Results: 7670

• Emerald Supplies Ltd v British Airways plc (No 1) (Air Canada, third parties) (Korean Airlines Co Ltd, fourth parties) (Emerald Supplies Ltd v British Airways plc (No 2) (Air Canada, third parties) (Polar Air Cargo llc, fourth parties))

  28 Oct 2014 [2014] EWHC 3513 (Ch); [2014] CN 1855, Ch D (Peter Smith J)

  14 Oct 2015 [2015] EWCA Civ 1024; [2016] Bus LR 145; [2015] WLR (D) 411, CA

  23 May 2016 (appn dis) [2016] Bus LR 713, SC(E)

  Subsequent citations: 12.
  PRACTICE — Judgment — Redaction

  COMPETITION — Commission decision — Presumption of innocence

  TORT — Cause of action — Intention to injure
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  Case index catchwords

  PRACTICE — Judgment — Redaction — European Commission issuing Decision — Defendant making redactions to Decision — Claimants seeking review of lawfulness of redactions — Whether possible for English judge to order disclosure of European Decision in un-redacted form — Whether protections necessary in making such an order — Whether decision of English court on such an application potentially conflicting with future EC decisions

  COMPETITION — Commission decision — Presumption of innocence — Duty of sincere co-operation — Commission issuing confidential Decision containing infringement findings or allusions to infringements not in operative part — Claimants bringing damages proceedings in national court seeking disclosure of unredacted confidential version of Decision — Commission subsequently publishing provisional non-confidential version with protected material redacted — Judge directing disclosure of unredacted confidential version to confidentiality ring — Application of EU principle of presumption of innocence to national proceedings — Whether national court obliged to afford same protection as afforded at Community level — EU Treaty, art 4(3)EU — FEU Treaty, art 101FEU — Charter of Fundamental Rights of the European Union, art 48

  TORT — Cause of action — Intention to injure — Commission finding defendant infringing competition law — Claimants issuing proceedings claiming unlawful interference with business and unlawful means conspiracy arising out of alleged unlawful cartel — Defendant applying to strike out economic torts — Whether claimants showing necessary intent to injure particular claimants

  8 Case(s) considered

  3 EU Enactments considered

• Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania

  30 Jul 2014 [2014] EWHC 2528 (Admin); [2015] 1 WLR 1953; [2014] WLR (D) 356, DC

  Subsequent citations: 13.
  EXTRADITION — Appeal — Prison conditions in requesting state
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  Case index catchwords

  EXTRADITION — Appeal — Prison conditions in requesting state — Extradition to Romania pursuant to European arrest warrant — Whether subjection to Romanian overcrowded prison conditions breach of Convention rights — Whether extradition to proceed — Human Rights Act 1998, Sch 1, Pt I, art 3

  1 Statute considered
• R v Brennan

  21 Nov 2014 [2014] EWCA Crim 2387; [2015] 1 WLR 2060; [2015] 1 Cr App R 161; [2014] WLR (D) 502, CA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  CRIME — Homicide — Diminished responsibility
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  Case index catchwords

  CRIME — Homicide — Diminished responsibility — Defendant charged with murder — Uncontradicted expert evidence adduced that defendant’s mental disorder significant contributory factor causing him to kill — Defendant convicted of murder — Whether right to continue prosecution on murder charge — Whether judge to withdraw charge from jury — Homicide Act 1957, s 2 (as substituted by Coroners and Justice Act 2009, s 52)

  4 Case(s) considered

  1 Statute considered

• Deutsche Bank AG v Unitech Global Ltd (No 3) (Deutsche Bank AG v Unitech Ltd)

  03 Oct 2014 [2014] EWHC 3117 (Comm); [2014] CN 1665, QBD (Teare J)

  03 Mar 2016 [2016] EWCA Civ 119; [2016] 1 WLR 3598; [2017] 1 All ER 570; [2016] 2 All ER (Comm) 689; [2016] WLR (D) 119, CA

  Subsequent citations: 5.
  PRACTICE — Payment into court — Interim payment

  PRACTICE — Case management — Power to impose conditions

  PRACTICE — Interim payment — Jurisdiction
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  Case index catchwords

  PRACTICE — Payment into court — Interim payment — Claimant banks claiming sum due under loan agreements — Defendant borrowers amending pleadings to include rescission — Whether defendants having real prospect of defending claim — Whether appropriate to order payment into court or interim payment to claimants — CPR Pts 3, 24, 25

  PRACTICE — Case management — Power to impose conditions — Judge setting aside order for summary judgment — Whether power to make setting aside conditional on payment into court — Whether to be exercised — CPR r 3.1(3), Pt 24

  PRACTICE — Interim payment — Jurisdiction — Defendant resisting claim to enforce contract on grounds of misrepresentation — Defendant liable to make restitution of certain sums to claimant if defence successful — Whether power to order interim payment of such sums — Senior Courts Act 1981, s 32(5) — CPR r 25.1(1)(k)

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument 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

• R v Clayton

  23 May 2014 [2014] EWCA Crim 1030; [2014] 1 WLR 3994; [2014] 2 Cr App R 296; [2014] WLR (D) 231, CA

  Subsequent citations: 4.
  PLANNING — Enforcement notice — Failure to comply
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  Case index catchwords

  PLANNING — Enforcement notice — Failure to comply — Defendants charged with failure to comply with enforcement notice — Notice valid on face — Information available suggesting factual basis for issue of notice not in existence — Whether prosecution to be stayed as abuse of process — Whether tantamount to challenge to validity of enforcement notice in criminal proceedings — Town and Country Planning Act 1990, s 285(1) (as amended by Planning and Compensation Act 1991, Sch 19, Pt 1)

  2 Case(s) considered

  1 Statute 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

• Richmond Pharmacology Ltd v Chester Overseas Ltd

  01 Aug 2014 [2014] EWHC 2692 (Ch); [2014] Bus LR 1110; [2014] WLR (D) 365, Ch D (Stephen Jourdan QC sitting as a deputy High Court judge)

  10 Nov 2014 [2014] EWHC 3418 (Ch); [2014] CN 1970, Ch D (Stephen Jourdan QCsitting as a deputy High Court judge)

  Subsequent citations: 3.
  COSTS — Order for costs — Indemnity basis

  COMPANY — Director — Breach of duty
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  Case index catchwords

  COSTS — Order for costs — Indemnity basis — Whether claim having requisite level of unreasonableness — Whether order for indemnity costs to be made

  COMPANY — Director — Breach of duty — First defendant company having minority shareholding in claimant company — Second and third defendants appointed by first defendant to claimants’ board of directors — First defendant marketing its minority holding in claimant to third parties — Whether in course of marketing shares first defendant disclosing claimant’s confidential information to third parties — Whether breaching obligations to claimant under shareholder agreement — Test for determining whether director in breach of general statutory duties — Whether by causing first defendant to breach agreement second and third defendants breaching statutory and equitable duties owed to claimant — Whether claimant estopped from asserting that defendants in breach of duties — Companies Act 2006, ss 172, 174, 175

  2 Case(s) considered

  1 Statute considered
• AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH

  11 Apr 2014 [2014] EWHC 1085 (Comm); [2015] QB 699; [2015] 2 WLR 187; [2015] 1 All ER (Comm) 374; [2014] WLR (D) 182; [2014] 2 Lloyd’s Rep 349, QBD (Popplewell J)

  26 Feb 2015 [2015] EWCA Civ 143; [2015] QB 699; [2015] 3 WLR 282; [2016] 1 All ER (Comm) 486; [2015] WLR (D) 95, CA

  28 Jul 2015 (appn all) [2015] 1 WLR 4935, SC(E)

  02 Feb 2016 (appn all) [2016] 1 WLR 1159, SC(E)

  01 Mar 2017 [2017] UKSC 13; [2018] AC 439; [2017] 2 WLR 853; [2017] 4 All ER 382; [2017] 2 All ER (Comm) 1041; [2017] WLR (D) 154; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Hodge JJSC)

  Subsequent considerations : 1 positive. Subsequent citations: 39.
  COSTS — Discretion of court — Order against successful party

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction
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  Case index catchwords

  COSTS — Discretion of court — Order against successful party — Court of Appeal ordering part of costs of proceedings to be paid by successful party — Whether successful party to recover full costs — CPR r 44.2

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction — Matters relating to tort, delict or quasi-delict — Claimant entering into agreements with clients containing exclusive English jurisdiction clauses — German defendant allegedly inducing clients to breach clauses by bringing claims against claimant in Germany — Claimant bringing claim against defendant in England alleging tort of wrongfully inducing breach of contract — Nature of harm resulting from alleged tortious conduct — Whether “harmful event occurred” in England — Whether English court having jurisdiction — Council Regulation (EC) No 44/2001, art 5(3)

  5 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• 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