Results: 681

• A v C

  12 Feb 2020 [2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD (Foxton J)

  19 Mar 2020 [2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA (Flaux, Newey, Males LJJ)

  Subsequent citations: 1.
  ARBITRATION — Practice — Examination of witnesses
  Expand

  Case index catchwords

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Ogreanu v Italian Judicial Authority

  22 May 2020 [2020] EWHC 1254 (Admin); [2020] 1 WLR 4080; [2020] WLR(D) 306, QBD (Fordham J)

  Subsequent considerations : 1 negative; most recently considered: 2021. Subsequent citations: 2.
  EXTRADITION — European arrest warrant — Further information
  Expand

  Case index catchwords

  EXTRADITION — European arrest warrant — Further information — European arrest warrant seeking extradition of requested person to serve sentence imposed following conviction in absence — District judge ordering extradition having found requested person entitled to retrial in requesting member state — District judge having regard to further information provided by requesting judicial authority — Whether information filling gap in European arrest warrant required to emanate directly from requesting judicial authority or refer specifically to requested person — Extradition Act 2003 (c 41), s 20(5) — Council Framework Decision 2002/584/JHA, art 4a (as inserted by Council Framework Decision 2009/299/JHA, art 2(1))

  3 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• FSHC Group Holdings Ltd v GLAS Trust Corpn Ltd (FSHC Group Holdings Ltd v Barclays Bank plc)

  22 Jun 2018 [2018] EWHC 1558 (Ch), Ch D (Henry Carr J)

  31 Jul 2019 [2019] EWCA Civ 1361; [2020] Ch 365; [2020] 2 WLR 429; [2020] 1 All ER 505; [2020] 1 All ER (Comm) 719; [2019] WLR (D) 474, CA (Flaux, Leggatt, Rose LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 35.
  CONTRACT — Mistake — Common mistake
  Expand

  Case index catchwords

  CONTRACT — Mistake — Common mistake — Rectification — Claimant and defendant executing deeds for purpose of providing previously agreed security — Deeds also obliging claimant to undertake additional onerous obligations — Claimant seeking rectification of deeds on ground of common mistake — Whether intention of parties to be determined applying subjective or objective test

  CONTRACT — Mistake — Common mistake

  6 Case(s) considered

• R v A

  21 Jul 2020 [2020] EWCA Crim 948; [2020] 1 WLR 5014; [2020] WLR(D) 435, CA (Fulford LJ, McGowan, Garnham JJ)

  Subsequent citations: 2.
  CRIME — Sentence — Appeal against sentence
  Expand

  Case index catchwords

  CRIME — Sentence — Appeal against sentence — Court of Appeal proposing to quash determinate sentence of imprisonment and substitute special custodial sentence — Whether offender “more severely dealt with on appeal” — Whether consideration to be given to date on which offender becoming eligible for release or date on which offender becoming entitled to automatic release — Criminal Appeal Act 1968 (c 19), s 11(3) — Criminal Justice Act 2003 (c 44), s 236A (as inserted by Criminal Justice and Courts Act 2015 (c 2), s 6, Sch 1, para 2)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Holt v Holley & Steer Solicitors

  07 Jul 2020 [2020] EWCA Civ 851; [2020] 1 WLR 4638; [2021] 1 FLR 246; [2020] WLR (D) 414, CA (McCombe, King LJJ, Keehan J)

  13 Jul 2021 (appn dis) [2021] 1 WLR 4650, SC(E) ( Lord Briggs, Lord Kitchin, Lord Burrows JJSC)

  LIMITATION OF ACTION — Negligence — Accrual of cause of action
  Expand

  Case index catchwords

  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Solicitors instructed by wife to act in financial remedy proceedings failing to obtain expert evidence as to value of matrimonial assets — Wife bringing claim in negligence against solicitors more than six years after final hearing but less than six years after making of financial remedy order — Whether claim time-barred — When wife’s cause of action accruing — Limitation Act 1980 (c 58), s 2

  2 Case(s) considered
• In re M (Declaration of Death of Child) (Manchester University NHS Trust v Namiq)

  28 Jan 2020 [2020] EWHC 5 (Fam); [2020] EWHC 180 (Fam), Fam D (Lieven J)

  28 Jan 2020 (Reporting restriction order) [2020] EWHC 6 (Fam); [2020] EWHC 181 (Fam), Fam D (Lieven J)

  14 Feb 2020 [2020] EWCA Civ 164; [2020] 4 WLR 52; [2020] WLR(D) 99; Judiciary (press summary), CA (Sir Andrew McFarlane P, King, Patten LJJ)

  Subsequent considerations : 2 neutral. Subsequent citations: 11.
  CHILDREN — Family proceedings — Restrictions on publication

  MEDICAL PRACTITIONER — Medical treatment — Removal of artificial ventilation
  Expand

  Case index catchwords

  CHILDREN — Family proceedings — Restrictions on publication — NHS trust seeking declaration of lawfulness of removal of artificial ventilation from child certified clinically dead — Application for restrictions on publication of names of large group of NHS Trust staff involved in child’s treatment — Whether order appropriate

  MEDICAL PRACTITIONER — Medical treatment — Removal of artificial ventilation — Brain-stem death of child following complications at birth — Parents objecting to removal of artificial ventilation — NHS Trust seeking declaration of lawfulness of removal of artificial ventilation — Whether declaration to be made — Whether determination requiring consideration of child’s best interests — Appropriate wording of declaration — Guidance on avoidance of delay in such matters

  6 Case(s) considered

• R (Friends of Antique Cultural Treasures Ltd) v Secretary of State for Environment, Food and Rural Affairs

  05 Nov 2019 [2019] EWHC 2951 (Admin); [2020] Env LR 14; [2020] ACD 9, QBD (Jay J)

  18 May 2020 [2020] EWCA Civ 649; [2020] 1 WLR 3876; [2020] WLR (D) 296; The Times, 23 March 2020, CA (Sir Terence Etherton MR, Singh, Green LJJ)

  30 Jul 2020 Permission to appeal to Supreme Court refused

  Subsequent citations: 3.
  EUROPEAN UNION — Freedom of movement — Goods and services

  HUMAN RIGHTS — Peaceful enjoyment of possessions — Deprivation
  Expand

  Case index catchwords

  EUROPEAN UNION — Freedom of movement — Goods and services — Statutory restrictions on domestic and international trade in ivory — Whether lawful and proportionate — Whether equally effective less restrictive measures available to achieve objectives sought — Ivory Act 2018 (c 30), s 1 — FEU Treaty, arts 34, 35, 36

  HUMAN RIGHTS — Peaceful enjoyment of possessions — Deprivation — Statutory restrictions on domestic and international trade in ivory — Whether infringing right to peaceful enjoyment of possessions — Whether infringing right to respect for property — Whether compensation scheme required — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1 — Ivory Act 2018, s 1 — Charter of Fundamental Rights of the European Union, art 17

  7 Case(s) considered

  2 EU Enactments considered

  2 Statutes considered
• Lloyd v Google LLC

  08 Oct 2018 [2018] EWHC 2599 (QB); [2019] 1 WLR 1265; [2019] 1 All ER 740; [2018] WLR (D) 636, QBD (Warby J)

  02 Oct 2019 [2019] EWCA Civ 1599; [2020] QB 747; [2020] 2 WLR 484; [2020] 2 All ER 676; [2020] 2 All ER (Comm) 128; [2019] WLR (D) 547, CA (Dame Victoria Sharp P, Sir Geoffrey Vos C, Davis LJ)

  11 Mar 2020 (appn all) [2020] 1 WLR 2702; Case details, SC(E) (Lord Wilson, Lord Briggs, Lord Kitchin JJSC)

  10 Nov 2021 (Information Comr intervening) [2021] UKSC 50; [2021] 3 WLR 1268; [2022] 2 All ER 209; [2022] 1 All ER (Comm) 1107; The Times, 10 December 2021, SC(E) (Lord Reed PSC, Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows JJSC)

  Subsequent considerations : 1 negative. Subsequent citations: 31.
  DATA PROTECTION — Personal data — Processing

  PRACTICE — Parties — Representative action
  Expand

  Case index catchwords

  DATA PROTECTION — Personal data — Processing — Claimant seeking compensation for “damage” suffered by reason of contravention of statutory data protection requirements — Claimant applying to serve claim out of jurisdiction — Rules permitting service out where “damage” sustained in jurisdiction or resulting from act committed within jurisdiction — Whether claimant suffering “damage” by reason of non-consensual use of personal data — Data Protection Act 1998 (c 29), ss 4(4), 13 — CPR Practice Direction 6B, para 3.1(9)

  PRACTICE — Parties — Representative action — Whether court empowered to direct that person could not act as representative claimant absent application for such direction — Whether existence of common grievance against same defendant sufficient to satisfy “same interest” condition for bringing of representative claim — CPR r 19.6

  DATA PROTECTION — Personal data — Processing — Claimant seeking compensation for “damage” suffered by reason of contravention of statutory data protection requirements — Whether claimant suffering “damage” by reason of non-consensual use of personal data — Data Protection Act 1998 (c 29), s 13 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Parliament and Council Directive 95/46/EC, art 23(1) — Charter of Fundamental Rights of the European Union, art 8

  PRACTICE — Parties — Representative action — Whether existence of common grievance against same defendant sufficient to satisfy “same interest” condition for bringing representative claim — CPR r 19.6

  DATA PROTECTION — Personal data — Processing — Claimant seeking compensation for “damage” suffered by reason of contravention of statutory data protection requirements — Whether claimant suffering “damage” by reason of non-consensual use of personal data — Data Protection Act 1998 (c 29), s 13 — Parliament and Council Directive 95/46/EC, art 23(1)

  PRACTICE — Parties — Representative action — Guidance as to conduct of representative actions — CPR r 19.6

  11 Case(s) considered

  3 Words & Phrases considered

  2 EU Enactments considered

  2 Statutes considered

  1 Statutory Instrument considered

• Konevod v Secretary of State for Work and Pensions

  20 Mar 2019 [2019] UKUT 87 (AAC), UT

  30 Jun 2020 [2020] EWCA Civ 809; [2020] 1 WLR 5234; [2020] WLR(D) 379, CA (Moylan, Simler LJJ, Sir Stephen Richards)

  Subsequent citations: 2.
  EUROPEAN UNION — Social security — Carer’s allowance
  Expand

  Case index catchwords

  EUROPEAN UNION — Social security — Carer’s allowance — Claimant moving from United Kingdom to Cyprus to care for disabled friend — Secretary of State refusing claimant’s application for carer’s allowance on ground United Kingdom not “competent” for payment of cash sickness benefits for purposes of European Union Regulation — Whether claimant “insured person” residing in member state other than “competent member state” for purposes of Regulation — Whether United Kingdom or Cyprus “competent member state” — Social Security (Contributions and Benefits) Act 1992 (c 4), s 70(4A) (as inserted by Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011 (SI 2011/2426), reg 5(3)) — Parliament and Council Regulation (EC) 883/2004, arts 1, 11, 21

  2 Case(s) considered

  3 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

• In re B (A Child) (International Centre for Family Law, Policy and Practice intervening)

  10 Sep 2020 [2020] EWCA Civ 1187; [2020] 4 WLR 149; [2021] 2 All ER 1246; [2021] 2 FLR 1; [2020] WLR(D) 498, CA ( Moylan, Baker, Phillips LJJ)

  Subsequent citations: 12.
  CHILDREN — Custody rights — Breach
  Expand

  Case index catchwords

  CHILDREN — Custody rights — Breach — Parents of two-year old child living in Australia — Family moving to France for father’s job prospects and setting up home in rented accommodation near father’s family — Family spending Christmas with mother’s family in United Kingdom soon after arrival in France — Father returning to France soon after Christmas but Mother remaining in United Kingdom and refusing to return with child — Whether Australia child’s habitual residence — Whether power to order return to third country — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12

  CHILDREN — Custody rights — Breach — Parents of two-year old child living in Australia — Family moving to France for father’s job and setting up home in rented accommodation near father’s family — Family spending Christmas with mother’s family in United Kingdom soon after arrival in France — Father returning to France soon after Christmas but mother remaining in United Kingdom and refusing to return with child — Whether Australia child’s habitual residence — Whether power to order return to third country — Child Abduction and Custody Act 1985 (c 60), s 1, Sch 1, art 12

  1 Case considered

  1 Statute considered