Results: 58

• R (JJ Management Consulting LLP) v Revenue and Customs Comrs

  25 Jul 2019 [2019] EWHC 2006 (Admin); [2020] QB 619; [2020] 2 WLR 195; [2019] STC 1772; [2019] WLR (D) 493, QBD (Nugee J)

  22 Jun 2020 [2020] EWCA Civ 784; [2021] QB 257; [2020] 3 WLR 545; [2020] 4 All ER 212; [2020] STC 1422; [2020] WLR (D) 359, CA (Simler, Popplewell LJJ)

  14 May 2021 (appn dis) [2021] 1 WLR 3634, SC(E) (Lord Briggs, Lady Arden, Lord Hamblen JJSC)

  REVENUE — Income tax — Assessment
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  Case index catchwords

  REVENUE — Income tax — Assessment — Revenue conducting informal investigation into taxpayers’ tax affairs — Whether revenue having power to conduct such investigation — Proper approach to judicial review of decision to conduct such investigation — Taxes Management Act 1970 (c 9), ss 1, 9A — Commissioners for Revenue and Customs Act 2005 (c 11), ss 5, 9 — Finance Act 2008 (c 9), Sch 36

  3 Case(s) considered

  2 Statutes considered

• QX v Secretary of State for the Home Department

  15 May 2020 [2020] EWHC 1221 (Admin); [2021] QB 315; [2020] 3 WLR 914; [2020] WLR(D) 291, QBD (Farbey J)

  Subsequent citations: 3.
  TERRORISM — Counter-terrorism — Temporary exclusion order
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  Case index catchwords

  TERRORISM — Counter-terrorism — Temporary exclusion order — British citizen outside United Kingdom made subject to temporary exclusion order — Secretary of State imposing post-return obligations on citizen’s return to United Kingdom — Citizen applying for statutory review of post-return obligations — Level of disclosure required on review — Whether Convention right to fair trial applying to statutory review procedure — Whether imposition of post-return obligations falling within hard core of public-authority prerogatives so as not to attract right to fair trial — Whether determination of citizen’s “civil rights” involved in review of post-return obligations — Immigration Act 1971 (c 77), ss 1(1), 2(1) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6(1), 8 — Counter-Terrorism and Security Act 2015 (c 6), ss 2, 9, 11(2)(d)

  4 Case(s) considered

  3 Statutes considered
• FM Capital Partners Ltd v Marino

  11 Jul 2018 [2018] EWHC 1768 (Comm), QBD (Cockerill J)

  01 Nov 2018 [2018] EWHC 2905 (Comm), QBD (Cockerill J)

  26 Feb 2020 [2020] EWCA Civ 245; [2021] QB 1; [2020] 3 WLR 109; [2020] WLR(D) 113, CA (Irwin, Simler LJJ, Sir Jack Beatson)

  Subsequent considerations : 1 positive. Subsequent citations: 26.
  TORT — Cause of action — Deceit

  RESTITUTION — Tort — Bribery
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  Case index catchwords

  TORT — Cause of action — Deceit

  RESTITUTION — Tort — Bribery — Defendant directors of claimant company receiving commissions from bank — Claimant bringing claim for breach of fiduciary duty, dishonest assistance and bribery — Second defendant settling claims against him before matter coming to trial — Trial of remaining claims split into two phases — First defendant found to be liable in first phase — Claimant electing account of profits and restitution of bribes — Claimant giving credit for sums recovered from second defendant by allocating bulk of monies recovered to second phase — Whether recoveries from settling defendant relevant to obligation to make restitution for receipt of bribes — Whether claimant having choice of how recoveries to be allocated

  8 Case(s) considered

• James v White Lion Hotel

  15 Jan 2021 [2021] EWCA Civ 31; [2021] QB 1153; [2021] 2 WLR 911; [2021] WLR(D) 29, CA (King, Nicola Davies, Elisabeth Laing LJJ)

  Subsequent citations: 1.
  OCCUPIERS’ LIABILITY — “Common duty of care” — Visitor’s knowledge of danger
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  Case index catchwords

  OCCUPIERS’ LIABILITY — “Common duty of care” — Visitor’s knowledge of danger — Guest falling from hotel window — Hotel pleading guilty to criminal offence under health and safety legislation — Whether hotel in breach of common duty of care — Whether finding of breach of duty inevitable given uncontested facts of criminal conviction — Whether guest’s knowledge and acceptance of risk precluding finding of breach of duty — Occupiers’ Liability Act 1957 (c 31), s 2 — Health and Safety at Work etc Act 1974 (c 37), ss 3, 47

  4 Case(s) considered

  2 Statutes considered

• Croydon London Borough Council v Kalonga

  02 Jun 2020 [2020] EWHC 1353 (QB); [2020] 1 WLR 4809; [2020] WLR(D) 319, QBD (Tipples J)

  27 Jan 2021 [2021] EWCA Civ 77; [2021] QB 962; [2021] 2 WLR 1069; [2021] WLR(D) 63, CA (King, Asplin, Arnold LJJ)

  19 Apr 2021 Permission to appeal to Supreme Court given

  09 Mar 2022 [2022] UKSC 7; [2022] 2 WLR 592; [2022] 3 All ER 885, SC(E) (Lord Briggs, Lord Kitchin, Lord Leggatt, Lord Stephens JJSC, Lady Arden)

  Subsequent citations: 3.
  HOUSING — Secure tenancy — Claim for possession
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  Case index catchwords

  HOUSING — Secure tenancy — Claim for possession — Tenant occupying property pursuant to fixed-term flexible tenancy granted by local authority landlord — No forfeiture clause in tenancy agreement — Whether landlord entitled to seek possession prior to expiry of fixed term — Housing Act 1985 (c 68) (as amended by Anti-social Behaviour Act 2003 (c 38), s 14(1), Housing and Regeneration Act 2008 (c 17), s 299, Sch 11, para 2 and Localism Act 2011 (c 20), s 154), ss 82(1)(b)(1A), 107A

  HOUSING — Secure tenancy — Claim for possession — Tenant occupying property pursuant to fixed term flexible tenancy granted by local authority landlord — No forfeiture clause in tenancy agreement — Whether landlord entitled to seek possession prior to expiry of fixed term — Housing Act 1985 (c 68), s 82

  HOUSING — Secure tenancy — Claim for possession — Tenant occupying property pursuant to fixed term secure tenancy — Whether landlord entitled to bring claim for possession before expiry of fixed term without relying on forfeiture clause — Housing Act 1985 (c 68), s 82

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R (Day) v Shropshire Council

  19 Dec 2019 [2019] EWHC 3539 (Admin), QBD (Lang J)

  23 Dec 2020 [2020] EWCA Civ 1751; [2021] QB 1127; [2021] 2 WLR 1049; [2021] WLR(D) 7, CA (David Richards, Hickinbottom, Andrews LJJ)

  15 Feb 2022 (appn all) [2022] 1 WLR 1851, SC(E) (Lord Kitchin, Lord Sales, Lord Leggatt JJSC)

  PLANNING — Development — Planning permission

  LOCAL GOVERNMENT — Powers — Sale of land
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  Case index catchwords

  PLANNING — Development — Planning permission

  LOCAL GOVERNMENT — Powers — Sale of land — Town council selling land subject to trust for public recreation without complying with statutory requirements for sale of such land — Purchaser having no actual knowledge of existence of trust — Whether trust enforceable against purchaser — Public Health Act 1875 (38 & 39 Vict c 55), s 164 — Open Spaces Act 1906 (6 Edw 7, c 25), s 10 — Local Government Act 1972 (c 70), ss 123(2A), 128(2)

  1 Case considered

  3 Statutes considered

• Strategic Technologies Pte Ltd v Procurement Bureau of the Republic of China Ministry of National Defence

  21 Feb 2020 [2020] EWHC 362 (QB); [2020] 1 WLR 3388; [2020] WLR(D) 127, QBD (Carr J)

  30 Nov 2020 [2020] EWCA Civ 1604; [2021] QB 999; [2021] 2 WLR 448; [2021] 4 All ER 189; [2020] WLR(D) 652, CA (David Richards, Males, Elisabeth Laing LJJ)

  Subsequent citations: 1.
  CONFLICT OF LAWS — Foreign judgment — Registration

  PRACTICE — Registration order — Service out of jurisdiction
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  Case index catchwords

  CONFLICT OF LAWS — Foreign judgment — Registration — Judgment creditor obtaining default judgment in Cayman Islands based on Singapore judgment debt — Cayman default judgment registered by High Court — Whether statute permitting registration of foreign default judgment based on foreign judgment — Whether registration order to be set aside — Administration of Justice Act 1920 (10 & 11 Geo 5, c 81), ss 9, 12

  PRACTICE — Registration order — Service out of jurisdiction — Foreign judgment registered by High Court — Judgment creditor posting registration order to judgment debtor in Taiwan — Whether good service — Whether method of service “permitted” by law of foreign country if not forbidden — CPR rr 6.40(3)(c), 74.6(2)

  CONFLICT OF LAWS — Foreign judgment — Registration — Judgment creditor obtaining default judgment in Cayman Islands based on Singapore judgment debt — Cayman judgment registered by High Court — Whether statute permitting registration of foreign judgment based on foreign judgment — Whether registration order to be set aside — Administration of Justice Act 1920 (10 & 11 Geo 5, c 81), ss 9, 12

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• Court Enforcement Services Ltd v Marston Legal Services Ltd (formerly Burlington Credit Ltd) (365 Business Finance Ltd v Bellagio Hospitality WB Ltd)

  19 Jul 2019 [2019] EWHC 1920 (QB), QBD (Turner J)

  06 May 2020 [2020] EWCA Civ 588; [2021] QB 129; [2020] 3 WLR 777; [2021] 1 All ER 951; [2021] 1 All ER (Comm) 816; [2020] WLR(D) 275, CA (Lord Leggatt JSC, Lewison, Lindblom LJJ)

  30 Mar 2021 (appn dis) [2021] 1 WLR 3428, SC(E) (Lord Lloyd-Jones, Lord Hamblen, Lord Burrows JJSC)

  Subsequent citations: 2.
  EXECUTION — Writ of control — Priority
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  Case index catchwords

  EXECUTION — Writ of control — Priority — Two writs of control directed to different enforcement agents in respect of different judgment debts from same debtor — First enforcement agent executing earlier writ and taking control of goods but agreeing to defer payment — Second enforcement agent executing later writ and obtaining payment from debtor by cash and credit card — Whether earlier writ having priority over later writ — Whether second enforcement agent liable in conversion to first enforcement agent — Whether second enforcement agent required to pay proceeds obtained from enforcement of later writ to first enforcement agent in order to pay “amount outstanding” — Whether sum paid by credit card “money taken in exercise of” enforcement power so as to constitute “proceeds” — Tribunals, Courts and Enforcement Act 2007 (c 15), Sch 12, paras 4, 50

  7 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered
• R (T) v West Yorkshire (Western Area) Senior Coroner

  28 Apr 2017 [2017] EWCA Civ 318; [2021] QB 205; [2018] 2 WLR 211; [2017] WLR (D) 299, CA (Lord Thomas of Cwmgiedd CJ, Burnett, Irwin LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  CORONER — Inquest — Anonymity

  CORONER — Jurisdiction — Investigation
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  Case index catchwords

  CORONER — Inquest — Anonymity — Public interest in hearings being in public — Whether anonymity to be granted to mother of deceased baby — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 2, 3, 8

  CORONER — Jurisdiction — Investigation — Death of baby — Whether coroner required to be satisfied that baby not stillborn before investigating death — Coroners and Justice Act 2009 (c 25), ss 1, 14

  2 Case(s) considered

  2 Statutes considered

• Leeds City Council v Barclays Bank plc (Newham London Borough Council v Barclays Bank plc)

  22 Feb 2021 [2021] EWHC 363 (Comm); [2021] QB 1027; [2021] 2 WLR 1180; [2022] 1 All ER (Comm) 569; [2021] WLR(D) 119, QBD (Cockerill J)

  Subsequent citations: 7.
  CONTRACT — Misrepresentation — Fraudulent
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  Case index catchwords

  CONTRACT — Misrepresentation — Fraudulent — Claimants seeking rescission of loan agreement on ground defendant bank made fraudulent misrepresentations that Libor rates set honestly and properly — Whether requirement that claimants aware of misrepresentation — Whether awareness requirement capable of being satisfied by assumption on part of claimants — Whether awareness requirement trumped by presumption of inducement in cases of fraudulent misrepresentation

  7 Case(s) considered