Results: 3899

• Criminal proceedings against ML (Generalstaatsanwaltschaft Bremen intervening)

  25 Jul 2018 (Case C-220/18PPU); (Case C-220/18 PPU); EU:C:2018:589; EU:C:2018:547; [2019] 1 WLR 1052; [2018] WLR(D) 517, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan Advocate General M Campos Sánchez-Bordona)

  Subsequent considerations : 1 positive; 2 neutral; most recently considered: 2022. Subsequent citations: 19.
  EXTRADITION — European arrest warrant — Grounds for non-execution

  EUROPEAN UNION — Reference for a preliminary ruling — Urgent preliminary ruling procedure
  Expand

  Case index catchwords

  EXTRADITION — European arrest warrant — Grounds for non-execution — Requested person arrested pursuant to European arrest warrant issued for purpose of serving custodial sentence — Executing judicial authority having evidence of deficiencies in detention conditions in requesting member state — New legal remedy enabling prisoners in requesting member state to challenge detention conditions — Whether executing judicial authority able to rule out real risk that requested person would be subjected to inhuman and degrading treatment — Whether executing authority required to assess detention conditions in all prisons in which requested person could potentially be detained — Charter of Fundamental Rights of the European Union, art 4 — Council Framework Decision 2002/584/JHA (as amended by Council Framework Decision 2009/299/JHA, art 2(2)), arts 1(3), 5, 6(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant –Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States –– Conditions for execution –– Grounds for non-execution — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State — Scope of the assessment undertaken by the executing judicial authorities –– Existence of a legal remedy in the issuing Member State — Assurance given by the authorities of that Member State

  2 Case(s) considered

  2 EU Enactments considered
• R (Citizens UK) v Secretary of State for the Home Department

  18 Sep 2017 [2017] EWHC 2301 (Admin); [2018] 2 All ER 573, QBD (Soole J)

  31 Jul 2018 [2018] EWCA Civ 1812; [2018] 4 WLR 123; [2019] 1 All ER 416; [2018] WLR (D) 497, CA (Hickinbottom, Singh, Asplin LJJ)

  Subsequent considerations : 2 positive; most recently considered: 2019. Subsequent citations: 32.
  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child
  Expand

  Case index catchwords

  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child — Unaccompanied children in migrant camp in France seeking asylum to join family members in United Kingdom — Camp closed and occupants dispersed to accommodation centres — Expedited process to identify and transfer unaccompanied children with family members in United Kingdom — Whether compliant with European Union law — Whether compliant with common law — Parliament and Council Regulation (EU) No 604/2013

  3 Case(s) 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
  Expand

  Case index catchwords

  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

• Heeds v Chief Constable of Cleveland Police (Tascor Services Ltd, Part 20 defendant)

  18 Apr 2018 [2018] EWHC 810 (QB); [2019] ICR 513; [2018] WLR(D) 226, QBD (Jeremy Baker J)

  HEALTH AND SAFETY — Employer’s duty — Workplace
  Expand

  Case index catchwords

  HEALTH AND SAFETY — Employer’s duty — Workplace — Claimant police officer sustaining personal injury when trapping thumb in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Whether liability established — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), reg 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  HEALTH AND SAFETY — Employer’s duty — Workplace — Police officer sustaining injury to thumb by trapping it in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by Regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), regs 5(1), 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  4 Case(s) considered

  2 Statutory Instruments considered

• A v Migrationsverket

  25 Jul 2018 (Case C-404/17); EU:C:2018:588; [2018] 1 WLR 4668; [2018] WLR(D) 474, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan, Advocate General M Wathelet)

  EUROPEAN UNION — Immigration — Asylum

  EUROPEAN UNION — Reference for a preliminary ruling — Asylum policy
  Expand

  Case index catchwords

  EUROPEAN UNION — Immigration — Asylum — Safe country of origin — Application for asylum in member state — Application rejected as manifestly unfounded on ground that applicant’s country of origin able to offer effective protection according to information provided by applicant himself — No legislative or regulatory provisions adopted by member state to designate safe countries of origin in accordance with procedure laid down by European Union law — Whether provisions of European Union law in such circumstances permitting member state to reject application as manifestly unfounded for insufficiency of applicant’s representations — Parliament and Council Directive 2013/32/EU, arts 31(8)(b), 32(2), 36, 37

  EUROPEAN UNION — Immigration — Asylum — Safe country of origin — Application for asylum in member state — No legislative or regulatory provisions adopted by member state to designate safe countries of origin in accordance with procedure laid down by European Union law — Whether provisions of European Union law in such circumstances permitting member state to reject application as manifestly unfounded for insufficiency of applicant’s representations — Parliament and Council Directive 2013/32/EU, arts 31(8)(b), 32(2), 36, 37

  EUROPEAN UNION — Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 31(8) and Article 32(2) — Manifestly unfounded application for international protection — Concept of safe country of origin — No national rules concerning that concept — Applicant’s representations considered to be reliable but insufficient having regard to the satisfactory protection offered by the applicant’s country of origin

  1 EU Enactment considered

• Cheerupmate2 Ltd v Calce

  15 Sep 2017 [2017] UKUT 377 (TCC), UT (TCC) (Judge Elizabeth Cooke)

  12 Oct 2018 [2018] EWCA Civ 2230; [2019] 1 WLR 1813; [2018] WLR(D) 522, CA (Lewison, Peter Jackson, Newey LJJ)

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry
  Expand

  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Long lease containing forfeiture clause — Landlord serving notice for payment of rent and later purporting to re-enter — Whether notice valid — When rent due — When time begins running — Commonhold and Leasehold Reform Act 2002 (c 15), s 166(4)

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Long lease containing forfeiture clause permitting re-entry if rent in arrears for two years after it had become due — Landlord serving notice for payment of rent in respect of previous five years on specified date — Landlord purporting to re-enter for non-paynent day after specified date — Whether notice valid — When rent due — When time beginning to run — Whether right of re-entry arising only after laspe of two years from specified date — Whether landlord validly re-entering property — Commonhold and Leasehold Reform Act 2002 (c 15), s 166 — Landlord and Tenant (Notice of Rent) (England) Regulations 2004 (SI 2004/3096), reg 2(2), Sch 1, para 1

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Charman v Revenue and Customs Comrs

  20 Dec 2018 [2018] UKFTT 765 (TC), FTT (Judge Rachel Short and Shameem Akhtar)

  27 Aug 2020 [2020] UKUT 253 (TCC); [2020] STC 1907, UT (TCC) (Falk J and Judge Thomas Scott)

  03 Dec 2021 [2021] EWCA Civ 1804; [2022] 1 WLR 2277; [2022] STC 157; [2021] WLR(D) 613, CA (Green, Arnold, Snowden LJJ)

  REVENUE — Income tax — Earnings

  REVENUE — Income tax — Employment
  Expand

  Case index catchwords

  REVENUE — Income tax — Earnings — Employment-related restricted securities — Employer granting taxpayer share options vesting in three tranches over separate years — Shares restricted under terms including continued employment — Shares exchanged for those in related company — Whether right to acquire securities arising on date of grant of options or when each tranche vested — Whether interest in shares in related company acquired “as a director or employee” — Income Tax (Earnings and Pensions) Act 2003, ss 420(8), 423, 474, 476

  REVENUE — Income tax — Employment — Earnings — Employer granting taxpayer options to purchase shares in company — Options vesting in three tranches — Taxpayer resident in United Kingdom when first two tranches vesting but not third — Whether taxpayer liable to tax in respect of third tranche — Whether taxpayer resident in United Kingdom when third tranche of options acquired — Whether “acquisition” of options occurring when options granted or when options vesting — Income Tax (Earnings and Pensions) Act 2003 (c 1), ss 420(8), 474(1), 476

  9 Case(s) considered

  1 Words & Phrases considered

  1 Statute 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
  Expand

  Case index catchwords

  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
  Expand

  Case index catchwords

  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

• In re Barclays Bank plc (No 2) (In re Woolwich Plan Managers Ltd)

  09 Mar 2018 [2018] EWHC 472 (Ch); [2018] Bus LR 1618; [2018] 4 All ER 845; [2018] 2 All ER (Comm) 890; [2018] 2 BCLC 38; [2018] WLR (D) 158, Ch D (Sir Geoffrey Vos C)

  Subsequent citations: 5.
  FINANCIAL SERVICES — Business transfer — Ring-fencing scheme

  FINANCIAL SERVICES — Business transfer — Ringfencing scheme
  Expand

  Case index catchwords

  FINANCIAL SERVICES — Business transfer — Ring-fencing scheme — Statute requiring banks to put in place ring-fencing scheme to isolate retail banking from investment activity — Banks applying for court’s sanction of scheme — Exercise of discretion — Approach to be adopted — Whether scheme to be sanctioned — Financial Services and Markets Act 2000 (c 8), ss 109A, 111

  FINANCIAL SERVICES — Business transfer — Ringfencing scheme — Statute requiring banks to put in place ringfencing scheme to isolate retail banking from investment activity — Banks applying for court’s sanction of scheme — Approach to be adopted — Whether scheme to be sanctioned — Financial Services and Markets Act 2000 (c 8) (as amended by Dormant Bank and Building Society Accounts Act 2008 (c 31), Sch 2, para 4(2) and Financial Services (Banking Reform) Act 2013 (c 33), Sch 1, paras 8, 10(2)(3)), ss 109A, 111

  1 Statute considered