Results: 428

• R (CN) v Secretary of State for Health and Social Care

  04 Feb 2022 [2022] EWCA Civ 86; [2022] 4 WLR 73; [2022] WLR(D) 68, CA (Sir Geoffrey Vos MR, King, Dingemans LJJ)

  Subsequent citations: 1.
  HUMAN RIGHTS — Discrimination — Similar relevant status
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  HUMAN RIGHTS — Discrimination — Similar relevant status — Claimant contracting hepatitis B from contaminated NHS blood transfusion — Ex gratia scheme supporting those contracting hepatitis C or HIV from unscreened contaminated blood supplied by NHS — Scheme not including those with hepatitis B since NHS blood screened for such virus — Whether those infected with hepatitis B in relevantly similar position to those infected with hepatitis C or HIV — Whether exclusion from scheme of those with hepatitis B justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14, Pt II, art 1

  3 Case(s) considered

  1 Statute considered

• Lord Chancellor v Ross

  05 Nov 2021 [2021] EWHC 2961 (QB); [2022] 1 WLR 1375; [2021] WLR(D) 562, QBD (Lambert J)

  CRIME — Costs — Power to award
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  CRIME — Costs — Power to award — Legally-aided defendant found unfit to stand trial in criminal proceedings — Court appointing defendant’s legal representative for purposes of proceedings to determine whether defendant did acts or made omissions charged as offence — Whether representative’s costs to be ordered out of central funds or paid via advocates’ graduated fee scheme — Whether costs incurred in “criminal proceedings” — Criminal Procedure (Insanity) Act 1964 (c 84), s 4A — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 14 — Criminal Legal Aid (Remuneration) Regulations 2013 (SI 2013/435), Sch 1, para 31

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• 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

• In re D (A Child) (Appeal from the Registration of a Maintenance Order)

  11 May 2022 [2022] EWCA Civ 641; [2022] 4 WLR 63, CA (Lewison, Moylan, Baker LJJ)

  Subsequent citations: 1.
  HUSBAND AND WIFE — Maintenance order — Registration of foreign order
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  HUSBAND AND WIFE — Maintenance order — Registration of foreign order — Foreign child maintenance order registered under Hague Child Support Convention — Extent of right of appeal — Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007), art 23(1)(5) — FPR r 30.3(1)(1B), PD 30A, para 2.1

  1 Statutory Instrument considered

  1 International Agreement considered

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

  16 Dec 2021 [2021] EWHC 3415 (Admin); [2022] 2 WLR 845; [2022] 3 All ER 1112; [2021] WLR(D) 633, QBD (Bourne J)

  Subsequent citations: 2.
  NATIONALITY — British citizenship — Acquisition
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  NATIONALITY — British citizenship — Acquisition — Claimants coming to United Kingdom as part of Windrush generation but subsequently refused re-entry because of lack of documentation to prove right to remain indefinitely — Claimants subsequently admitted to United Kingdom but refused naturalisation as British citizens on ground not satisfying five-year rule for presence in United Kingdom — Whether five-year rule discriminating against claimants in enjoyment of right to respect for private and family life — Whether five-year rule unjustifiably infringing such right — Whether legislation to be read and given effect compatibly with Convention rights — Whether discretion to disapply five-year rule to be implied — British Nationality Act 1981 (c 61), Sch 1, paras 1(2)(a), 2(1)(a) — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 8, 14

  7 Case(s) considered

  2 Statutes considered

• Shah v Power

  11 Feb 2022 [2022] EWHC 209 (QB); [2022] 1 WLR 3015; [2022] WLR(D) 81, QBD (Eyre J)

  BUILDING — Party wall — Dispute resolution procedure
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  BUILDING — Party wall — Dispute resolution procedure — Property owner carrying out works without serving statutory party wall notice — Whether neighbouring owners entitled to invoke statutory dispute resolution procedure in absence of notice — Party Wall etc Act 1996 (c 40), ss 10, 20

  3 Case(s) considered

  1 Statute considered

• Charman v Revenue and Customs Comrs

  20 Dec 2018 [2018] UKFTT 765 (TC), FTT (Judge Rachel Short and Shameem Akhtar)

  27 Aug 2020 [2020] UKUT 253 (TCC); [2020] STC 1907, UT (TCC) (Falk J and Judge Thomas Scott)

  03 Dec 2021 [2021] EWCA Civ 1804; [2022] 1 WLR 2277; [2022] STC 157; [2021] WLR(D) 613, CA (Green, Arnold, Snowden LJJ)

  REVENUE — Income tax — Earnings

  REVENUE — Income tax — Employment
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  REVENUE — Income tax — Earnings — Employment-related restricted securities — Employer granting taxpayer share options vesting in three tranches over separate years — Shares restricted under terms including continued employment — Shares exchanged for those in related company — Whether right to acquire securities arising on date of grant of options or when each tranche vested — Whether interest in shares in related company acquired “as a director or employee” — Income Tax (Earnings and Pensions) Act 2003, ss 420(8), 423, 474, 476

  REVENUE — Income tax — Employment — Earnings — Employer granting taxpayer options to purchase shares in company — Options vesting in three tranches — Taxpayer resident in United Kingdom when first two tranches vesting but not third — Whether taxpayer liable to tax in respect of third tranche — Whether taxpayer resident in United Kingdom when third tranche of options acquired — Whether “acquisition” of options occurring when options granted or when options vesting — Income Tax (Earnings and Pensions) Act 2003 (c 1), ss 420(8), 474(1), 476

  9 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Palmview Estates Ltd v Thurrock Council

  15 Dec 2020 [2020] UKUT 355 (LC), UT

  09 Dec 2021 [2021] EWCA Civ 1871; [2022] 1 WLR 1896; [2021] WLR(D) 623, CA (King, Asplin, Elisabeth Laing LJJ)

  HOUSING — Private rented sector — Licensing of houses
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  HOUSING — Private rented sector — Licensing of houses — Local authority imposing financial penalty on landlord for having control of or managing house in multiple occupation without licence — Landlord relying on “reasonable excuse” defence — Whether reasonable excuse for failing to apply for licence necessarily sufficient to make out defence — Housing Act 2004 (c 34), s 72(5)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• A v B

  18 May 2021 [2021] EWFC 45; [2022] Fam 163; [2022] 2 WLR 617; [2022] 1 FLR 804; [2021] WLR(D) 345, Fam Ct (Cobb J)

  ADOPTION — Adoption order — Adoption by one person
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  ADOPTION — Adoption order — Adoption by one person — Unmarried couple having two children together via sperm donor — Older child adopted by non-biological parent but parties separating before younger child adopted — Parties continuing to parent children jointly — Whether non-biological parent able to apply to adopt younger child — Whether non-biological parent “partner” of biological parent — Whether parents “living as partners in an enduring family relationship” — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, art 8 — Adoption and Children Act 2002 (c 38), ss 1(1)(2), 51(2), 144

  3 Case(s) considered

  2 Statutes considered

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

  12 Oct 2021 [2021] EWHC 2722 (Admin); [2022] 1 WLR 1312; [2021] WLR(D) 523, QBD (Linden J)

  Subsequent considerations : most recently considered: 2022. Subsequent citations: 2.
  IMMIGRATION — Human trafficking — Victim
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  IMMIGRATION — Human trafficking — Victim — Victim of human trafficking making asylum and human rights protection claims — Secretary of State postponing decision whether to grant leave to remain as victim of trafficking until after claims determined — Victim seeking judicial review of decision on ground decision in breach of international commitments on human trafficking — Whether claim justiciable — Whether Secretary of State’s policy in accordance with international commitments — Convention on Action against Trafficking in Human Beings 2005 (Cm 7465), art 14(1)(a)

  4 Case(s) considered

  1 International Agreement considered