Davy International Ltd & Ors v Tazzyman & Ors [1997] EWCA Civ 1586 (1st May, 1997)

Davy International Ltd & Ors v Tazzyman & Ors [1997] EWCA Civ 1586 (1st May, 1997)

The Court of Appeal held that RSC Ord.45, r.7(7) confers a discretion on the court to dispense with service of a copy of an order both prospectively and retrospectively, and that this interpretation is binding based on the earlier decisions in Turner v. Turner and Hill Samuel v. Littaur. The appeal was dismissed as the court preferred and followed these earlier authorities over the conflicting later decisions.

Citation
[1997] EWCA Civ 1586
Parties
Plaintiff/respondent, Applicant/respondent: Davy International Ltd & Ors; Defendant/appellant: Tazzyman & Ors; Respondent/appellant: Hergert Durnig & Ors
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Enforcement of Court Orders, Anton Piller Orders, Service of Orders, Dispensation With Service, Committal for Contempt
Civil Procedure Contempt of Court Enforcement of Court Orders Anton Piller Orders Service of Orders Dispensation With Service Committal for Contempt

Case Brief

Summary, issues, holding and outcome

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Parties

Davy International Ltd & Ors

Plaintiff/respondent, Applicant/respondent

Tazzyman & Ors

Defendant/appellant

Hergert Durnig & Ors

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the court's power under RSC Ord.45, r.7(7) to dispense with service of a copy of an order can be exercised retrospectively for mandatory orders.
  2. 2 Whether previous Court of Appeal decisions bind the court on the interpretation of RSC Ord.45, r.7(7).

Ratio Decidendi

The Court of Appeal held that RSC Ord.45, r.7(7) confers a discretion on the court to dispense with service of a copy of an order both prospectively and retrospectively, and that this interpretation is binding based on the earlier decisions in Turner v. Turner and Hill Samuel v. Littaur. The appeal was dismissed as the court preferred and followed these earlier authorities over the conflicting later decisions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to include the costs of the respondent's notice.
  • Leave to appeal to the House of Lords refused.