2009] 3 All ER 340; [2009] 2 P & CR 7; [2009] ACD 31; [2009] CP Rep 27, CA
Commentary
Blackstones Civil Practice 2023
Part 8 Procedure - Defendant’s evidence
13.10
Sources of Procedural Law - Inherent jurisdiction 1.2
Sources of Procedural Law - Practice directions 1.7
Sources of Procedural Law - Court guides 1.9