Results: 1874

• Willers v Joyce

  15 May 2015 [2015] EWHC 1315 (Ch); [2015] CN 817, Ch D (Amanda Tipples QC sitting as a deputy judge of the Chancery Division)

  20 Jul 2016 [2016] UKSC 43; [2018] AC 779; [2016] 3 WLR 477; [2017] 2 All ER 327; [2016] WLR (D) 401; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Mance, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Sumption, Lord Reed, Lord Toulson JJSC)

  Subsequent citations: 27.
  TORT — Cause of action — Malicious prosecution
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  Case index catchwords

  TORT — Cause of action — Malicious prosecution — Claimant seeking damages for tort of malicious prosecution of civil proceedings — Defendant seeking to strike out claim — Whether tort known to English law in respect of civil proceedings — Whether claim to be struck out as disclosing no reasonable cause of action

  TORT — Cause of action — Malicious prosecution — Action brought against company director in respect of breaches of contractual and fiduciary duties — Claim withdrawn before trial — Company director claiming damages for tort of malicious prosecution of civil proceedings — Whether tort known to English law

  TORT — Cause of action — Malicious prosecution — Action brought against company director in respect of breaches of contractual and fiduciary duties — Claim withdrawn before trial — Company director claiming damages for tort of malicious prosecution of civil proceedings — Whether tort known to English law

  5 Case(s) considered

• Iraqi Civilians v Ministry of Defence

  07 Nov 2014 [2014] EWHC 3686 (QB); [2015] 2 All ER 714; [2014] WLR (D) 496, QBD (Leggatt J)

  18 May 2015 [2015] EWHC 1254 (QB); [2015] CN 839, QBD (Leggatt J)

  Subsequent citations: 2.
  HUMAN RIGHTS — Liberty — Breach

  TORT — Personal injuries — Liability
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  Case index catchwords

  HUMAN RIGHTS — Liberty — Breach — Claims by Iraqi civilians for unlawful detentions and breaches of human rights by occupying British armed forces — Whether defendant under a duty to detain for reasons of security — Whether defendant’s duty under resolutions prevailing over obligations under Human Rights Convention — Human Rights Act 1998, Sch 1, Pt I, art 5

  TORT — Personal injuries — Liability — Claimants alleging defendant liable for ill-treatment inflicted by US personnel following handover of prisoners by British forces — Tortious claims governed by Iraqi law — Whether Iraqi law providing for joint or vicarious basis of liability of defendant

• Michael Wilson & Partners Ltd v Sinclair (No 2)

  07 Oct 2015 [2015] EWHC 2847 (QB); [2015] CN 1581, QBD (Whipple J)

  07 Feb 2017 Michael Wilson & Partners Ltd v Sinclair (No 2) [2017] EWCA Civ 55; [2017] 1 WLR 3069; [2017] WLR (D) 81, CA

  25 Jul 2017 (appn dis) [2017] 1 WLR 3764, SC(E) (Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath JJSC)

  Subsequent citations: 9.
  PRACTICE — Stay of proceedings — Registration order

  EXECUTION — Money judgment — Stay of execution
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  Case index catchwords

  PRACTICE — Stay of proceedings — Registration order — Master ordering stay of execution of registration order — Whether master erring in exercise of discretion — CPR r 3.1(2)(f)

  EXECUTION — Money judgment — Stay of execution — Order staying execution of registration order — Power under which to be granted — Whether jurisdiction to be exercised only when expedient for special reasons — Whether discretion exercised correctly — CPR rr 3.1(2)(f), 83.7

  1 Case considered

  1 Statutory Instrument considered

• R (Hely Hutchinson) v Revenue and Customs Comrs

  11 Nov 2015 [2015] EWHC 3261 (Admin); [2016] STC 962; [2015] CN 1784, QBD (Whipple J)

  26 Jul 2017 [2017] EWCA Civ 1075; [2018] 1 WLR 1682; [2017] STC 2048; [2017] WLR (D) 517, CA (Lady Justice Arden, Lord Justice McCombe, Lord Justice Sales)

  Subsequent citations: 10.
  REVENUE — Capital Gains Tax — Computation of gain

  JUDICIAL REVIEW — Public authority — Legitimate expectation
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  Case index catchwords

  REVENUE — Capital Gains Tax — Computation of gain — Taxpayer granted options to purchase shares in employee share options scheme — Taxpayer exercising options but immediately selling shares — Taxpayer claiming capital losses on disposal of shares — Whether taxpayer having legitimate expectation that revenue would determine claim consistently with published guidance — Taxes Management Act 1970, ss 9A, 29(2)

  JUDICIAL REVIEW — Public authority — Legitimate expectation — Taxpayer claiming for certain losses in tax return on basis of guidance issued by revenue — Revenue opening inquiry into tax returns — Revenue issuing new guidance announcing previous guidance wrong and tax treatment therein no longer applying — Revenue issuing further guidance that corrected view of law applying in all cases unless detrimental reliance — Revenue issuing closure notices denying taxpayer’s losses — Whether withdrawal of beneficial tax treatment for certain taxpayers only constituting comparative unfairness — Whether withdrawal of guidance unfair — Whether revenue to be permitted to resile from previous guidance

  11 Case(s) considered

  1 Statute considered

• Edenred (UK Group) Ltd v HM Treasury

  22 Jan 2015 [2015] EWHC 90 (QB); [2015] CN 275, QBD (Andrews J)

  31 Mar 2015 [2015] EWCA Civ 326; [2015] CN 604, CA

  01 Jul 2015 [2015] UKSC 45; [2015] PTSR 1088; [2016] 1 All ER 763; [2015] WLR (D) 284; Case details, SC(E)

  Subsequent citations: 4.
  PUBLIC PROCUREMENT — Contract award procedure — Public services contract

  PUBLIC PROCUREMENT — Public services contract — Modification of contract
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  Case index catchwords

  PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax free childcare (“TFC”) accounts to be provided by another government department (“NS&I”) — No invitation to tender for provision of new service — NS&I’s services delivered under existing contract by private sector partner — Whether provision of TFC arrangements “public services contract” — Whether delivery of TFC accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5), reg 5(1) — FEU Treaty, art 56

  PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax-free childcare accounts to be provided by government department — No invitation to tender for provision of new services — Department’s services delivered under existing contract by private sector partner — Whether “public services contract” — Whether delivery of childcare accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5) — FEU Treaty, art 56FEU

  PUBLIC PROCUREMENT — Public services contract — Modification of contract — Government agreeing new scheme of tax-free childcare accounts to be funded through HM Revenue and Customs and provided by government department offering retail savings and investment products (“NS&I”) — Arrangement involving variation of NS&I’s operational services delivered under existing public contract by private sector partner — Whether delivery of childcare accounts requiring substantial modification to existing public services contract — Whether failure to tender in breach of Regulations — Whether arrangement involving separate public services contract between Revenue and NS&I’s private sector partner — Childcare Payments Act 2014, s 16(2) — Public Contracts Regulations 2015, reg 72 — Parliament and Council Directive 2014/24/EU

  1 Case considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered

• Davy v Pickering

  19 Feb 2015 [2015] EWHC 380 (Ch); [2015] CN 327, Ch D (Judge Keyser QC)

  24 Jan 2017 [2017] EWCA Civ 30; [2017] Bus LR 1239; [2017] 2 BCLC 260; [2017] WLR (D) 38, CA

  Subsequent citations: 3.
  COMPANY — Winding up — Directions

  COMPANY — Register — Restoration to register
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  Case index catchwords

  COMPANY — Winding up — Directions — Company restored to register — Directions to be made in conjunction with restoration — Claimant seeking directions for the bringing of a winding up petition — Whether appropriate to give directions sought

  COMPANY — Register — Restoration to register — Company restored to Register of Companies after being struck off— Third party seeking direction preventing limitation period from running while company struck off so as to enable him to bring claim— Proper test for granting direction— Whether appropriate to give direction sought— Companies Act 2006 (c 46), ss 1029(1), 1032(3)

  3 Case(s) considered

  1 Statute considered
• Wood v Capita Insurance Services Ltd (Wood v Sureterm Direct Ltd)

  14 Oct 2014 [2014] EWHC 3240 (Comm); [2014] CN 1772, QBD (Popplewell J)

  30 Jul 2015 [2015] EWCA Civ 839; [2015] CN 1378, CA (Patten, Gloster, Christopher Clarke LJJ)

  29 Mar 2017 [2017] UKSC 24; [2017] AC 1173; [2017] 2 WLR 1095; [2017] 4 All ER 615; [2018] 1 All ER (Comm) 51; 171 Con LR 1; [2017] WLR (D) 220; The Times, 7 April 2017; [2017] CILL 3971; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Hodge JJSC)

  Subsequent considerations : 9 positive; 1 neutral; most recently considered: 2021. Subsequent citations: 393.
  CONTRACT — Construction — Indemnity clause

  CONTRACT — Construction — Indemnity
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  Case index catchwords

  CONTRACT — Construction — Indemnity clause — Share capital of company sold under sale and purchase agreement containing clause indemnifying buyer against payments “arising out of claims or complaints registered with” Financial Services Authority — Company making referral to Financial Services Authority regarding mis-selling of insurance and agreeing to pay compensation to customers — Buyer seeking to be indemnified under indemnity clause — Principles of construction to be applied — Whether indemnity clause applying only in relation to claims or complaints made by customers

  CONTRACT — Construction — Indemnity — Claimant major shareholder in first defendant insurance company — Second defendant purchasing shares — Sale and purchase agreement containing indemnity provision — Whether claimant required to indemnify second defendant for losses arising from alleged mis-selling prior to sale of shares

  4 Case(s) considered

  1 Words & Phrases considered
• Taurus Petroleum Ltd v State Oil Marketing Co of the Ministry of Oil, Republic of Iraq

  18 Nov 2013 [2013] EWHC 3494 (Comm); [2014] 1 All ER (Comm) 942; [2014] 1 Lloyd's Rep 432; [2013] CN 1836, QBD (Field J)

  28 Jul 2015 [2015] EWCA Civ 835; [2016] 2 All ER (Comm) 1037; [2016] 1 Lloyd's Rep 42; [2015] CN 1331; [2015] CP Rep 48, CA

  23 Dec 2015 Permission to appeal to Supreme Court given

  25 Oct 2017 [2017] UKSC 64; [2018] AC 690; [2017] 3 WLR 1170; [2018] 2 All ER 675; [2018] 1 All ER (Comm) 1005; [2018] 1 Lloyd's Rep 29; [2017] WLR (D) 701; Case details, SC(E) (Lord Mance DPSC, Lord Sumption, Lord Hodge JJSC, Lord Neuberger of Abbotsbury, Lord Clarke of Stone-cum-Ebony)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 10.
  EXECUTION — Third party debt proceedings — State immunity

  EXECUTION — Third party debt proceedings — Jurisdiction to make order

  ARBITRATION — Award — Enforcement
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  Case index catchwords

  EXECUTION — Third party debt proceedings — State immunity — Claimant applying to court to enforce arbitral award against defendant — Situs of debts — Whether court having jurisdiction to make interim third party debt orders — Whether defendant entitled to state immunity — State Immunity Act 1978, s 14 — CPR Pt 72

  EXECUTION — Third party debt proceedings — Jurisdiction to make order — Court making third party debt orders in respect of moneys payable under letters of credit issued in London for payment into New York account — Whether court having jurisdiction

  ARBITRATION — Award — Enforcement — Contracts for sale of crude oil by defendant to claimant — Disputes referred to arbitrator and award made in favour of claimant — Defendant declining to pay award — Claimant seeking to enforce award by third party debt orders in respect of letters of credit issued by London branch of French bank for payment to be made to New York bank in favour of party other than defendant — Court granting third party debt orders and appointing receiver — Whether situs of debt in England — Whether English court having jurisdiction to make orders — Whether orders to be set aside

  12 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Iraqi Civilians v Ministry of Defence (No 2)

  26 Jan 2015 [2015] EWHC 116 (QB); [2015] CN 174, QBD (Leggatt J)

  09 Dec 2015 [2015] EWCA Civ 1241; [2016] 1 WLR 1290; [2016] 2 All ER 300; [2015] WLR (D) 515, CA

  11 Feb 2016 Permission to appeal to Supreme Court given

  12 May 2016 [2016] UKSC 25; [2016] 1 WLR 2001; [2017] 2 All ER 79; [2016] WLR (D) 261; Case details, SC(E)

  Subsequent citations: 5.
  CONFLICT OF LAWS — Limitation — Exceptions

  CONFLICT OF LAWS — Limitation of action — Whether foreign limitation period applying
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  Case index catchwords

  CONFLICT OF LAWS — Limitation — Exceptions — Whether claims brought by Iraqi civilians under Iraqi law time barred — Whether time limit in Iraqi Civil Code suspended — Whether Iraqi law on limitation to be disregarded — Foreign Limitation Periods Act 1984, s 2(3)

  CONFLICT OF LAWS — Limitation of action — Whether foreign limitation period applying — Claims brought by Iraqi civilians in England in respect of events occurring in Iraq — Whether provision of Iraqi law barring bringing of claims in Iraq forming part of Iraqi law on limitation — Whether “impediment” rendering it impossible for rights to be claimed in Iraq — Whether suspending time limit imposed by Iraqi limitation law — Whether admissible consideration when determining whether claims time-barred as matter of Iraqi law — Whether claims time-barred — Foreign Limitation Periods Act 1984, ss 1, 2(3), 4(1)

  CONFLICT OF LAWS — Limitation of action — Whether foreign limitation period applying — Claims brought by Iraqi civilians in England in respect of events occurring in Iraq — Provision of Iraqi law barring bringing of claims in Iraq — Provision constituting “impediment” rendering it impossible for rights to be claimed in Iraq — Whether suspending time limit imposed by Iraqi limitation law — Whether claims time-barred — Foreign Limitation Periods Act 1984, ss 1, 4(1)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Bank Mellat v HM Treasury (No 5)

  06 May 2015 [2015] EWHC 1258 (Comm); [2016] 1 All ER (Comm) 766; [2015] CN 766, QBD (Flaux J)

  10 May 2016 [2016] EWCA Civ 452; [2017] QB 67; [2016] 3 WLR 1117; [2017] 1 All ER (Comm) 807; [2017] 2 All ER 139; [2016] WLR (D) 252, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  HUMAN RIGHTS — Claim — “Victim”

  CROWN — Order in Council — Validity

  HUMAN RIGHTS — Breach of Convention rights — Just satisfaction
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  Case index catchwords

  HUMAN RIGHTS — Claim — “Victim” — Treasury making Order in Council prohibiting persons operating in UK financial sector from dealing with claimant Iranian bank — Claimant seeking damages against Treasury on human rights grounds — Claim including claim for loss of earnings of UK bank in which claimant majority shareholder — Whether UK bank “victim” and so able to bring human rights claim — Whether claimant thereby precluded from bringing human rights claim — Human Rights Act 1998 (c 42), ss 7, 8, Sch 1, Pt II, art 1

  CROWN — Order in Council — Validity — Treasury making Order in Council containing direction prohibiting transactions or business relationships with Iranian bank in order to prevent facilitation of production of nuclear weapons in Iran — Effect of Order to shut bank out from United Kingdom financial sector — Bank claiming damages for loss caused by Order — Supreme Court remitting case to High Court and preliminary issues arising for determination — Whether bank free to pursue claim for diminution in value of its shareholding in subsidiary — Human Rights Act 1998 (c 42), ss 7, 8, Sch 1, Pt II, art 1 — Financial Restrictions (Iran) Order 2009 (Si 2009/2725)

  HUMAN RIGHTS — Breach of Convention rights — Just satisfaction — Treasury making Order in Council prohibiting persons operating in United Kingdom financial sector from dealing with claimant Iranian bank — Claimant seeking damages against Treasury as just satisfaction for breach of Convention rights including claim for loss of earnings of English bank in which claimant majority shareholder — Whether English bank “victim” and so able to bring just satisfaction claim in its own right — Whether claimant thereby precluded from bringing just satisfaction claim in respect of English bank’s losses — Human Rights Act 1998, ss 7, 8, Sch 1, Pt II, art 1 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969)

  10 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

  1 International Agreement considered