Results: 82

• Carboex SA v Louis Dreyfus Commodities Suisse SA (The Alpha Glory)

  12 May 2011 [2011] EWHC 1165 (Comm); [2011] 2 All ER (Comm) 365; [2011] 2 Lloyd's Rep 177; [2011] 1 CLC 954, QBD (Field J)

  19 Jun 2012 [2012] EWCA Civ 838; [2013] QB 789; [2013] 2 WLR 754; [2012] 2 All ER (Comm) 1039; [2012] 2 Lloyd's Rep 379; [2012] 2 CLC 416; [2012] WLR (D) 179; (2012) 162 NLJ 911, CA (Lord Neuberger of Abbotsbury MR, Moore-Bick, Toulson LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  SHIPPING — Charterparty — Construction
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  Case index catchwords

  SHIPPING — Charterparty — Construction — Contract of affreightment containing strike provision — Discharge of cargo delayed by congestion in port due to strike action before vessels’ arrival at port — Whether strike exception applying to vessel unable to berth due to berth congestion caused by strike or only to vessel at quayside ready to discharge — Whether owners or charterers liable for delay — American Welsh Coal Charter form (1979 amendment), cl 9

  5 Case(s) considered

  1 Standard Form considered
• Williams v Central Bank of Nigeria

  03 Apr 2012 [2012] EWCA Civ 415; [2013] QB 499; [2012] 3 WLR 1501; [2012] 3 All ER 579; [2012] WLR (D) 108, CA

  19 Feb 2014 [2014] UKSC 10; [2014] AC 1189; [2014] 2 WLR 355; [2014] 2 All ER 489; [2014] WLR (D) 88; Case details, SC(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 61.
  LIMITATION OF ACTION — Fraudulent breach of trust — Dishonest assistance
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  Case index catchwords

  LIMITATION OF ACTION — Fraudulent breach of trust — Dishonest assistance — Claim against bank alleging that it was party to fraudulent breach of trust by trustee — No action brought against trustee — Whether “action by a beneficiary under a trust … in respect of … fraudulent breach of trust to which the trustee was a party or privy” — Whether exception to time bar restricted to actions brought against trustee — Whether claim statute-barred — Limitation Act 1980, s 21(1)(3)

  10 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Melloni v Ministerio Fiscal

  26 Feb 2013 (Case C-399/11); EU:C:2013:107; EU:C:2012:600; [2013] QB 1067; [2013] 3 WLR 717; [2013] All ER (EC) 475; [2013] 2 CMLR 43; [2013] WLR (D) 83, ECJ

  Subsequent considerations : 2 positive; 1 neutral; most recently considered: 2023. Subsequent citations: 26.
  EUROPEAN UNION — Justice and home affairs — European arrest warrant

  EUROPEAN UNION — Police and judicial cooperation in criminal matters — European arrest warrant
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  Case index catchwords

  EUROPEAN UNION — Justice and home affairs — European arrest warrant — Defendant convicted and sentenced in absence — Warrant issued for purposes of execution of sentence — Whether executing authority precluded from making defendant’s surrender conditional upon right to have conviction reviewed — Whether such preclusion compatible with right to fair trial and right of defence — Whether executing authority entitled to make execution of warrant conditional on grounds of infringement of defendant’s fundamental rights guaranteed by national law — Council Framework Decision 2002/584/JHA, art 4a(1) (as inserted by Council Framework Decision 2009/299/JHA, art 2) — Charter of Fundamental Rights of the European Union, arts 47, 48, 53

  EUROPEAN UNION — Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Decisions rendered at the end of proceedings in which the person concerned has not appeared in person — Execution of a sentence pronounced in absentia — Possibility of review of the judgment

  2 Case(s) considered

  2 EU Enactments considered

• R v Kenny (Mark)

  30 Jan 2013 [2013] EWCA Crim 1; [2013] QB 896; [2013] 3 WLR 59; [2013] 3 All ER 85; [2013] Lloyd's Rep FC 213; [2013] 1 Cr App R 23; [2013] Crim LR 606; The Times, 12 February 2013; [2013] WLR (D) 37; [2013] CP Rep 23, CA

  Subsequent citations: 1.
  CRIME — Common law offence — Perverting course of justice
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  Case index catchwords

  CRIME — Common law offence — Perverting course of justice — Defendant breaching restraint order — Breach involving no illegality independent of breach itself — Defendant charged with conspiracy to pervert course of justice — Whether o›ence of perverting course of justice conned to acts giving rise to some other independent criminal wrongdoing — Whether simple breach of restraint order within ambit of acts tending to pervert course of justice — Whether having tendency and intended to pervert administration of public justice

• R (ToTel Ltd) v First-tier Tribunal (Tax Chamber)

  24 Mar 2011 [2011] EWHC 652 (Admin); [2012] QB 358; [2012] 2 WLR 435; [2011] STC 1485, QBD (Simon J)

  31 Oct 2012 [2012] EWCA Civ 1401; [2013] QB 860; [2013] 2 WLR 1136; [2013] STC 1557; [2012] WLR (D) 303, CA

  Subsequent citations: 9.
  REVENUE — Value added tax — Appeal
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  Case index catchwords

  REVENUE — Value added tax — Appeal — Taxpayer appealing commissioners’ assessment for recovery of previously credited input VAT — Taxpayer applying on hardship grounds not to pay disputed tax before appeal entertained — Commissioners and tribunal refusing hardship application — Whether abolition of right of appeal against tribunal’s hardship decision unlawful — Whether requirement to pay disputed input tax prior to appeal incompatible with European Union law — Whether taxpayer’s Convention rights infringed — Value Added Tax Act 1994, s 84(3)(3B)(3C) (as amended by Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009, art 3, Sch 1, paras 216, 221(1)(3)(5)) — Human Rights Act 1998, Sch 1, Pt I, art 6, Pt II, art 1 — Tribunals, Courts and Enforcement Act 2007, s 11 — Finance Act 2008, s 124

  7 Case(s) considered

  4 Statutes considered

• R (Rudewicz) v Secretary of State for Justice

  24 Apr 2012 [2012] EWCA Civ 499; [2013] QB 410; [2012] 3 WLR 901; [2012] WLR (D) 121, CA

  Subsequent citations: 5.
  BURIAL — Disinterment — Licence
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  Case index catchwords

  BURIAL — Disinterment — Licence — Remains of priest belonging to Polish branch of Roman Catholic religious order interred in grounds of institution formerly owned by order — Order, supported by its superiors, applying for licence to remove remains to nearby cemetery — Strong objection to grant of licence by distant relative and by Polish community — Secretary of State granting licence — Whether presumption of permanence of burial applicable on application for licence — Whether Convention rights engaged — Whether decision to grant licence proportionate — Whether irrational — Burial Act 1857, s 25 — Human Rights Act 1998, Sch 1, Pt I, arts 8, 9

  2 Case(s) considered

  2 Statutes considered

• Wright v Cambridge Medical Group

  09 Jun 2011 [2011] EWCA Civ 669; [2013] QB 312; [2012] 3 WLR 1124; [2011] WLR (D) 189, CA

  Subsequent citations: 3.
  MEDICAL PRACTITIONER — Negligence — Causation
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  Case index catchwords

  MEDICAL PRACTITIONER — Negligence — Causation — General practitioner negligently delaying referral of claimant to hospital — Delay resulting in pain and suffering — On referral claimant receiving inadequate treatment in hospital — Delay in providing effective hospital treatment resulting in permanent injury to claimant's hip — Full recovery probable had referral been made and appropriate treatment given promptly — Whether general practitioner liable in negligence for initial pain and suffering — Whether that damage divisible from later pain and suffering — Whether capable of founding liability for permanent injury suffered in hospital — Whether presumption that claimant would have received competent and appropriate treatment in hospital had she been referred at right time — Whether presumption rebuttable or rebutted — Whether factual causal link between general practitioner's negligence and permanent injury — Whether fair just and reasonable that scope of general practitioner's duty extend to permanent injury suffered by claimant — Whether loss of chance principles extending to clinical negligence cases

  6 Case(s) considered
• R v Clinton; R v Parker; R v Evans

  17 Jan 2012 [2011] EWCA Crim 2; [2013] QB 1; [2012] 3 WLR 515; [2012] 2 All ER 947; [2012] 1 Cr App R 362; [2012] Crim LR 539; The Times, 30 January 2012; [2012] WLR (D) 2, CA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  CRIME — Homicide — Loss of self-control
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  Case index catchwords

  CRIME — Homicide — Loss of self-control — Partial defence to murder — Whether defence capable of being made out where one of its components absent — Qualifying triggers — Whether objective evaluation required — Sexual infidelity expressly excluded from consideration as qualifying trigger — Whether evidence of sexual infidelity admissible as part of context for evaluating qualifying triggers — Circumstances in which defence to be withdrawn from jury — Coroners and Justice Act 2009, ss 54, 55

  1 Statute considered

• Certain Limited Partners in Henderson PFI Secondary Fund II LLP v Henderson PFI Secondary Fund II LLP

  16 Nov 2012 [2012] EWHC 3259 (Comm); [2013] QB 934; [2013] 2 WLR 1297; [2013] 2 All ER (Comm) 189; [2012] WLR (D) 348, QBD (Cooke J)

  Subsequent citations: 3.
  PARTNERSHIP — Limited partnership — Derivative claim
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  Case index catchwords

  PARTNERSHIP — Limited partnership — Derivative claim — General partner appointing sister company as partnership manager — General partner and manager causing partnership to make investments which limited partners subsequently claimed to be unauthorised — Whether limited partners entitled to bring derivative claims on behalf of partnership against general partner and manager — Whether limited partners having individual claims against general partner precluding derivative action — Whether special circumstances existing to justify derivative claim against manager — Factors to be taken into account — Whether derivative claim to be allowed in circumstances — Whether limited partner bringing derivative claim losing limited liability because it “takes part in the management of the partnership business” — Limited Partnerships Act 1907, s 6(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R v Oakes (R v Restivo, R v Roberts, R v Simmons, R v Stapleton)

  21 Nov 2012 [2012] EWCA Crim 2435; [2013] QB 979; [2013] 3 WLR 137; [2013] 2 All ER 30; [2013] 2 Cr App R (S) 22; [2012] WLR (D) 338, CA

  Subsequent citations: 8.
  CRIME — Sentence — Life imprisonment
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  Case index catchwords

  CRIME — Sentence — Life imprisonment — Defendants sentenced to mandatory and discretionary terms of life imprisonment — Whole life minimum terms specified — Whether sentence without prospect of release constituting inhuman and degrading treatment — Whether whole life minimum term compatible with defendant’s Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Criminal Justice Act 2003, s 269(4), Sch 21, para 4 (as amended by Counter-Terrorism Act 2008, s 75(1)(2)(c))

  2 Case(s) considered

  2 Statutes considered