Results: 656

• Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania

  30 Jul 2014 [2014] EWHC 2528 (Admin); [2015] 1 WLR 1953; [2014] WLR (D) 356, DC

  Subsequent citations: 13.
  EXTRADITION — Appeal — Prison conditions in requesting state
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  EXTRADITION — Appeal — Prison conditions in requesting state — Extradition to Romania pursuant to European arrest warrant — Whether subjection to Romanian overcrowded prison conditions breach of Convention rights — Whether extradition to proceed — Human Rights Act 1998, Sch 1, Pt I, art 3

  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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  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
• R v Brennan

  21 Nov 2014 [2014] EWCA Crim 2387; [2015] 1 WLR 2060; [2015] 1 Cr App R 161; [2014] WLR (D) 502, CA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  CRIME — Homicide — Diminished responsibility
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  CRIME — Homicide — Diminished responsibility — Defendant charged with murder — Uncontradicted expert evidence adduced that defendant’s mental disorder significant contributory factor causing him to kill — Defendant convicted of murder — Whether right to continue prosecution on murder charge — Whether judge to withdraw charge from jury — Homicide Act 1957, s 2 (as substituted by Coroners and Justice Act 2009, s 52)

  4 Case(s) considered

  1 Statute considered

• Matei v SC Volksbank România SA (Bogdan Matei and Ioana Ofelia Matei v SC Volksbank România SA)

  26 Feb 2015 (Case C-143/13); [2015] 1 WLR 2385; [2015] WLR (D) 87; EU:C:2015:127, ECJ

  Subsequent citations: 7.
  FAIR TRADING — Contract — Unfair terms

  EUROPEAN UNION — Directive 93/13/EEC — Unfair terms in contracts concluded between a seller or supplier and a consumer
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  FAIR TRADING — Contract — Unfair terms — Consumer credit contract including terms allowing lender to alter interest rate in response to significant changes on financial market and to impose risk charge — Terms relating to “main subject matter of the contract” or “adequacy of the price and remuneration” excluded from review of unfairness if drafted in plain intelligible language — Whether interest rate and risk charge terms excluded from review of unfairness — Council Directive 93/13/EEC, art 4(2)

  EUROPEAN UNION — Directive 93/13/EEC — Unfair terms in contracts concluded between a seller or supplier and a consumer — Article 42 — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract or the adequacy of the price and remuneration as long as they are in plain intelligible language — Terms including a 'risk charge' charged by the lender and authorising it, under certain conditions, unilaterally to alter the interest rate

  1 Case considered

  2 Words & Phrases considered

  1 EU Enactment considered

• R (HC) v Secretary of State for Work and Pensions (AIRE Centre intervening)

  06 Dec 2013 [2013] EWHC 3874 (Admin); [2013] CN 1872, QBD (Supperstone J)

  10 Feb 2015 (AIRE Centre intervening) [2015] EWCA Civ 49; [2016] QB 455; [2015] 3 WLR 1867; [2015] WLR (D) 61, CA

  07 Mar 2016 (appn all) [2016] 1 WLR 2352, SC(E)

  15 Nov 2017 [2017] UKSC 73; [2019] AC 845; [2017] 3 WLR 1486; [2018] 2 All ER 1; [2017] WLR (D) 761; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Wilson, Lord Sumption, Lord Carnwath JJSC, Lord Clarke of Stone-cum-Ebony)

  Subsequent citations: 44.
  EUROPEAN UNION — Citizenship — Right to reside
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  EUROPEAN UNION — Citizenship — Right to reside — Third-country national with right of residence in United Kingdom as primary carer of British citizen children — Carer applying for non-contributory welfare benefits — When derivative right of residence arising — Whether status conferring right to social benefits — Children Act 1989 (c 41), s 17(1) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14 — Income Support (General) Regulations 1987 (SI 1987/1967), reg 21AA (as inserted by Social Security (Persons from Abroad) Amendment Regulations 2006 (SI 2006/1026), reg 6(3) and amended by Social Security (Habitual Residence) (Amendment) Regulations 2012 (SI 2012/2587), reg 2) — Child Benefit (General) Regulations 2006 (SI 2006/223), reg 23(4) (as amended by Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012 (SI 2012/2612), reg 3) — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 15A (as inserted by Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547), reg 3, Sch 1, para 9 and amended by Immigration (European Economic Area) (Amendment) (No 2) Regulations 2012 (SI 2012/2560), reg 2, Sch, para 3) — Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (SI 2006/1294), reg 4(1)(b)(iii)(iv) (as inserted by Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 (SI 2012/2588), reg 2(2)) — FEU Treaty, arts 20FEU, 21FEU

  7 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered

  4 Statutory Instruments considered
• Deutsche Bank AG London Branch v Petromena ASA

  14 Oct 2013 [2013] EWHC 3065 (Comm); [2013] CN 1615, QBD (Gloster LJ)

  18 Mar 2015 [2015] EWCA Civ 226; [2015] 1 WLR 4225; [2016] 1 All ER (Comm) 440; [2015] 2 Lloyd's Rep 15; [2015] WLR (D) 133; [2015] CP Rep 27, CA

  23 Jul 2015 (appn dis) [2015] 1 WLR 4932, SC(E)

  Subsequent considerations : 2 positive; most recently considered: 2019. Subsequent citations: 20.
  CONFLICT OF LAWS — Jurisdiction under Convention — Contract

  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction

  PRACTICE — Acknowledgement of service — Jurisdiction
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  CONFLICT OF LAWS — Jurisdiction under Convention — Contract — Whether claims contractual — Whether “matters relating to a contract” — Whether English court having jurisdiction

  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction — Bank holding bonds issued by Norwegian company — Loan agreement having Norwegian exclusive jurisdiction clause — Bank’s London branch offering finance to company but then selling bonds to company’s competitor — Company bringing proceedings in Norway for compensation alleging breach of duty and negligent advice — Whether London place of performance of any contract between parties — Whether dispute connected with legal relationship created by loan agreement — Whether exclusive jurisdiction clause applying — Whether English courts having jurisdiction — Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), arts 5, 23

  PRACTICE — Acknowledgement of service — Jurisdiction — Defendant acknowledging service of claimant’s proceedings but disputing English courts’ jurisdiction — Judge dismissing defendant’s application for declaration that English courts having no jurisdiction — Defendant filing second acknowledgement of service and seeking permission to appeal — Whether second acknowledgement of service constituting submission to jurisdiction — Whether defendant thereby entering appearance before English courts — CPRr 11(8) — Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), art 24

  3 Case(s) considered

  1 Statutory Instrument considered

  1 International Agreement considered
• AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH

  11 Apr 2014 [2014] EWHC 1085 (Comm); [2015] QB 699; [2015] 2 WLR 187; [2015] 1 All ER (Comm) 374; [2014] WLR (D) 182; [2014] 2 Lloyd’s Rep 349, QBD (Popplewell J)

  26 Feb 2015 [2015] EWCA Civ 143; [2015] QB 699; [2015] 3 WLR 282; [2016] 1 All ER (Comm) 486; [2015] WLR (D) 95, CA

  28 Jul 2015 (appn all) [2015] 1 WLR 4935, SC(E)

  02 Feb 2016 (appn all) [2016] 1 WLR 1159, SC(E)

  01 Mar 2017 [2017] UKSC 13; [2018] AC 439; [2017] 2 WLR 853; [2017] 4 All ER 382; [2017] 2 All ER (Comm) 1041; [2017] WLR (D) 154; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Hodge JJSC)

  Subsequent considerations : 1 positive. Subsequent citations: 39.
  COSTS — Discretion of court — Order against successful party

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction
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  COSTS — Discretion of court — Order against successful party — Court of Appeal ordering part of costs of proceedings to be paid by successful party — Whether successful party to recover full costs — CPR r 44.2

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction — Matters relating to tort, delict or quasi-delict — Claimant entering into agreements with clients containing exclusive English jurisdiction clauses — German defendant allegedly inducing clients to breach clauses by bringing claims against claimant in Germany — Claimant bringing claim against defendant in England alleging tort of wrongfully inducing breach of contract — Nature of harm resulting from alleged tortious conduct — Whether “harmful event occurred” in England — Whether English court having jurisdiction — Council Regulation (EC) No 44/2001, art 5(3)

  5 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered
• Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd

  01 Jul 2014 [2014] EWHC 2104 (Comm); [2015] 1 WLR 1145; [2014] WLR (D) 293; [2014] 2 Lloyd’s Rep 457, QBD (Teare J)

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 9.
  ARBITRATION — Arbitrator — Jurisdiction
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  ARBITRATION — Arbitrator — Jurisdiction — Dispute resolution clause — Contract providing for time-limited dispute resolution by friendly agreement before arbitration could be invoked — Contractual dispute referred to arbitration — Whether dispute resolution clause enforceable — Whether condition precedent to arbitrators’ jurisdiction met — Whether arbitral tribunal having substantive jurisdiction to determine dispute — Arbitration Act 1996, s 67

  7 Case(s) considered

  1 Statute considered
• Patel v Mirza

  05 Jul 2013 [2013] EWHC 1892 (Ch); [2013] Lloyd's Rep FC 525; [2013] WTLR 1755; [2013] CN 1169, Ch D (David Donaldson QC)

  29 Jul 2014 [2014] EWCA Civ 1047; [2015] Ch 271; [2015] 2 WLR 405; [2015] 1 All ER 326; [2015] 2 All ER (Comm) 1; [2014] Lloyd's Rep FC 561; [2015] 1 BCLC 256; [2014] WTLR 1567; The Times, 12 August 2014; [2014] WLR (D) 337, CA

  15 Dec 2014 Permission to appeal to Supreme Court given

  20 Jul 2016 [2016] UKSC 42; [2017] AC 467; [2016] 3 WLR 399; [2017] 1 All ER 191; [2016] 2 Lloyd's Rep 300; The Times, 25 August 2016; [2016] WLR (D) 417; Case details, SC(E)

  Subsequent considerations : 8 positive; 6 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 94.
  CONTRACT — Formation — Whether contract concluded

  CONTRACT — Illegality — Enforceability
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  Case index catchwords

  CONTRACT — Formation — Whether contract concluded — Claimant advancing moneys to defendant for purpose of entering into contract to bet on share price of bank — Whether sums advanced recoverable

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Whether claimant’s case relying on illegal agreement — Whether claimant barred from relying on illegal agreement if no part of it carried into effect due to frustration

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Circumstances in which claims based on illegality enforceable — Whether claimant entitled to repayment

  6 Case(s) considered
• R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber)

  12 Jun 2015 [2015] EWHC 1689 (Admin); [2015] WLR (D) 267, QBD (Nicol J)

  29 Jul 2015 [2015] EWCA Civ 840; [2015] 1 WLR 5341; [2016] 3 All ER 626; [2015] WLR (D) 352, CA

  09 Nov 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 4 positive; 1 neutral. Subsequent citations: 43.
  TRIBUNAL — First-tier Tribunal — Practice and procedure

  IMMIGRATION — Asylum — Appeal
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  Case index catchwords

  TRIBUNAL — First-tier Tribunal — Practice and procedure — Whether fast track rule regime applying to First-tier Tribunal asylum and immigration appeals ultra vires — Tribunal, Courts and Enforcement Act 2007, s 22(4)(b) — Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) — Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604)

  IMMIGRATION — Asylum — Appeal — Fast track rule regime applying to asylum and immigration appeals in First-tier Tribunal and Upper Tribunal — Whether unfair and unjust — Whether Fast Track Rules ultra vires — Tribunals, Courts and Enforcement Act 2007, s 22(4) — Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, r 1(3), Sch

  5 Case(s) considered