- Cited — Hughes Jarvis Ltd vSearle & Anor 2019-01-15
“…a claim during the trial rather than proceeding to a determination of the merits can be found in the decisions of this Court in Masood v Zahoor (Practice Note) [2010] 1 WLR 746 (“Masood”) and…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…he court, but it will only do so at the end of a trial in very exceptional circumstances. Some assistance is to be derived from Masood v Zahoor (Practice Note) [2010] 1 WLR 746, where the judgment of the Court of Appeal (comprising Mummery, Dyson and Jacob LJJ) was given by Mummery LJ. It had been argued that the judge should have str…”
- Followed — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…The Court of Appeal expressed its conclusions of principle as follows [2010] 1 WLR 746, paras 72–73:…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…We agree with the Court of Appeal in Masood v Zahoor [2010] 1 WLR 746, para 72, quoted above that, while the court has power to strike a claim out at the end of a trial, it would only do so if it were satisfied that the party's a…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…In reaching this conclusion Lord Clarke agreed with the approach of the Court of Appeal in Masood v Zahoor [2010] 1 WLR 746 and cited passages from the judgment in that case at [38]. Those passages recognised that “in theory” a judge could conclude at the end of hearing that the abu…”