Results: 1969

• 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
• Deutsche Bank AG London Branch v Petromena ASA

  14 Oct 2013 [2013] EWHC 3065 (Comm); [2013] CN 1615, QBD (Gloster LJ)

  18 Mar 2015 [2015] EWCA Civ 226; [2015] 1 WLR 4225; [2016] 1 All ER (Comm) 440; [2015] 2 Lloyd's Rep 15; [2015] WLR (D) 133; [2015] CP Rep 27, CA

  23 Jul 2015 (appn dis) [2015] 1 WLR 4932, SC(E)

  Subsequent considerations : 2 positive; most recently considered: 2019. Subsequent citations: 20.
  CONFLICT OF LAWS — Jurisdiction under Convention — Contract

  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction

  PRACTICE — Acknowledgement of service — Jurisdiction
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Convention — Contract — Whether claims contractual — Whether “matters relating to a contract” — Whether English court having jurisdiction

  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction — Bank holding bonds issued by Norwegian company — Loan agreement having Norwegian exclusive jurisdiction clause — Bank’s London branch offering finance to company but then selling bonds to company’s competitor — Company bringing proceedings in Norway for compensation alleging breach of duty and negligent advice — Whether London place of performance of any contract between parties — Whether dispute connected with legal relationship created by loan agreement — Whether exclusive jurisdiction clause applying — Whether English courts having jurisdiction — Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), arts 5, 23

  PRACTICE — Acknowledgement of service — Jurisdiction — Defendant acknowledging service of claimant’s proceedings but disputing English courts’ jurisdiction — Judge dismissing defendant’s application for declaration that English courts having no jurisdiction — Defendant filing second acknowledgement of service and seeking permission to appeal — Whether second acknowledgement of service constituting submission to jurisdiction — Whether defendant thereby entering appearance before English courts — CPRr 11(8) — Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), art 24

  3 Case(s) considered

  1 Statutory Instrument considered

  1 International Agreement 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
• Tael One Partners Ltd v Morgan Stanley & Co International plc

  09 Jul 2012 [2012] EWHC 1858 (Comm), QBD (Popplewell J)

  01 May 2013 [2013] EWCA Civ 473; [2013] 1 CLC 879; [2013] CN 656, CA

  11 Mar 2015 [2015] UKSC 12; [2015] Bus LR 278; [2015] 4 All ER 545; [2015] 2 All ER (Comm) 1067; The Times, 23 March 2015; [2015] WLR (D) 122; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  CONTRACT — Construction — Secondary loan agreement
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  Case index catchwords

  CONTRACT — Construction — Secondary loan agreement — Facility agreement providing for payment premium to be paid by borrower on repayment of loan — Claimant lender transferring participation in loan to defendant — Whether payment premium “expressed to accrue by reference to lapse of time” — Whether claimant having entitlement to payment premium attributable to period prior to transfer — Loan Market Association standard terms and conditions for par trade transactions, condition 11(9)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Standard Form considered
• In re M (Brussels II Revised: Article 15) (In re D (A Child), Nottingham City Council v LM)

  18 Dec 2013 [2013] EWHC 4078 (Fam); [2014] 2 FLR 496; [2013] CN 2004, Fam D (Mostyn J)

  21 Feb 2014 [2014] EWCA Civ 152; [2014] 2 FLR 1372; [2014] WLR (D) 92, CA

  18 Sep 2014 [2014] EWHC 3388 (Fam); [2014] CN 1751, Fam D (Mostyn J)

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 49.
  CHILDREN — Care proceedings — Mother’s application for transfer to courts of Czech Republic

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings

  CHILDREN — Care proceedings — Local authority seeking care and placement orders
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  Case index catchwords

  CHILDREN — Care proceedings — Mother’s application for transfer to courts of Czech Republic — Whether application to be granted

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings — Judge requesting Czech court to assume jurisdiction in relation to care proceedings concerning child — Whether judge erring — Council Regulation (EC) No 2201/2003, arts 8, 15

  CHILDREN — Care proceedings — Local authority seeking care and placement orders — Whether orders to be made

• C v C (Court of Protection: Disclosure) (RC v CC)

  08 May 2013 [2013] EWCOP 1424; [2013] CN 769, Ct of Protection (Judge Cardinal sitting as a High Court judge)

  31 Jan 2014 [2014] EWCOP 131; [2014] 1 WLR 2731; [2014] WLR (D) 43, Ct of Protection (Sir James Munby P)

  Subsequent citations: 5.
  MENTAL DISORDER — Incapable person — Birth mother seeking to re-establish contact with child

  MENTAL DISORDER — Court of Protection — Disclosure
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  Case index catchwords

  MENTAL DISORDER — Incapable person — Birth mother seeking to re-establish contact with child — Whether disclosure of certain documents strictly necessary

  MENTAL DISORDER — Court of Protection — Disclosure — Application by birth mother for contact with adopted incapacitated adult daughter — Judge restricting disclosure to birth mother of documents filed by local authority — Whether disclosure principles applicable in children cases applying — Test to be applied — Whether non-disclosure strictly necessary

  7 Case(s) considered

• R (Hussein) v Secretary of State for Defence

  01 Feb 2013 [2013] EWHC 95 (Admin); [2013] CN 897, DC

  31 Jul 2014 [2014] EWCA Civ 1087; [2014] WLR (D) 361, CA

  Subsequent citations: 7.
  HUMAN RIGHTS — Laws of war — Iraqi seized and subjected to shouting regime

  INTERNATIONAL LAW — War — Geneva Conventions
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  Case index catchwords

  HUMAN RIGHTS — Laws of war — Iraqi seized and subjected to shouting regime — Whether policy behind treatment of detainees humane and lawful

  INTERNATIONAL LAW — War — Geneva Conventions — Secretary of State’s policy authorising questioning of captured persons by means of technique involving shouting — Whether policy giving rise to unacceptable risk of inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment — Whether compatible with international law — Geneva Conventions Act 1957 (5 & 6 Eliz 2, c 52), Sch 3, art 3, 17
• Patel v Mirza

  05 Jul 2013 [2013] EWHC 1892 (Ch); [2013] Lloyd's Rep FC 525; [2013] WTLR 1755; [2013] CN 1169, Ch D (David Donaldson QC)

  29 Jul 2014 [2014] EWCA Civ 1047; [2015] Ch 271; [2015] 2 WLR 405; [2015] 1 All ER 326; [2015] 2 All ER (Comm) 1; [2014] Lloyd's Rep FC 561; [2015] 1 BCLC 256; [2014] WTLR 1567; The Times, 12 August 2014; [2014] WLR (D) 337, CA

  15 Dec 2014 Permission to appeal to Supreme Court given

  20 Jul 2016 [2016] UKSC 42; [2017] AC 467; [2016] 3 WLR 399; [2017] 1 All ER 191; [2016] 2 Lloyd's Rep 300; The Times, 25 August 2016; [2016] WLR (D) 417; Case details, SC(E)

  Subsequent considerations : 8 positive; 6 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 94.
  CONTRACT — Formation — Whether contract concluded

  CONTRACT — Illegality — Enforceability
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  Case index catchwords

  CONTRACT — Formation — Whether contract concluded — Claimant advancing moneys to defendant for purpose of entering into contract to bet on share price of bank — Whether sums advanced recoverable

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Whether claimant’s case relying on illegal agreement — Whether claimant barred from relying on illegal agreement if no part of it carried into effect due to frustration

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Circumstances in which claims based on illegality enforceable — Whether claimant entitled to repayment

  6 Case(s) considered
• A v A (Children: Habitual Residence) (Re A (Jurisdiction: Return of Child))

  26 Oct 2012 [2012] EWCA Civ 1396; [2013] Fam 232; [2013] 2 WLR 1061; [2013] 1 FLR 1041; [2012] WLR (D) 297, CA (Thorpe LJ, Rimer LJ, Patten LJ)

  09 Sep 2013 (Reunite International Child Abduction Centre intervening) [2013] UKSC 60; [2014] AC 1; [2013] 3 WLR 761; [2014] 1 All ER 827; [2014] 1 FLR 111; [2013] WLR (D) 345; Case details, SC(E)

  07 Oct 2013 [2013] EWHC 3298 (Fam); [2014] 2 FLR 244; [2013] CN 1699, Fam D (Parker J)

  07 Nov 2013 [2013] EWHC 3554 (Fam); [2014] 2 FLR 365; [2013] CN 1737, Fam D (Parker J)

  Subsequent considerations : 21 positive; 5 neutral. Subsequent citations: 206.
  CHILDREN — Custody rights — Jurisdiction

  CHILDREN — Custody rights — Nationality as basis of jurisdiction

  CHILDREN — Care proceedings — Children at high risk of emotional harm
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  Case index catchwords

  CHILDREN — Custody rights — Jurisdiction — Habitual residence — Three children born in England — Father removing children from mother while family on holiday in Pakistan and keeping them there without mother’s consent — Fourth child born in Pakistan while mother forcibly detained there by father — Father thwarting mother’s attempt to bring all children to England — Mother applying to English court for order for return of children — Whether child born in Pakistan acquiring on birth habitual residence in England — Whether prior physical presence in England necessary prerequisite of finding of habitual residence — Whether court in any event having jurisdiction to order return on basis of child’s nationality — Family Law Act 1986, ss 1(1)(a)(d), 2(1), 3(1) (as amended by Children Act 1989, s 108, Sch 13, para 63(1) and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005, regs 8(2), 10) — Council Regulation (EC) No 2201/2003, arts 1(1)(b), 8(1), 14

  CHILDREN — Custody rights — Nationality as basis of jurisdiction — Whether child to be returned

  CHILDREN — Care proceedings — Children at high risk of emotional harm — Only interim care order appropriate

  13 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

• Chhabra v West London Mental Health NHS Trust

  25 Jan 2013 [2013] EWCA Civ 11; [2013] CN 120, CA

  18 Dec 2013 [2013] UKSC 80; [2014] ICR 194; [2014] 1 All ER 943; [2013] WLR (D) 504; Case details, SC(E)

  Subsequent citations: 19.
  EMPLOYMENT — Medical profession — Disciplinary proceedings

  EMPLOYMENT — Contract of employment — Disciplinary proceedings
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  Case index catchwords

  EMPLOYMENT — Medical profession — Disciplinary proceedings — Whether lawfully instituted against doctor

  EMPLOYMENT — Contract of employment — Disciplinary proceedings — Disciplinary procedure applicable to doctors — Psychiatrist breaching patient confidentiality by having documents visible and dictating reports on train — Employer commissioning investigation under disciplinary policy — Respective roles of case investigator and case manager — Whether non-deliberate breach of patient confidentiality amounting to gross misconduct — Whether employer to be restrained from charging breaches as gross misconduct

  1 Case considered