Results: 1135

• 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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  Case index catchwords

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

  18 Sep 2017 [2017] EWHC 2301 (Admin); [2018] 2 All ER 573, QBD (Soole J)

  31 Jul 2018 [2018] EWCA Civ 1812; [2018] 4 WLR 123; [2019] 1 All ER 416; [2018] WLR (D) 497, CA (Hickinbottom, Singh, Asplin LJJ)

  Subsequent considerations : 2 positive; most recently considered: 2019. Subsequent citations: 32.
  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child
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  Case index catchwords

  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child — Unaccompanied children in migrant camp in France seeking asylum to join family members in United Kingdom — Camp closed and occupants dispersed to accommodation centres — Expedited process to identify and transfer unaccompanied children with family members in United Kingdom — Whether compliant with European Union law — Whether compliant with common law — Parliament and Council Regulation (EU) No 604/2013

  3 Case(s) considered

  1 EU Enactment considered

• Heeds v Chief Constable of Cleveland Police (Tascor Services Ltd, Part 20 defendant)

  18 Apr 2018 [2018] EWHC 810 (QB); [2019] ICR 513; [2018] WLR(D) 226, QBD (Jeremy Baker J)

  HEALTH AND SAFETY — Employer’s duty — Workplace
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  Case index catchwords

  HEALTH AND SAFETY — Employer’s duty — Workplace — Claimant police officer sustaining personal injury when trapping thumb in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Whether liability established — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), reg 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  HEALTH AND SAFETY — Employer’s duty — Workplace — Police officer sustaining injury to thumb by trapping it in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by Regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), regs 5(1), 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  4 Case(s) considered

  2 Statutory Instruments considered

• A v Migrationsverket

  25 Jul 2018 (Case C-404/17); EU:C:2018:588; [2018] 1 WLR 4668; [2018] WLR(D) 474, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan, Advocate General M Wathelet)

  EUROPEAN UNION — Immigration — Asylum

  EUROPEAN UNION — Reference for a preliminary ruling — Asylum policy
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  Case index catchwords

  EUROPEAN UNION — Immigration — Asylum — Safe country of origin — Application for asylum in member state — Application rejected as manifestly unfounded on ground that applicant’s country of origin able to offer effective protection according to information provided by applicant himself — No legislative or regulatory provisions adopted by member state to designate safe countries of origin in accordance with procedure laid down by European Union law — Whether provisions of European Union law in such circumstances permitting member state to reject application as manifestly unfounded for insufficiency of applicant’s representations — Parliament and Council Directive 2013/32/EU, arts 31(8)(b), 32(2), 36, 37

  EUROPEAN UNION — Immigration — Asylum — Safe country of origin — Application for asylum in member state — No legislative or regulatory provisions adopted by member state to designate safe countries of origin in accordance with procedure laid down by European Union law — Whether provisions of European Union law in such circumstances permitting member state to reject application as manifestly unfounded for insufficiency of applicant’s representations — Parliament and Council Directive 2013/32/EU, arts 31(8)(b), 32(2), 36, 37

  EUROPEAN UNION — Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 31(8) and Article 32(2) — Manifestly unfounded application for international protection — Concept of safe country of origin — No national rules concerning that concept — Applicant’s representations considered to be reliable but insufficient having regard to the satisfactory protection offered by the applicant’s country of origin

  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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  Case index catchwords

  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

• In re Barclays Bank plc (No 2) (In re Woolwich Plan Managers Ltd)

  09 Mar 2018 [2018] EWHC 472 (Ch); [2018] Bus LR 1618; [2018] 4 All ER 845; [2018] 2 All ER (Comm) 890; [2018] 2 BCLC 38; [2018] WLR (D) 158, Ch D (Sir Geoffrey Vos C)

  Subsequent citations: 5.
  FINANCIAL SERVICES — Business transfer — Ring-fencing scheme

  FINANCIAL SERVICES — Business transfer — Ringfencing scheme
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  Case index catchwords

  FINANCIAL SERVICES — Business transfer — Ring-fencing scheme — Statute requiring banks to put in place ring-fencing scheme to isolate retail banking from investment activity — Banks applying for court’s sanction of scheme — Exercise of discretion — Approach to be adopted — Whether scheme to be sanctioned — Financial Services and Markets Act 2000 (c 8), ss 109A, 111

  FINANCIAL SERVICES — Business transfer — Ringfencing scheme — Statute requiring banks to put in place ringfencing scheme to isolate retail banking from investment activity — Banks applying for court’s sanction of scheme — Approach to be adopted — Whether scheme to be sanctioned — Financial Services and Markets Act 2000 (c 8) (as amended by Dormant Bank and Building Society Accounts Act 2008 (c 31), Sch 2, para 4(2) and Financial Services (Banking Reform) Act 2013 (c 33), Sch 1, paras 8, 10(2)(3)), ss 109A, 111

  1 Statute considered

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

  14 Jun 2018 [2018] EWCA Civ 1369; [2019] 1 WLR 463; [2018] WLR(D) 368, CA (Hickinbottom, Moylan, Singh LJJ)

  Subsequent citations: 1.
  IMMIGRATION — Leave to remain — Refusal
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  Case index catchwords

  IMMIGRATION — Leave to remain — Refusal — Requirement for applicant to have spent continuous period of five years lawfully in United Kingdom — Whether “residence” to be equated with presence — Secretary of State refusing leave to remain outside Immigration Rules — Whether Secretary of State’s failure to take into account former more generous rules on residence — Statement of Changes in Immigration Rules (1994) (HC 395), paras 245AAA, 245CD

  IMMIGRATION — Leave to remain — Refusal — Tier 1 (General) migrant seeking indefinite leave to remain required to have spent continuous period of five years lawfully in United Kingdom — Whether “residence” to be equated with presence — Secretary of State refusing leave to remain outside Immigration Rules — Whether Secretary of State’s falure to take into account former more generous rules on residence unlawful — Statement of Changes in Immigration Rules (1994) (HC 395), paras 245AAA, 245CD

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• Tager v Revenue and Customs Comrs (Revenue and Customs Comrs v Tager)

  06 Mar 2015 [2015] UKUT 40 (TCC); [2015] STC 1687, UT

  07 Dec 2015 [2015] UKUT 663 (TCC), UT

  24 Feb 2017 [2017] UKUT 84 (TCC), UT

  20 Jul 2018 [2018] EWCA Civ 1727; [2019] 1 WLR 720; [2018] WLR(D) 463, CA (McCombe, King, Henderson LJJ)

  Subsequent citations: 5.
  REVENUE — Income tax — Penalty

  REVENUE — Inspection, right of — Information notice
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  Case index catchwords

  REVENUE — Income tax — Penalty — Taxpayer failing to furnish information to revenue — Penalty calculated with regard to amount of unpaid tax — Whether tax-related penalties to be imposed — Finance Act 2008, Sch 36, para 50

  REVENUE — Inspection, right of — Information notice — Revenue issuing notices requiring taxpayer to provide information and produce documents for purpose of checking taxpayer’s tax position — Revenue imposing fixed and daily penalties for non-compliance — Upper Tribunal imposing additional penalties — Approach to be taken by tribunal to assessment of additional penalty — Whether level of penalties reasonable in the circumstances — Whether tribunal erring in interpretation and application of requirement to have regard to tax not paid or not likely to be paid — Finance Act 2008 (c 9), Sch 36, para 50(1)(3)

  REVENUE — Inspection, right of — Information notice — Taxpayer failing to comply with information notices served by revenue — Revenue imposing fixed and daily penalties for non-compliance — Upper Tribunal imposing additional penalties for continued non-compliance — Proper approach to assessment of additional penalty — Finance Act 2008 (c 9), Sch 36, para 50(1)(3) (as amended by Finance Act 2011 (c 11), s 86(2), Sch 24, para 5)

  3 Case(s) considered

  1 Statute considered

• Santos-Albert v Ochi

  23 May 2018 [2018] EWHC 1277 (Ch); [2018] 4 WLR 88; [2018] 4 All ER 265; [2018] WLR (D) 315, Ch D (Mr Justice Snowden)

  Subsequent citations: 1.
  PRACTICE — Slip rule — Correction of errors
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  Case index catchwords

  PRACTICE — Slip rule — Correction of errors — Final charging order drawn up in respect of defendant’s property — District judge exercising power under slip rule to make amendments to order — Defendant contending amendment significantly changing amount secured — Whether amendment permitted under slip rule — CPR r 40.12

  PRACTICE — Slip rule — Correction of errors — Final charging order drawn up in respect of defendant’s property — District judge exercising power under slip rule to make amendment to order — Defendant contending amendment significantly changing amount secured — Whether amendment permitted under slip rule — CPR r 40.12

  1 Statutory Instrument considered

• Nasrullah v Rashid

  29 Nov 2018 [2018] EWCA Civ 2685; [2020] Ch 37; [2019] 2 WLR 1310; [2019] 4 All ER 424; [2018] WLR (D) 731, CA (Lewison, King, Peter Jackson LJJ)

  Subsequent citations: 3.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Registered proprietor deprived of title by forged transfer — New registered proprietor complicit in fraud and occupying property — Original proprietor applying to rectify register 24 years later — Whether new registered proprietor having adverse possession claim — Whether registered proprietor precluded from relying on own fraud — Whether exceptional circumstances justifying not altering register — Land Registration Act 1925 (15 & 16 Geo 5, c 21), ss 20(4), 69, 75 — Land Registration Act 2002 (c 9), Sch 4, paras 2, 3(3), Sch 12, para 18 — Limitation Act 1980 (c 58) (as amended by Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 25(2), Sch 4), ss 15, 18, Sch 1, para 1

  5 Case(s) considered

  3 Statutes considered