Results: 962

• 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
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  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
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  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

• In re Maud (Edgeworth Capital (Luxembourg) SARL v Maud, Libyan Investment Authority v Maud)

  08 Jun 2020 [2020] EWHC 1469 (Ch); [2021] Bus LR 1533; [2020] WLR(D) 335, Ch D (Snowden J)

  BANKRUPTCY — Costs — Order
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  Case index catchwords

  BANKRUPTCY — Costs — Order — Creditors bringing two separate bankruptcy petitions against debtor — Bankruptcy order made on second petition rather than first — Whether court having jurisdiction to award both creditors’ costs as expense of bankruptcy — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 10.149(i)

  1 Case considered

  1 Statutory Instrument considered

• R (Charles) v Secretary of State for Foreign and Commonwealth Affairs

  24 Nov 2020 [2020] EWHC 3185 (Admin); [2021] 1 WLR 1394; [2020] WLR(D) 641, DC (Flaux LJ, Saini J)

  Subsequent citations: 2.
  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity
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  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Employment — Foreign and Commonwealth Office permitting United States’ Government to establish mission away from London Embassy including administrative and technical employees subject to advance waiver of immunity of employees from UK criminal jurisdiction — Employee’s spouse involved in car accident resulting in death of claimants’ son — US refusing UK request for extradition of employee’s spouse following her return to US — Whether employee’s spouse enjoying diplomatic immunity from criminal jurisdiction — Whether family members of employees covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 7, 32, 37(2), 39

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — United States waiving immunity from criminal jurisdiction of members of administrative and technical staff of United States mission — Whether spouse of staff member enjoying immunity from criminal jurisdiction — Whether family of staff members covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 31(1), 32, 37(2), 39 — Vienna Convention on Diplomatic Relations (1961), art 7

  2 Case(s) considered

  1 Statute considered

  1 International Agreement 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
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  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

• R (Williams) v Caerphilly County Borough Council

  24 Jun 2019 [2019] EWHC 1618 (Admin); [2020] LLR 204, QBD

  03 Mar 2020 [2020] EWCA Civ 296; [2020] PTSR 1130; [2020] WLR(D) 138, CA (Flaux, Haddon-Cave, Males LJJ)

  06 Aug 2020 (appn dis) [2020] PTSR 1640, SC(E) (Lord Hodge DPSC, Lord Lloyd-Jones, Lord Burrows JJSC)

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Powers — Sports and recreation facilities
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  LOCAL GOVERNMENT — Powers — Sports and recreation facilities — Funding — Local authority’s executive cabinet adopting strategy for provision of sports and recreation facilities over ten-year period — Whether executive decision to adopt strategy unlawful — Whether decision on adoption of strategy reserved to full council — Whether strategy “arrangement to secure continuous improvement in the exercise” of local authority’s functions — Whether local authority required to undertake consultation with local residents — Local Government Act 2000 (c 22), s 13(3) (as amended by Localism Act 2011 (c 20), s 22, Sch 3, para 13(2)) — Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (SI 2007/399) (W 45), reg 6(1), Sch 4, para 2 — Local Government (Wales) Measure 2009 (nawm 2), ss 2, 5

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered

• Simawi v General Medical Council

  11 Aug 2020 [2020] EWHC 2168 (Admin); [2021] 1 WLR 110; [2020] WLR(D) 469, QBD (Julian Knowles J)

  Subsequent citations: 2.
  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal
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  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal — Tribunal finding practitioner’s fitness to practise impaired — Tribunal suspending practitioner from register for nine months with direction for suspension to be reviewed prior to expiry — Whether length of suspension appropriate — Whether practitioner having right of appeal against review direction — Medical Act 1983 (c 54), ss 35D(2)(b)(4A), 40(1)

  1 Statute 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
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  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

• GR Property Management Ltd v Safdar

  03 Nov 2020 [2020] EWCA Civ 1441; [2021] 1 WLR 908; [2020] WLR(D) 594, CA (Lewison, Arnold, Nugee LJJ)

  Subsequent citations: 1.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenants’ right to acquire freehold
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenants’ right to acquire freehold — Tenants serving initial notice claiming right to acquire freehold of premises — Freeholder disputing terms of acquisition — Tenants applying to County Court to amend initial notice and determine terms of acquisition — Whether County Court capable of being “appropriate tribunal” to determine terms of acquisition — Leasehold Reform, Housing and Urban Development Act 1993 (c 28), ss 24, 29(2), 38, 90, 91

  1 Words & Phrases considered

  1 Statute considered
• Director of Public Prosecutions v M

  15 Dec 2020 [2020] EWHC 3422 (Admin); [2021] 1 WLR 1669; [2020] WLR(D) 681, DC (Simler LJ, William Davis J)

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  CRIME — Evidence — Expert evidence
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  Case index catchwords

  CRIME — Evidence — Expert evidence — Defendant relying on statutory defence of being victim of exploitation — Single Competent Authority making conclusive grounds decision that defendant victim of exploitation — Whether conclusive grounds decision admissible as expert evidence — Modern Slavery Act 2015 (c 30), s 45(4)

  5 Case(s) considered

  1 Statute considered