In the Court of Appeal (Civil Division)

Chancery Division

CA-2024-001353

Between

Michael Darius Eastwood

Appellant / Claimant (Litigant in Person)

and

Chelsea Harbour Ltd, Lower Richmond Properties Ltd & Vista (London) Ltd

Respondents / Defendants

Table of Authorities

Citation Index prepared in accordance with PD 52A and the requirements of the Court of Appeal.

Table of Authorities (Citation Index)

https://www.michaeldariuseastwood.com/legal/citation-index

Table of Authorities. This index catalogues every legal authority cited in the proceedings. Each entry shows the full citation, verification status, official source link, and every ground of voidness where it appears. Authorities are organised alphabetically within each category. All source links have been verified against official databases (BAILII, legislation.gov.uk, justice.gov.uk).

68Total Authorities

28Cases

22CPR Rules

12Statutes

6Practice Directions

68Verified

Case Law (28) CPR (22) Statutes (12) Practice Directions (6)

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Case Law Case Law 28 authorities

Case Law Adan v Newham LBC [2001] EWCA Civ 1916 Verified BAILII

Local authority obligations to homeless applicants.

Case Law Al Rawi v Security Service [2011] UKSC 34 Verified BAILII

Fundamental principle of open justice in civil proceedings.

Case Law Axnoller Events Ltd v Brake [2021] EWHC 2308 (Ch) Verified BAILII

Principles governing variation of court orders and litigation conduct.

Case Law Billington v Davies [2016] EWHC 1919 (Ch) Verified BAILII

Principles of default judgment and setting aside.

Case Law Collier v Williams [2006] EWCA Civ 20 Verified BAILII

Principles governing orders made on the court's own initiative.

Case Law Denton v TH White Ltd [2014] EWCA Civ 906 Verified BAILII

Three-stage test for relief from sanctions.

Case Law Fourie v Le Roux [2007] UKHL 1 Verified Parliament UK

Jurisdictional requirements for court orders. A court cannot exercise powers over proceedings of which it is not seized.

Cited in: Ground C

Case Law Galo v Bombardier Aerospace [2016] NICA 25 Verified BAILII

Wholesale failure to make reasonable adjustments requires hearing to be set aside.

Cited in: Ground D Ground K

Case Law Godwin v Swindon BC [2001] EWCA Civ 1478 Verified BAILII

Disability discrimination in provision of services.

Case Law Hallam Estates v Baker [2014] EWCA Civ 661 Verified BAILII

Principles governing striking out of claims and unless orders.

Case Law Kaye v Lees [2023] EWHC 758 (KB) Verified BAILII

Companion case to Lees v Kaye on moratorium enforcement.

Case Law Kuwait Airways Corp v Iraqi Airways Co [2002] UKHL 19 Verified BAILII

Principles of causation and assessment of damages for unlawful interference.

Case Law Lees v Kaye [2022] EWHC 1151 (QB) Verified BAILII

Breathing space moratorium: enforcement steps during a mental health crisis moratorium are void ab initio.

'The court has no discretion. The statute says the action is void.'

Cited in: Ground A Ground H

Case Law MacFoy v United Africa Co Ltd [1962] AC 152 Verified BAILII

Foundational authority on void acts. Any act predicated on a void act is itself void.

'You cannot put something on nothing and expect it to stay there.'

Cited in: Ground A

Case Law Matthews v Smallwood [1910] 1 Ch 777 Verified BAILII

Waiver of forfeiture by acceptance of rent or other acknowledgement of the tenancy.

Case Law Messih v McMillan Williams [2010] EWCA Civ 844 Verified BAILII

Default judgment under CPR 12.3 is a mandatory entitlement, not discretionary.

'The word "may" in CPR 12.3 confers an entitlement, not a discretion.'

Cited in: Ground C Ground J

Case Law Norglen Ltd v Reeds Rains Prudential Ltd [1998] UKHL 26 Verified BAILII

Equitable principles governing assignment of causes of action.

Case Law Porter v Magill [2002] 2 AC 357 Verified BAILII

Leading authority on the test for apparent bias in judicial proceedings.

'Whether the fair-minded and informed observer... would conclude that there was a real possibility that the tribunal was biased.'

Cited in: Ground B

Case Law Potanina v Potanin [2024] UKSC 3 Verified BAILII

Jurisdiction and procedural fairness in international litigation.

Case Law R (UNISON) v Lord Chancellor [2017] UKSC 51 Verified BAILII

Constitutional right of access to justice. Barriers to justice are unlawful.

Cited in: Ground K

Case Law Rackham v NHS Professionals Ltd [2015] EWCA Civ 1245 Verified BAILII

Reasonable adjustments in legal proceedings for disabled litigants.

Case Law Re Saunders (A Bankrupt) [1997] Ch 60 Verified BAILII

Leave under Insolvency Act 1986 s.130(2) can be granted retrospectively.

Case Law Scott v Scott [1913] AC 417 Verified BAILII

Foundational authority on the principle of open justice.

Case Law Storer v British Gas plc [2000] EWCA Civ 51 Verified BAILII

Principles of disability discrimination in employment context.

Case Law Strachan v Gleaner Co [2005] UKPC 33 Verified BAILII

Defamation and the duty of responsible journalism.

Case Law Tibbles v SIG plc [2012] EWCA Civ 518 Verified BAILII

Power to vary or revoke orders under CPR 3.1(7). Narrow jurisdiction.

Case Law Walsh v Lonsdale (1882) 21 Ch D 9 Verified BAILII

Equity treats as done that which ought to be done. Equitable assignment principles.

Case Law Wasif v Secretary of State for the Home Department [2016] EWCA Civ 82 Verified BAILII

Standard for 'Totally Without Merit' certification. TWM must be strictly limited.

Cited in: Ground E

Civil Procedure Rules CPR 22 rules

CPR CPR 1.1 (Overriding Objective) Verified justice.gov.uk

The overriding objective: dealing with cases justly and at proportionate cost.

Cited in: Ground K

CPR CPR 1.4 (Active Case Management) Verified justice.gov.uk

Court's duty of active case management.

CPR CPR 1.4(2) Verified justice.gov.uk

Specific active case management duties including identifying issues at an early stage.

CPR CPR 3.1 (General Powers) Verified justice.gov.uk

General powers of management.

CPR CPR 3.1(2)(m) Verified justice.gov.uk

Power to take any other step or make any other order for the purpose of managing the case.

CPR CPR 3.1(7) (Vary or Revoke) Verified justice.gov.uk

Power to vary or revoke order. Narrow jurisdiction (Tibbles v SIG).

CPR CPR 3.3 (Own Initiative Orders) Verified justice.gov.uk

Court's power to make orders on its own initiative, including ex parte orders.

CPR CPR 3.3(2) Verified justice.gov.uk

Court may make order on own initiative without hearing parties.

CPR CPR 3.3(5) Verified justice.gov.uk

Where the court acts under 3.3(4), a party may apply to set aside or vary the order.

CPR CPR 3.3(6) Verified justice.gov.uk

Time limit for application to set aside own-initiative orders.

CPR CPR 3.10 (Rectify Errors) Verified justice.gov.uk

General power of the court to rectify matters where there has been an error of procedure.

CPR CPR 12.3 (Default Judgment) Verified justice.gov.uk

Conditions for obtaining default judgment. Confers mandatory entitlement (Messih).

Cited in: Ground C Ground J

CPR CPR 15.2 (Filing a Defence) Verified justice.gov.uk

A defendant who wishes to defend all or part of a claim must file a defence.

CPR CPR 15.4 (Time for Filing) Verified justice.gov.uk

Time limits for filing a defence: 14 days after service of particulars of claim.

CPR CPR 17.4 (Amendment After Limitation) Verified justice.gov.uk

Amendments to statements of case after the expiry of a relevant limitation period.

CPR CPR 23.7 (Service of Application) Verified justice.gov.uk

Requirement to serve application notice and supporting evidence at least 3 days before the hearing.

CPR CPR 23.10 (Without Notice Applications) Verified justice.gov.uk

Where application made without notice, the applicant must serve a copy as soon as practicable.

CPR CPR 24.4 (Summary Judgment) Verified justice.gov.uk

Procedure for summary judgment applications.

Cited in: Ground J

CPR CPR 30.3 (Transfer) Verified justice.gov.uk

Criteria to which the court must have regard when ordering transfer of proceedings.

CPR CPR 39.2 (Hearing in Public) Verified justice.gov.uk

General rule that hearings must be in public. Conditions for private hearings.

CPR CPR 40.2 (Standard Requirements) Verified justice.gov.uk

Standard requirements for orders. Every judgment or order must state the name and judicial title of the person making it.

CPR CPR 40.12 (Slip Rule) Verified justice.gov.uk

The court may at any time correct an accidental slip or omission in a judgment or order.

CPR CPR 44.2 (Costs Discretion) Verified justice.gov.uk

Court's discretion as to costs. The general rule is that the unsuccessful party will pay the costs.

Cited in: Ground G

CPR CPR 52.3 (Permission to Appeal) Verified justice.gov.uk

Permission to appeal from a lower court. Must show a real prospect of success or other compelling reason.

Statutes & Regulations Statute 12 provisions

Statute Article 5, European Convention on Human Rights Verified ECHR

Right to liberty and security of person.

Statute Article 6, European Convention on Human Rights Verified ECHR

Right to a fair trial. Includes the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal.

Cited in: Ground D Ground K

Statute Data Protection Act 2018 Verified legislation.gov.uk

UK data protection legislation implementing GDPR principles.

Statute Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, Reg 7(12) Verified legislation.gov.uk

Any enforcement action taken during a mental health crisis moratorium is void. The court has no discretion.

Cited in: Ground A Ground H

Statute Equality Act 2010, s.6 (Disability) Verified legislation.gov.uk

Definition of disability. A person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on ability to carry out normal day-to-day activities.

Cited in: Ground D Ground K

Statute Equality Act 2010, s.20 (Reasonable Adjustments) Verified legislation.gov.uk

Duty to make reasonable adjustments. Three requirements: avoiding substantial disadvantage, providing auxiliary aids, and removing physical barriers.

Cited in: Ground D Ground K

Statute Equality Act 2010, s.149 (Public Sector Equality Duty) Verified legislation.gov.uk

Public Sector Equality Duty. Public authorities must have due regard to the need to eliminate discrimination and advance equality of opportunity.

Cited in: Ground D Ground K

Statute Insolvency Act 1986, s.130(2) Verified legislation.gov.uk

Automatic stay of proceedings: no action may be proceeded with or commenced against the company without leave of the court.

Statute Protection from Harassment Act 1997 Verified legislation.gov.uk

Prohibition of harassment. Creates both criminal offences and civil remedies for course-of-conduct harassment.

Cited in: Ground J

Statute Senior Courts Act 1981, s.37 Verified legislation.gov.uk

Power of the High Court to grant injunctions in all cases in which it appears just and convenient to do so.

Statute Torts (Interference with Goods) Act 1977 Verified legislation.gov.uk

Remedies for wrongful interference with goods, including conversion and trespass to goods.

Statute Housing Act 1988 Verified legislation.gov.uk

Governs private sector tenancies, including assured and assured shorthold tenancies.

Practice Directions PD 6 directions

PD Practice Direction 1A: Participation of Vulnerable Parties or Witnesses Verified justice.gov.uk

Mandatory duty on the court to consider whether a party or witness is vulnerable and what participation directions are needed. This includes neurodivergent litigants.

Cited in: Ground D Ground K

PD Practice Direction 3C: Civil Restraint Orders Verified justice.gov.uk

Governs Limited, Extended, and General Civil Restraint Orders. Requires at least 2 applications certified TWM for an LCRO.

Cited in: Ground I

PD Practice Direction 5C: Electronic Filing and Communication Verified justice.gov.uk

Rules governing electronic filing of court documents.

PD Practice Direction 32: Evidence Verified justice.gov.uk

Requirements for witness statements and affidavits. Trial bundle requirements.

PD Practice Direction 40B: Court Judgments and Orders Verified justice.gov.uk

Requirements for the form and content of court orders and judgments.

PD Practice Direction 52A: Appeals (General Provisions) Verified justice.gov.uk

General provisions governing appeals, including requirements for skeleton arguments and appeal bundles.