Results: 637

• Bauer v Director of Public Prosecutions

  22 Mar 2013 (Liberty intervening) [2013] EWHC 634 (Admin); [2013] 1 WLR 3617; [2013] WLR (D) 121, DC

  Subsequent considerations : 2 positive; most recently considered: 2022. Subsequent citations: 7.
  CRIME — Aggravated trespass — Disrupting lawful activity
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  Case index catchwords

  CRIME — Aggravated trespass — Disrupting lawful activity — Defendants occupying department store as part of demonstration — Minority of protesters masked and chanting slogans — No evidence of defendants doing any specific act inside store save for participating in demonstration — Whether demonstration act distinct from trespass — Whether defendants guilty of aggravated trespass on joint enterprise basis or as principals — Criminal Justice and Public Order Act 1994, s 68(1)

  2 Case(s) considered

  1 Statute considered
• McGraddie v McGraddie

  31 Jul 2013 [2013] UKSC 58; [2013] 1 WLR 2477; [2013] WLR (D) 323; Case details; 2014 SC (UKSC) 12, SC

  28 Jan 2015 (No 2) [2015] UKSC 1; [2015] 1 WLR 560; [2015] 3 All ER 61; [2015] WLR (D) 36; Case details; 2015 SC (UKSC) 45, SC

  Subsequent considerations : 2 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 95.
  PRACTICE — Appeal — Witness action tried by judge alone

  COSTS — Order for costs — Legal expenses insurance

  LEGAL AID — Scotland — Expenses

  EVIDENCE — Credibility and reliability of witnesses — Opinion of judge who heard witnesses

  EXPENSES — Legal aid — Appeal to UK Supreme Court

  EXPENSES — ‘After the event’ insurance premiums — Whether recoverable as expense
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  Case index catchwords

  PRACTICE — Appeal — Witness action tried by judge alone — Findings of fact — Review by appellate court — Principles applicable

  COSTS — Order for costs — Legal expenses insurance — Defenders successfully reclaiming before Inner House of Court of Session — Pursuer obtaining after the event insurance for appeal to Supreme Court — Supreme Court allowing appeal — Pursuer seeking order for expenses — Whether insurance premium recoverable as part of expenses — Act of Sederunt (Rules of the Court of Session 1994) 1994, Sch 2, r 42.10 — Supreme Court Rules 2009, r 46(1) — Supreme Court Practice Direction 13, para 3.1

  LEGAL AID — Scotland — Expenses — Order for expenses — Legally aided defenders successfully reclaiming before Inner House of Court of Session — Pursuer appealing — Defenders granted legal aid to respond to appeal — Supreme Court allowing appeal — Whether pursuer entitled to order for expenses from legal aid fund — Legal Aid (Scotland) Act 1986 (as amended by Legal Aid Act 1988, s 44, Sch 4, para 8), s 19

  EVIDENCE — Credibility and reliability of witnesses — Opinion of judge who heard witnesses — Duty of appellate court

  EXPENSES — Legal aid — Appeal to UK Supreme Court — Unassisted party seeking award of expenses against Scottish Legal Aid Board

  EXPENSES — ‘After the event’ insurance premiums — Whether recoverable as expense — Supreme Court Rules 2009 (SI 2009/1603 (L 17)), r 46

  12 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• B v Independent Safeguarding Authority

  18 Jul 2012 (Royal College of Nursing intervening) [2012] EWCA Civ 977; [2013] 1 WLR 308; [2012] WLR (D) 215, CA

  Subsequent considerations : 1 neutral; most recently considered: 2021. Subsequent citations: 2.
  TRIBUNAL — Upper Tribunal — Jurisdiction
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  Case index catchwords

  TRIBUNAL — Upper Tribunal — Jurisdiction — Independent Safeguarding Authority charged with deciding whether individual to be placed on barred lists — Applicant convicted of sex offences — Authority including applicant on children’s barred list and subsequently refusing to remove his name from list — Applicant appealing on ground that inclusion in children’s list disproportionate — Upper Tribunal deciding issue de novo and directing removal from list — Whether tribunal having jurisdiction to consider appropriateness of listing — Whether according appropriate weight to authority’s decision — Whether public confidence in statutory scheme and list relevant when deciding appeal against listing — Safeguarding Vulnerable Groups Act 2006 (as amended by Policing and Crime Act 2009, s 81 and Transfer of Tribunal Functions Order 2008, art 6, Sch 3, para 222), ss 1, 2, 4(3)

  6 Case(s) considered

  1 Statute considered
• Abbey Forwarding Ltd v Hone

  11 Dec 2012 [2012] EWHC 3525 (Ch); [2013] Ch 455; [2013] 2 WLR 1368; [2012] WLR (D) 375, Ch D (Judge Pelling QC)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  INJUNCTION — Interim — Undertaking as to damages
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  Case index catchwords

  INJUNCTION — Interim — Undertaking as to damages — Court discharging freezing injunction and defendants seeking compensation pursuant to cross-undertaking — Principles to be applied in determining compensation — Whether damages for emotional distress and aggravated damages recoverable

  6 Case(s) considered
• 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
• In re L (Children) (Preliminary Finding: Power to Reverse) (In re L-B (Children) (Care Proceedings: Power to Revise Judgment))

  18 Jul 2012 [2012] EWCA Civ 984; [2013] 1 FLR 209; [2012] WLR (D) 240, CA

  20 Feb 2013 [2013] UKSC 8; [2013] 1 WLR 634; [2013] 2 All ER 294; [2013] 2 FLR 859; [2013] WLR (D) 69; Case details, SC(E)

  Subsequent considerations : 4 positive; 4 neutral; most recently considered: 2022. Subsequent citations: 118.
  PRACTICE — Judgment — Preliminary fact-finding hearing
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  Case index catchwords

  PRACTICE — Judgment — Preliminary fact-finding hearing — Judge giving extempore judgment in preliminary fact-finding hearing in care proceedings — Judge determining father to be sole perpetrator of child’s injuries — Decision recorded in order but order not sealed — Judge giving second judgment reversing earlier conclusion and stating unable to conclude which parent had caused injuries — Judge’s power to revisit decision before order sealed — Whether to be exercised only in exceptional circumstances

  3 Case(s) considered

• Wildsmith v Arrowgame Ltd

  22 Nov 2012 (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2013] 1 WLR 1051; [2012] WLR (D) 358; [2013] 2 All ER 128, Ch D (Geraldine Andrews QC)

  Subsequent citations: 12.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Application for acquisition order — Preliminary notice — Notice not specifying remedial steps for landlord to take but stating that matters complained of not capable of remedy — Landlord contending some matters capable of being remedied — Whether notice valid — Landlord and Tenant Act 1987 (as amended by Housing Act 1996, s 88 and Commonhold and Leasehold Reform Act 2002, s 160(5)), ss 27(2), 29(3)

  1 Statute considered
• Sumal & Sons (Properties) Ltd v Newham London Borough Council

  08 Aug 2012 [2012] EWCA Crim 1840; [2013] 1 WLR 2078; [2012] WLR (D) 247, CA (Crim)

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 7.
  CRIME — Sentence — Confiscation order

  JUSTICES — Committal to Crown Court — Committal for sentence
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  Case index catchwords

  CRIME — Sentence — Confiscation order — Landlord convicted of managing unlicensed house — Whether rent received obtained “as a result of or in connection with” landlord’s criminal conduct — Whether court having power to impose confiscation order in sum of rent received — Proceeds of Crime Act 2002, s 76(4) — Housing Act 2004, ss 95(1), 96, 97

  JUSTICES — Committal to Crown Court — Committal for sentence — Defendant convicted of summary only offence — Whether magistrates’ court having power to commit to Crown Court for sentence with view to confiscation order being considered — Proceeds of Crime Act 2002, s 70

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Gohil v Gohil (Crown Prosecution Service v Gohil , P v P (Financial Remedies: Disclosure))

  30 May 2012 [2012] EWHC 1733 (Fam); [2013] 1 FLR 1003, Fam D (Moylan J)

  26 Nov 2012 [2012] EWCA Civ 1550; [2013] Fam 276; [2013] 2 WLR 1123; [2013] 2 All ER 56; [2013] 1 FLR 1095; [2012] WLR (D) 351, CA

  Subsequent considerations : 1 positive. Subsequent citations: 10.
  EVIDENCE — Letters of request — Collateral use of evidence

  JUDICIAL PRECEDENT — Court of Appeal decision — Per incuriam
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  Case index catchwords

  EVIDENCE — Letters of request — Collateral use of evidence — Crown Prosecution Service obtaining evidence for use in criminal proceedings pursuant to requests for assistance from overseas authorities — Party to ancillary relief proceedings seeking disclosure of evidence — Whether prohibition on use of such evidence applying to use in civil proceedings — Crime (International Co-operation) Act 2003, s 9(2)

  JUDICIAL PRECEDENT — Court of Appeal decision — Per incuriam — Previous decision of Court of Appeal failing to have regard to presumption that Parliament legislating in conformity with United Kingdom’s international obligations — Whether decision per incuriam

  4 Case(s) considered

  1 Statute considered

• Manchester Ship Canal Co Ltd v United Utilities Water plc (Bridgewater Canal Co Ltd v United Utilities Water plc)

  14 Feb 2012 [2012] EWHC 232 (Ch); [2012] Env LR 31, Ch D (Newey J)

  07 Feb 2013 [2013] EWCA Civ 40; [2013] 1 WLR 2570; [2013] 2 All ER 642; [2013] WLR (D) 50; [2013] Env LR 20, CA (Arden, Sullivan, Patten LJJ)

  02 Jul 2014 (Canal & River Trust intervening) [2014] UKSC 40; [2014] 1 WLR 2576; [2014] 4 All ER 40; [2014] 3 EGLR 81; [2014] WLR (D) 291; The Times, 8 July 2014; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Hughes, Lord Toulson JJSC)

  Subsequent citations: 6.
  WATER — Sewerage — Discharge
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  Case index catchwords

  WATER — Sewerage — Discharge — Implied statutory power to discharge surface water and treated effluent from public sewers into private watercourses without owners’ consent — Sewerage functions transferred to commercial sewerage undertakers — Sewerage undertaker continuing to discharge into private watercourses without owners’ consent — Whether implied power continuing under new statutory regime — Whether authorising discharge from future sewage outfalls or only those in use when Act came into force — Water Act 1989, s 4, Sch 2, para 2 — Water Industry Act 1991, ss 94, 106, 116

  6 Case(s) considered

  2 Statutes considered