Results: 37

• R (D4) v Secretary of State for the Home Department

  30 Jul 2021 [2021] EWHC 2179 (Admin); [2021] WLR(D) 433, QBD (Chamberlain J)

  26 Jan 2022 [2022] EWCA Civ 33; [2022] QB 508; [2022] 2 WLR 785; [2022] WLR(D) 44, CA (Sir Geoffrey Vos MR, Baker, Whipple LJJ)

  04 Apr 2022 (appn all) [2022] 1 WLR 2388, SC(E) (Lord Hodge DPSC, Lord Leggatt, Lady Rose JJSC)

  STATUTORY INSTRUMENT — Validity — Whether ultra vires

  NATIONALITY — British citizenship — Deprivation
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  STATUTORY INSTRUMENT — Validity — Whether ultra vires — Secretary of State depriving claimant of British citizenship on national security grounds — Statute requiring person to be given written notice of decision to make deprivation order before order made — Amendment to statutory instrument purporting to permit deemed notice to be given of decision to make deportation order by placing on person’s Home Office file — Whether amendment outwith Secretary of State’s regulation-making powers — Appropriate relief — British Nationality Act 1981 (c 61), ss 40(2)(5), 41(1) — British Nationality (General) Regulations 2003 (SI 2003/548), reg 10(4) (as amended by British Nationality (General) (Amendment) Regulations 2018 (SI 2018/851), reg 3)

  NATIONALITY — British citizenship — Deprivation — Secretary of State deciding to make order depriving person of British citizenship — Statute requiring Secretary of State to give written notice of such decision before making order — Amendment to statutory instrument purporting to permit deemed notice to be given of decision by placing notice on person’s Home Office file — Whether amendment ultra vires — British Nationality Act 1981 (c 61), ss 40(2)(5), 41(1)(e) — British Nationality (General) Regulations 2003 (SI 2003/548), reg 10(4)

  16 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R v Margelis

  04 Aug 2021 [2021] EWCA Crim 1215; [2022] QB 148; [2021] 3 WLR 1411; [2022] 1 Cr App R 3; [2021] WLR(D) 449, CA (Males LJ, Goose, Cutts JJ)

  CRIME — Explosive substances — “Pyrotechnic effect”
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  CRIME — Explosive substances — “Pyrotechnic effect” — Defendant posting parcels containing devices designed to ignite and set fire to address labels — Whether devices “explosive substances” — Whether devices used or manufactured with view to producing “pyrotechnic effect” — Explosives Act 1875 (38 & 39 Vict c 17), s 3 — Explosive Substances Act 1883 (46 & 47 Vict c 3), s 4(1) — Pyrotechnic Articles (Safety) Regulations 2015 (SI 2015/1553), reg 3(1)

  2 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (Elkundi) v Birmingham City Council (R (Ross) v Birmingham City Council, R (Ahmed) v Birmingham City Council, R (Al-Shameri) v Birmingham City Council, R (Imam) v Croydon London Borough Council)

  23 Apr 2021 [2021] EWHC 1024 (Admin); [2021] 1 WLR 4031; [2021] WLR(D) 235, QBD (Steyn J)

  04 May 2022 [2022] EWCA Civ 601; [2022] QB 604; [2022] 3 WLR 71; [2022] 4 All ER 302; [2022] WLR(D) 198, CA ( Underhill, Peter Jackson, Lewis LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  LOCAL GOVERNMENT — Homeless persons — Suitability of accommodation
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  LOCAL GOVERNMENT — Homeless persons — Suitability of accommodation — Local housing authority accepting duty to secure that suitable accommodation available for homeless applicants — Authority housing applicants in unsuitable accommodation until suitable accommodation found — Whether authority discharging duty to secure suitable accommodation — Housing Act 1996 (c 52), s 193(2)

  LOCAL GOVERNMENT — Homeless persons — Suitability of accommodation — Local housing authority accepting duty to secure that suitable accommodation available for homeless applicants — Authority housing applicants in unsuitable accommodation until suitable accommodation found — Whether authority discharging duty to secure suitable accommodation — Whether appropriate to grant mandatory order requiring authority to comply with duty — Housing Act 1996 (c 52), ss 193(2), 206

  7 Case(s) considered

  1 Statute considered
• Philipp v Barclays Bank UK plc

  18 Jan 2021 [2021] EWHC 10 (Comm); [2021] Bus LR 451; [2021] WLR(D) 60, QBD (Judge Russen QC sitting as a High Court judge)

  14 Mar 2022 [2022] EWCA Civ 318; [2022] QB 578; [2022] 2 WLR 872; [2022] Bus LR 353; [2022] WLR(D) 121, CA (Sir Julian Flaux C, Coulson, Birss LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 3.
  BANKING — Duty of care — Execution of customer’s orders
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  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing claimant to make authorised push payments from her account with defendant bank to overseas accounts — Whether bank having duty to protect claimant from consequences of payments willingly made but induced by fraud

  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing customer to instruct bank to make authorised transfer from account — Bank under duty not to execute instruction when on inquiry that execution might result in misappropriation of customer’s funds — Whether duty only arising where instruction given by customer’s agent — Whether bank arguably in breach of duty owed to customer

  4 Case(s) considered
• Dynasty Co for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq

  23 Apr 2021 [2021] EWHC 952 (Comm); [2022] QB 246; [2021] 3 WLR 1095; [2021] 2 Lloyd's Rep 275; [2021] WLR(D) 237, QBD (Butcher J)

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 6.
  INTERNATIONAL LAW — State immunity — Act of state
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  INTERNATIONAL LAW — State immunity — Act of state — Claim against minister of constituent territory of foreign state — Whether minister having immunity to claim — Whether relevant acts done in exercise of sovereign authority — State Immunity Act 1978 (c 33), s 14

  3 Case(s) considered

  1 Statute considered

• Soriano v Forensic News LLC

  15 Jan 2021 [2021] EWHC 56 (QB), QBD (Jay J)

  21 Dec 2021 [2021] EWCA Civ 1952; [2022] QB 533; [2022] 2 WLR 807; [2022] WLR(D) 9, CA (Dame Victoria Sharp P, Elisabeth Laing, Warby LJJ)

  Subsequent citations: 7.
  DEFAMATION — Practice — Preliminary issues

  DEFAMATION — Foreign defendant — Jurisdiction
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  DEFAMATION — Practice — Preliminary issues

  DEFAMATION — Foreign defendant — Jurisdiction — Claimant bringing defamation action against defendants domiciled outside United Kingdom in respect of statements published online — Whether England and Wales clearly most appropriate place in which to bring action — Whether and to what extent statute modifying forum conveniens regime — Whether evidential burden on defendant — Whether defendant required to adduce expert evidence about foreign law — Defamation Act 2013 (c 26), s 9

  5 Case(s) considered

  1 Statute considered

• Campbell v Advantage Insurance Co Ltd

  14 Aug 2020 [2020] EWHC 2210 (QB); [2021] RTR 19, QBD (Judge Robinson sitting as a High Court judge)

  15 Nov 2021 [2021] EWCA Civ 1698; [2022] QB 354; [2022] 2 WLR 246; [2022] RTR 8; [2022] PIQR P6; [2021] WLR(D) 579; The Times, 28 January 2022, CA (Underhill, Baker, Dingemans LJJ)

  Subsequent citations: 1.
  NEGLIGENCE — Contributory negligence — Apportionment

  NEGLIGENCE — Contributory negligence — Objective standard
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  NEGLIGENCE — Contributory negligence — Apportionment

  NEGLIGENCE — Contributory negligence — Objective standard — Claimant when drunk allowing himself to be driven by drunk driver — Claimant seriously injured in road traffic accident — Whether claimant guilty of contributory negligence — Whether objective test to be applied to question of contributory negligence — Whether fact that claimant had been drunk at relevant time to be taken into account

  3 Case(s) considered

• R (Reprieve) v Prime Minister

  30 Jun 2020 [2020] EWHC 1695 (Admin); [2020] ACD 99, DC (Dame Victoria Sharp P, Farbey J)

  30 Jun 2021 [2021] EWCA Civ 972; [2022] QB 447; [2022] 2 WLR 1; [2022] 2 All ER 279; [2021] WLR(D) 365; The Times, 13 August 2021, CA (Lord Burnett of Maldon CJ, Stuart-Smith, Elisabeth Laing LJJ)

  28 Oct 2021 Permission to appeal to Supreme Court refused

  Subsequent citations: 2.
  JUDICIAL REVIEW — Independent inquiry — Human rights

  HUMAN RIGHTS — Fair trial — Determination of civil rights and obligations
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  JUDICIAL REVIEW — Independent inquiry — Human rights

  HUMAN RIGHTS — Fair trial — Determination of civil rights and obligations — Human rights organisation and MPs claiming judicial review of Prime Minister’s decision not to hold public inquiry into allegations of state complicity in torture and rendition — Grounds of claim that decision in breach of Convention rights and irrational — Prime Minister relying on material relating to national security — Whether claimants entitled to disclosure of such material — Whether claimants entitled to rely on alleged breach of Convention right — Whether claimants “victims” of breach of Convention right — Whether claim determining civil rights and obligations so as to engage right to fair trial — Human Rights Act 1998 (c 42), ss 6, 7, Sch 1, Pt I, arts 3, 6 — Convention for the Protection of Human Rights and Fundamental Freedoms, art 34

  3 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 International Agreement considered

• Archer v Comr of Police of the Metropolis

  17 Jun 2020 [2020] EWHC 1567 (QB); [2020] 1 WLR 3164; [2020] 2 Cr App R 23; [2020] WLR (D) 348, QBD (Chamberlain J)

  12 Nov 2021 [2021] EWCA Civ 1662; [2022] QB 401; [2022] 2 WLR 528; [2022] 3 All ER 271; [2022] 1 Cr App R 14; [2021] WLR(D) 584, CA (Dame Victoria Sharp P, Holroyde, Carr LJJ)

  04 Aug 2022 (appn dis) [2022] 1 WLR 4192, SC(E) (Lord Reed PSC, Lord Sales, Lord Stephens JJSC)

  Subsequent citations: 1.
  POLICE — Powers — Persons in custody
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  POLICE — Powers — Persons in custody — Minor arrested and charged with offences in connection with gang fight — Minor refused police bail and detained overnight on ground detention “in his own interests” — Whether statutory power to detain juvenile “in his own interests” compatible with Convention rights — Police and Criminal Evidence Act 1984 (c 60), s 38(1)(b)(ii) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5

  POLICE — Powers — Persons in custody — Minor arrested and charged with offences in connection with gang fight — Minor refused police bail and detained overnight on ground detention necessary to protect him from gang — Whether statutory power to detain minor “for his own protection” or “in his own interests” compatible with Convention right to liberty — Whether detention of minor in breach of such right — Police and Criminal Evidence Act 1984 (c 60), s 38(1) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5

  5 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

• Meng v HSBC Bank plc

  19 Feb 2021 [2021] EWHC 342 (QB); [2022] QB 71; [2021] 2 WLR 1153; [2021] WLR(D) 109, QBD (Fordham J)

  EVIDENCE — Documentary — Bankers’ books
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  EVIDENCE — Documentary — Bankers’ books — Application for order granting access to bank documents for use in extradition proceedings in Canada — Whether court having jurisdiction to make such order — Whether such order to be made only for purposes of “legal proceeding” in United Kingdom — Whether power to make such order in respect of non-transactional bank records maintained for regulatory compliance — Bankers’ Books Evidence Act 1879 (42 & 43 Vict c 11), ss 7, 10

  8 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered