Results: 1040

• 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
• 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
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  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

• 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

• In re Barclays Bank plc

  29 Oct 2018 [2018] EWHC 2868 (Ch); [2020] Bus LR 497; [2019] 2 All ER (Comm) 356; [2019] 1 BCLC 330; [2019] WLR(D) 535, Ch D (Zacaroli J)

  Subsequent citations: 2.
  FINANCIAL SERVICES — Business transfer — Sanction
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  FINANCIAL SERVICES — Business transfer — Sanction — First and second interconnected banks seeking to transfer part of banking businesses — Court only having jurisdiction to sanction bank transfer scheme if transferor deposit-taking institution — Second bank not having authorisation to accept deposits — Whether court having jurisdiction to order transfer of second bank’s business as matter incidental, consequential and supplementary to first bank’s scheme and necessary to secure scheme fully carried out — Financial Services and Markets Act 2000 (c 8), s 112(1)(d)

  1 Case considered

  1 Statute 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

• Miller v Ministry of Justice (O'Brien v Ministry of Justice)

  09 Nov 2015 [2015] EWCA Civ 1368, CA (Master of the Rolls, Lewison and Underhill LJJ)

  15 Mar 2016 UKEAT/3/15, EAT

  13 Jun 2016 Permission to appeal to Supreme Court given

  16 Dec 2019 [2019] UKSC 60; [2020] ICR 1143; [2020] 3 All ER 621; [2019] WLR (D) 682; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Wilson, Lord Carnwath, Lady Arden JJSC)

  Subsequent citations: 1.
  DISCRIMINATION — Part-time worker — Pension
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  Case index catchwords

  DISCRIMINATION — Part-time worker — Pension — Part-time fee-paid recorders entitled to pro rata pension of full-time circuit judges — Claims brought in employment tribunal more than three months after part-time appointment ceased — Whether three-month time limit running from end of appointment or date of retirement — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 8

  6 Case(s) considered

  1 Statutory Instrument 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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  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