Results: 747

• Criminal proceedings against ML (Generalstaatsanwaltschaft Bremen intervening)

  25 Jul 2018 (Case C-220/18PPU); (Case C-220/18 PPU); EU:C:2018:589; EU:C:2018:547; [2019] 1 WLR 1052; [2018] WLR(D) 517, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan Advocate General M Campos Sánchez-Bordona)

  Subsequent considerations : 1 positive; 2 neutral; most recently considered: 2022. Subsequent citations: 19.
  EXTRADITION — European arrest warrant — Grounds for non-execution

  EUROPEAN UNION — Reference for a preliminary ruling — Urgent preliminary ruling procedure
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  EXTRADITION — European arrest warrant — Grounds for non-execution — Requested person arrested pursuant to European arrest warrant issued for purpose of serving custodial sentence — Executing judicial authority having evidence of deficiencies in detention conditions in requesting member state — New legal remedy enabling prisoners in requesting member state to challenge detention conditions — Whether executing judicial authority able to rule out real risk that requested person would be subjected to inhuman and degrading treatment — Whether executing authority required to assess detention conditions in all prisons in which requested person could potentially be detained — Charter of Fundamental Rights of the European Union, art 4 — Council Framework Decision 2002/584/JHA (as amended by Council Framework Decision 2009/299/JHA, art 2(2)), arts 1(3), 5, 6(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant –Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States –– Conditions for execution –– Grounds for non-execution — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State — Scope of the assessment undertaken by the executing judicial authorities –– Existence of a legal remedy in the issuing Member State — Assurance given by the authorities of that Member State

  2 Case(s) considered

  2 EU Enactments considered

• Thorpe v Frank

  [2017] UKUT 427 (TCC), UT

  14 Feb 2019 [2019] EWCA Civ 150; [2019] 1 WLR 6217; [2019] WLR(D) 101, CA (McCombe, David Richards, Newey LJJ)

  Subsequent citations: 2.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  LIMITATION OF ACTION — Land, recovery of — Possessory title — Owner of bungalow paving over triangle of land in front of bungalow — Triangle in fact part of title to neighbouring bungalow — Whether paving of triangle sufficient to constitute taking factual possession of triangle for purposes of adverse possession claim — Whether necessary to have prevented others from passing over triangle — Limitation Act 1980 (c 58), s 15, Sch 1, paras 1, 8(1)

  3 Case(s) considered

  1 Statute considered

• In re S (A Child) (No 2)

  27 Feb 2019 [2019] EWFC 12; [2019] 1 WLR 5045; [2019] WLR(D) 289, Fam Ct (William Tyler QC sitting as a deputy High Court judge)

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children
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  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — High Court accepting transfer of care proceedings from Irish court — Mother’s application for care proceedings to be returned to Ireland refused — Mother making second application for proceedings to be transferred after further change in circumstances — Whether bar to second application — Whether High Court better placed to hear case — Council Regulation (EC) No 2201/2003, art 15

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — High Court refusing mother’s application for care proceedings to be transferred to Irish court — Whether refusal constituting bar to making second application for transfer to Irish court — Proper approach to second application for transfer — Council Regulation (EC) No 2201/2003, art 15

  1 Case considered

  1 EU Enactment considered
• R (Hassett) v Secretary of State for Justice (R (Price) v Secretary of State for Justice)

  04 May 2017 [2017] EWCA Civ 331; [2017] 1 WLR 4750; [2017] WLR (D) 304, CA (Black, Sales and Moylan LJJ)

  08 Apr 2019 (appn dis) [2019] 1 WLR 3393, SC(E) (Lord Reed DPSC, Lord Carnwath, Lord Kitchin JJSC)

  Subsequent considerations : 1 neutral. Subsequent citations: 14.
  PRISONS — Prisoners’ rights — Security categorisation
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  PRISONS — Prisoners’ rights — Security categorisation — Category A Review Team recommending continuation of prisoners’ security categorisation without holding oral hearing — Whether oral hearing required by common law procedural fairness

  3 Case(s) considered

• Gray v Hurley

  23 Jul 2019 [2019] EWHC 1972 (QB); [2019] 1 WLR 5333; [2019] WLR(D) 428, QBD (Lavender J)

  12 Dec 2019 [2019] EWCA Civ 2222; [2020] 1 FLR 864, CA (Patten, Hickinbottom, Peter Jackson LJJ)

  Subsequent citations: 2.
  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Anti-suit injunction

  CONFLICT OF LAWS — Jurisdiction under European Regulation — Anti-suit injunction
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  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Anti-suit injunction — Civil claim brought in non-member state against person domiciled in member state — Right of person domiciled in member state to be sued in courts of that member state — Whether right capable of being enforced by anti-suit injunction — Parliament and Council Regulation (EU) No 1215/2012, art 4(1)

  CONFLICT OF LAWS — Jurisdiction under European Regulation — Anti-suit injunction — Civil claim brought in non-member state against person domiciled in member state — Right of person domiciled in member state to be sued in courts of that member state — Whether right capable of being enforced by anti-suit injunction — Whether EU Regulation conferring directly enforceable right upon person domiciled in member state — Whether matter acte clair or reference for preliminary ruling to be made — Parliament and Council Regulation (EU) No 1215/2012, arts 4(1), 22(1)

  4 Case(s) considered

  1 EU Enactment considered

• Cheerupmate2 Ltd v Calce

  15 Sep 2017 [2017] UKUT 377 (TCC), UT (TCC) (Judge Elizabeth Cooke)

  12 Oct 2018 [2018] EWCA Civ 2230; [2019] 1 WLR 1813; [2018] WLR(D) 522, CA (Lewison, Peter Jackson, Newey LJJ)

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry
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  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Long lease containing forfeiture clause — Landlord serving notice for payment of rent and later purporting to re-enter — Whether notice valid — When rent due — When time begins running — Commonhold and Leasehold Reform Act 2002 (c 15), s 166(4)

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Long lease containing forfeiture clause permitting re-entry if rent in arrears for two years after it had become due — Landlord serving notice for payment of rent in respect of previous five years on specified date — Landlord purporting to re-enter for non-paynent day after specified date — Whether notice valid — When rent due — When time beginning to run — Whether right of re-entry arising only after laspe of two years from specified date — Whether landlord validly re-entering property — Commonhold and Leasehold Reform Act 2002 (c 15), s 166 — Landlord and Tenant (Notice of Rent) (England) Regulations 2004 (SI 2004/3096), reg 2(2), Sch 1, para 1

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• WG v HG

  30 Jul 2018 [2018] EWFC 84; [2019] 4 WLR 16; [2019] WLR(D) 45, Fam Ct (Francis J)

  MARRIAGE — Divorce — Financial provision
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  MARRIAGE — Divorce — Financial provision — Costs liability — Wife seeking financial remedy award from husband’s pre-existing wealth in “needs” based case with no marital acquest to include provision for housing, capitalised maintenance and to cover substantial costs liability — Whether award to meet wife’s significant costs in full — Whether wife’s costs to be met out of capitalised maintenance award — Whether timing of accident near end of marriage resulting in additional need relevant

  MARRIAGE — Divorce — Financial provision — Wife seeking financial remedy award from husband’s pre-existing wealth in “needs” based case with no marital acquest to include provision for housing, capitalised maintenance and to cover substantial costs liability — Whether award to meet wife’s significant costs in full — Whether wife’s costs to be met out of capitalised maintenance award — Whether timing of accident near end of marriage resulting in additional need relevant

  1 Case considered
• Financial Conduct Authority v McKendrick

  01 Mar 2019 [2019] EWHC 607 (Ch), Ch D (Marcus Smith J)

  28 Mar 2019 [2019] EWCA Civ 524; [2019] 4 WLR 65; [2019] WLR(D) 192, CA (Hamblen, Holroyde LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2021. Subsequent citations: 33.
  CONTEMPT OF COURT — Sentence — Civil contempt
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  CONTEMPT OF COURT — Sentence — Civil contempt — Defendant breaching terms of worldwide freezing order — Defendant committed to six-month prison sentence — Whether term excessive — Proper approach when sentencing

  4 Case(s) considered

• R v Melin (Ozan)

  02 Apr 2019 [2019] EWCA Crim 557; [2019] QB 1063; [2019] 3 WLR 150; [2019] 2 Cr App R 8; [2019] WLR (D) 195, CA (Sir Brian Leveson P, Simler, Yip JJ)

  CRIME — Assault — Consent
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  CRIME — Assault — Consent — Defendant administering injections of substance purporting to be Botox for cosmetic purposes to complainants — Complainants unaware that defendant not medically qualified — Whether defendant’s deception vitiating complainants’ consent — Offences against the Person Act 1861 (24 & 25 Vict c 100), s 20

  1 Case considered

  1 Statute considered

• R v Patten (Ralph)

  01 Nov 2018 [2018] EWCA Crim 2492; [2019] 1 WLR 5265; [2019] 2 Cr App R 21; [2019] WLR (D) 307, CA (Sir Brian Leveson P, William Davis, May JJ)

  CRIME — Court of Appeal (Criminal Division) — New trial

  CRIME — Jury — Verdict
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — New trial — Convictions quashed on ground of material irregularity in taking of jury’s verdicts — Writ of venire de novo — Whether writ available in respect of counts of which defendant acquitted — Juries Act 1974 (c 23), s 17

  CRIME — Jury — Verdict — Judge directing jury of 11 that he would accept verdicts on which nine of them agreed — Direction inconsistent with statutory requirement that ten jurors required for majority verdict from jury of 11 — Whether misdirection invalidating all verdicts which followed or only those expressed to be by majority of nine — Juries Act 1974 (c 23), s 17(1)

  1 Statute considered