Results: 1099

• 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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  Case index catchwords

  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

• Ravenscroft v Canal & River Trust

  24 Jul 2017 [2017] EWHC 1874 (Ch); [2018] 1 WLR 249; [2017] WLR (D) 510, Ch D (Asplin J)

  STATUTORY POWER — Construction — Statutory navigational authority

  RIVER — Statutory navigational authority — Extent of powers
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  Case index catchwords

  STATUTORY POWER — Construction — Statutory navigational authority — Claimant mooring pleasure boat on waterway without licence — Authority removing boat and agreeing to release upon payment of removal and storage charges and licence fee arrears — Whether boat moored on “main navigable channel” and therefore requiring licence — Whether removal of boat breach of claimant’s right to peaceful enjoyment of his possessions — Whether removal of vessel and its release upon payment of fees constituting levying of unlawful distress — Statute of Marlborough 1267 (52 Hen 3), ss 1, 4 — British Waterways Act 1971 (c 18), ss 4, 5 — British Waterways Act 1983 (c 2), s 8 — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1

  RIVER — Statutory navigational authority — Extent of powers — Claimant mooring pleasure boat on river — No pleasure boat certificate in force in respect of boat — Authority removing boat and agreeing to release on payment of removal and storage charges and licence fee arrears — Whether boat moored on “main navigable channel” so as to require certificate — Whether unlawfully moored — Whether removal of boat breach of claimant’s Convention right to peaceful enjoyment of his possessions — Whether removal of boat and its release on payment of fees constituting levying of unlawful distress — British Waterways Act 1971 (c xviii), ss 4, 5 — British Waterways Act 1983 (c ii), s 8 — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1

  1 Case considered

  1 Words & Phrases considered

  3 Statutes considered
• R (Westminster City Council) v Crown Court at Southwark (R (Owadally) v Westminster Magistrates’ Court)

  17 May 2017 [2017] EWHC 1092 (Admin) {0} {1}; [2017] 1 WLR 4350; [2017] 2 Cr App R 18; [2017] WLR (D) 349, DC (Gross LJ, Ouseley J)

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  CROWN COURT — Jurisdiction — Validity of committal

  JUSTICES — Magistrates’ court — Plea
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  Case index catchwords

  CROWN COURT — Jurisdiction — Validity of committal — Counsel giving indications of guilty pleas on behalf of defendants in magistrates’ court — Crown Court ruling that indications and subsequent committal to Crown Court invalid — Whether Crown Court having jurisdiction so to rule — Whether ruling to be quashed as having been made without jurisdiction

  JUSTICES — Magistrates’ court — Plea — Indication of plea — Counsel giving indications of guilty pleas on behalf of defendants — Whether requirement for indications of plea to be given by defendants personally — Whether indications and subsequent committal to Crown Court invalid — Magistrates’ Courts Act 1980 (c 43) (as amended by Criminal Procedure and Investigations Act 1996 (c 25), s 49(2), Criminal Justice Act 2003 (c 44), s 41, Sch 3, para 2(1)(2) and Criminal Justice and Immigration Act 2008 (c 4), s 53, Sch 13, para 2), ss 9(1), 17A

  3 Case(s) considered

  1 Statute considered

• McCann v State Hospitals Board for Scotland

  [2014] CSIH 71; 2015 SLR 905, Ct of Sess

  11 Apr 2017 [2017] UKSC 31; [2017] 1 WLR 1455; [2017] 4 All ER 449; [2017] WLR (D) 268; Case details; 2017 SC (UKSC) 121, SC

  Subsequent citations: 1.
  HUMAN RIGHTS — Respect for private life — Smoking ban

  MENTAL DISORDER — Scotland — Mental disorder

  ADMINISTRATIVE LAW — Judicial review — Ultra vires

  MENTAL HEALTH — Care and treatment — Discharge of functions
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  HUMAN RIGHTS — Respect for private life — Smoking ban — Scottish state hospital introducing comprehensive ban on smoking — Ban extending to hospital grounds and home visits — Supporting measures prohibiting possession of tobacco products in hospital grounds and establishing procedures for searching patients and visitors for and confiscating such products — Detained patient seeking judicial review of extent of ban and supporting measures — Whether complying with statutory requirements — Whether breaching Convention rights to respect for private life and non-discrimination — National Health Service (Scotland) Act 1978 (c 29), s 102(4) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss 1, 286 — Mental Health (Safety and Security) (Scotland) Regulations 2005 (SSI 2005/464), regs 2, 4, 5

  MENTAL DISORDER — Scotland — Mental disorder — Detained patient — Scottish state hospital introducing comprehensive ban on smoking — Ban extending to hospital grounds and home visits — Supporting measures prohibiting possession of tobacco products in hospital grounds and establishing procedures for searching patients and visitors for and confiscating such products — Detained patient seeking judicial review of extent of ban and supporting measures — Whether complying with statutory requirements — National Health Service (Scotland) Act 1978, s 102(4) — Mental Health (Care and Treatment) (Scotland) Act 2003, ss 1, 286 — Mental Health (Safety and Security) (Scotland) Regulations 2005, regs 2, 4, 5

  ADMINISTRATIVE LAW — Judicial review — Ultra vires — State hospital

  MENTAL HEALTH — Care and treatment — Discharge of functions — State hospital

  1 Case considered

  3 Statutes considered

  1 Statutory Instrument considered

• R (A) v Central Criminal Court (R (C) v Central Criminal Court)

  26 Jan 2017 [2017] EWHC 70 (Admin); [2017] 1 WLR 3567; [2017] WLR (D) 339, DC (Gross LJ, Ouseley J)

  Subsequent citations: 4.
  POLICE — Search, right of — Search warrant

  POLICE — Mobile phone seized under search warrants — Whether properly subject of search warrant even though it might contain legally privileged or excluded material
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  Case index catchwords

  POLICE — Search, right of — Search warrant — Police obtaining search warrants authorising search of claimants’ premises to seize and retain “special procedure material” consisting of mobile phones and SIM cards - Whether search warrants unlawful for lack of reasonable grounds for believing that legally privileged material or “excluded material” would not be found in property to be seized - Proper application of search warrant legislation to mobile phones - Police and Criminal Evidence Act 1984 (c 60) (as amended by Criminal Justice and Police Act 2001 (c 16), s 86(1), Courts Act 2003 (c 39), ss 65, 110, Sch 4, paras 5, 6(1) and Serious Organised Crime and Police Act 2005 (c 15), ss 113(13)(a)(b), 178), ss 9, 14(2), 15(6), 16(5), Sch 1, para 12 - Criminal Justice and Police Act 2001 (c 16), s 50

  POLICE — Search, right of — Search warrant — Police obtaining search warrants authorising search of claimants’ premises to seize and retain “special procedure material” consisting of mobile phones and SIM cards — Whether search warrants unlawful for lack of reasonable grounds for believing that legally privileged or excluded material would not be found in property to be seized — Proper application of search warrant legislation to mobile phones — Police and Criminal Evidence Act 1984 (c 60) (as amended by Serious Organised Crime and Police Act 2005 (c 5), s 113(3)(a)(b)), ss 9(1), 14(2), 15(6)(b), 16(5)(b), Sch 1, para 12 — Criminal Justice and Police Act 2001 (c 16), s 50

  POLICE — Mobile phone seized under search warrants — Whether properly subject of search warrant even though it might contain legally privileged or excluded material

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Harrison v University Hospitals Coventry & Warwickshire NHS Trust

  21 Jun 2017 [2017] EWCA Civ 792; [2017] 1 WLR 4456; [2017] WLR (D) 420, CA (Sir Terence Etherton, Lady Justice Black, Lord Justice Davis)

  Subsequent citations: 11.
  COSTS — Costs management — Approval of costs budget
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  Case index catchwords

  COSTS — Costs management — Approval of costs budget — Costs management order in medical negligence claim — Detailed assessment by costs judge after settlement of claim — Whether requirement of good reason to depart from approved budget — Whether same requirement for costs incurred pre-budget — CPRr 3.18, Practice Direction 3E, para 7.4

  COSTS — Costs management — Approval of costs budget — Costs management order in medical negligence claim — Detailed assessment by costs judge after settlement of claim — Whether departure from approved costs budget permissible only for “good reason” — Whether same requirement for costs incurred pre-budget — When case “commenced” for purposes of transitional provisions relating to proportionality — CPR r 3.18, Practice Direction 3E, para 7.4, r 44.3(7)(a)

  3 Case(s) considered

  2 Words & Phrases considered

  1 Statutory Instrument considered
• Criminal proceedings concerning Vilkas (Minister for Justice and Equality v Vilkas)

  25 Jan 2017 (Case C-640/15); EU:C:2017:39; [2017] 4 WLR 69; [2017] WLR (D) 41, ECJ

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 11.
  EXTRADITION — European arrest warrant — Time limit for execution

  EUROPEAN UNION — Reference for a preliminary ruling — Police and judicial cooperation in criminal matters
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  Case index catchwords

  EXTRADITION — European arrest warrant — Time limit for execution — Consequences of failure to observe time limits — Repeated resistance of requested person to surrender — Whether executing and issuing authorities permitted to agree on new surrender date — Council Framework Decision (2002/584/JHA) (as amended by Council Framework Decision 2009/299/JHA), art 23

  EUROPEAN UNION — Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 23 — Time limit for surrender of the requested person — Possibility of agreeing on a new surrender date on a number of occasions — Resistance of the requested person to his surrender — Force majeure

  1 Case 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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  Case index catchwords

  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

• Flood v Times Newspapers Ltd (No 2) (Frost v MGN Ltd (No 2))

  19 Dec 2013 [2013] EWHC 4075 (QB); [2013] CN 1987, QBD (Nicola Davies J)

  04 Dec 2014 [2014] EWCA Civ 1574; [2014] CN 2134, CA

  11 Apr 2017 [2017] UKSC 33; [2017] 1 WLR 1415; [2017] 4 All ER 733; [2017] WLR (D) 273; Case details, SC(E)

  Subsequent citations: 13.
  DEFAMATION — Damages for libel — Assessment

  COSTS — Damages — Discretion

  COSTS — Discretion of court — Defamation action

  COSTS — Order for costs — Success fees and after the event insurance premiums
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  Case index catchwords

  DEFAMATION — Damages for libel — Assessment — Defendant publishing article alleging claimant guilty of corruption — Investigation clearing claimant of alleged wrongdoing — Defendant pursuing defence of justification until late stage — Assessment of damages due to claimant

  COSTS — Damages — Discretion — Claimant bringing libel proceedings against defendant — Claimant awarded damages and entire costs of action — Whether judge exceeding wide ambit of discretion

  COSTS — Discretion of court — Defamation action — Judge awarding total costs of action to claimant despite newspaper publisher successfully defending majority of claim — Judge starting from position that claimant entitled to costs as winner unless reason to depart from such position — Judge taking account of defendant’s conduct and attitude towards settlement before trial — Whether judge’s approach within ambit of court’s discretion in costs determination — Whether requirement on judge to take account in defamation action of chilling effect of adverse costs order on public interest journalism — CPR r 44.2(2)

  COSTS — Order for costs — Success fees and after the event insurance premiums — Costs regime in place allowing for recovery of success fees and after the event insurance premiums in defamation and privacy actions — Award of damages for libel or breach of privacy against defendant newspaper publishers in three actions — Costs order against defendants in each action including claimants’ additional liabilities by way of success fee and after the event insurance premium — Whether inclusion of additional liabilities in breach of defendants’ Convention rights to freedom of expression — Whether additional liabilities recoverable — Courts and Legal Services Act 1990 (c 41), s 58A(6) (inserted by Access to Justice Act 1999 (c 22), s 27) — Human Rights Act 1998 (c 42), s 8(1), Sch 1, Pt I, art 10, Pt II, art 1 — Access to Justice Act 1999 (c 22), s 29

  5 Case(s) considered

  3 Statutes considered
• Lungowe v Vedanta Resources plc

  27 May 2016 [2016] EWHC 975 (TCC); [2016] BCC 774; [2016] BLR 461, QBD

  13 Oct 2017 [2017] EWCA Civ 1528; [2018] 1 WLR 3575; [2017] WLR(D) 741, CA (Jackson, Simon, Asplin LJJ)

  23 Mar 2018 Permission to appeal to Supreme Court given

  10 Apr 2019 (International Commission of Jurists intervening) [2019] UKSC 20; [2020] AC 1045; [2019] 2 WLR 1051; [2019] 3 All ER 1013; [2019] 2 All ER (Comm) 559; [2019] 2 Lloyd's Rep 399; [2019] WLR (D) 241; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Wilson, Lord Hodge, Lady Black, Lord Briggs JJSC)

  Subsequent considerations : 2 positive; 3 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 109.
  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Forum non conveniens

  PRACTICE — Claim form — Service out of jurisdiction
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Forum non conveniens — Claimants’ claims against defendants domiciled in United Kingdom and Zambia respectively — English courts having jursidiction under Regulation in respect of United Kingdom defendant — Whether courts having discretion to decline jurisdiction in favour of Zambian courts — Parliament and Council Regulation (EU) No 1215/2012, art 4

  PRACTICE — Claim form — Service out of jurisdiction — Claimants’ claims against defendants domiciled in United Kingdom and Zambia respectively — Claimants granted permission to serve claim form on Zambian defendant out of jurisdiction — Whether “real issue” between claimants and United Kingdom defendant to which Zambian defendant necessary and proper party — Proper approach where issue of law in underlying litigation fundamental to court’s jurisdiction — CPR r 6.36, Practice Direction 6B, para 3.1

  PRACTICE — Claim form — Service out of jurisdiction — Claimants’ claims against defendants domiciled in United Kingdom and Zambia respectively — Claimants granted permission to serve claim form on Zambian defendant out of jurisdiction — Whether “real issue” between claimants and United Kingdom defendant to which Zambian defendant necessary and proper party — Whether England “proper place” for hearing claim — Whether claimants able to achieve substantial justice if claim heard in Zambia — CPR rr 6.36, 6.37(3), Practice Direction 6B, para 3.1

  10 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered