Results: 4010

• Thorpe v Frank

  [2017] UKUT 427 (TCC), UT

  14 Feb 2019 [2019] EWCA Civ 150; [2019] 1 WLR 6217; [2019] WLR(D) 101, CA (McCombe, David Richards, Newey LJJ)

  Subsequent citations: 2.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Owner of bungalow paving over triangle of land in front of bungalow — Triangle in fact part of title to neighbouring bungalow — Whether paving of triangle sufficient to constitute taking factual possession of triangle for purposes of adverse possession claim — Whether necessary to have prevented others from passing over triangle — Limitation Act 1980 (c 58), s 15, Sch 1, paras 1, 8(1)

  3 Case(s) considered

  1 Statute considered

• In re S (A Child) (No 2)

  27 Feb 2019 [2019] EWFC 12; [2019] 1 WLR 5045; [2019] WLR(D) 289, Fam Ct (William Tyler QC sitting as a deputy High Court judge)

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — High Court accepting transfer of care proceedings from Irish court — Mother’s application for care proceedings to be returned to Ireland refused — Mother making second application for proceedings to be transferred after further change in circumstances — Whether bar to second application — Whether High Court better placed to hear case — Council Regulation (EC) No 2201/2003, art 15

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — High Court refusing mother’s application for care proceedings to be transferred to Irish court — Whether refusal constituting bar to making second application for transfer to Irish court — Proper approach to second application for transfer — Council Regulation (EC) No 2201/2003, art 15

  1 Case considered

  1 EU Enactment considered
• R (Hassett) v Secretary of State for Justice (R (Price) v Secretary of State for Justice)

  04 May 2017 [2017] EWCA Civ 331; [2017] 1 WLR 4750; [2017] WLR (D) 304, CA (Black, Sales and Moylan LJJ)

  08 Apr 2019 (appn dis) [2019] 1 WLR 3393, SC(E) (Lord Reed DPSC, Lord Carnwath, Lord Kitchin JJSC)

  Subsequent considerations : 1 neutral. Subsequent citations: 14.
  PRISONS — Prisoners’ rights — Security categorisation
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  Case index catchwords

  PRISONS — Prisoners’ rights — Security categorisation — Category A Review Team recommending continuation of prisoners’ security categorisation without holding oral hearing — Whether oral hearing required by common law procedural fairness

  3 Case(s) 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
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  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

• Procter v Procter

  20 May 2019 [2019] EWHC 1199 (Ch), Ch D (Judge Davis-White QC)

  12 Feb 2021 [2021] EWCA Civ 167; [2021] Ch 395; [2021] 2 WLR 1249; [2022] 1 All ER 358; [2021] WLR(D) 97, CA (Lewison, Arnold, Nugee LJJ)

  Subsequent citations: 3.
  LANDLORD AND TENANT — Tenancy — Lease to oneself
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  Case index catchwords

  LANDLORD AND TENANT — Tenancy — Lease to oneself — Landlords purportedly granting tenancy to themselves and another — Whether tenancy capable of being created where putative landlords and putative tenants overlapping and where existence of tenancy to be inferred from conduct — Whether such tenancy taking effect as tenancy at will — Whether tenancy benefiting from statutory protection for agricultural holdings — Law of Property Act 1925 (15 & 16 Geo 5, c 20), s 53 — Agricultural Holdings Act 1986 (c 5), s 2

  2 Case(s) considered

  2 Statutes considered

• Gray v Hurley

  23 Jul 2019 [2019] EWHC 1972 (QB); [2019] 1 WLR 5333; [2019] WLR(D) 428, QBD (Lavender J)

  12 Dec 2019 [2019] EWCA Civ 2222; [2020] 1 FLR 864, CA (Patten, Hickinbottom, Peter Jackson LJJ)

  Subsequent citations: 2.
  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Anti-suit injunction

  CONFLICT OF LAWS — Jurisdiction under European Regulation — Anti-suit injunction
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Anti-suit injunction — Civil claim brought in non-member state against person domiciled in member state — Right of person domiciled in member state to be sued in courts of that member state — Whether right capable of being enforced by anti-suit injunction — Parliament and Council Regulation (EU) No 1215/2012, art 4(1)

  CONFLICT OF LAWS — Jurisdiction under European Regulation — Anti-suit injunction — Civil claim brought in non-member state against person domiciled in member state — Right of person domiciled in member state to be sued in courts of that member state — Whether right capable of being enforced by anti-suit injunction — Whether EU Regulation conferring directly enforceable right upon person domiciled in member state — Whether matter acte clair or reference for preliminary ruling to be made — Parliament and Council Regulation (EU) No 1215/2012, arts 4(1), 22(1)

  4 Case(s) considered

  1 EU Enactment 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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  Case index catchwords

  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
• Financial Conduct Authority v McKendrick

  01 Mar 2019 [2019] EWHC 607 (Ch), Ch D (Marcus Smith J)

  28 Mar 2019 [2019] EWCA Civ 524; [2019] 4 WLR 65; [2019] WLR(D) 192, CA (Hamblen, Holroyde LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2021. Subsequent citations: 33.
  CONTEMPT OF COURT — Sentence — Civil contempt
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  Case index catchwords

  CONTEMPT OF COURT — Sentence — Civil contempt — Defendant breaching terms of worldwide freezing order — Defendant committed to six-month prison sentence — Whether term excessive — Proper approach when sentencing

  4 Case(s) considered

• Miller v Ministry of Justice (O'Brien v Ministry of Justice)

  09 Nov 2015 [2015] EWCA Civ 1368, CA (Master of the Rolls, Lewison and Underhill LJJ)

  15 Mar 2016 UKEAT/3/15, EAT

  13 Jun 2016 Permission to appeal to Supreme Court given

  16 Dec 2019 [2019] UKSC 60; [2020] ICR 1143; [2020] 3 All ER 621; [2019] WLR (D) 682; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Wilson, Lord Carnwath, Lady Arden JJSC)

  Subsequent citations: 1.
  DISCRIMINATION — Part-time worker — Pension
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  Case index catchwords

  DISCRIMINATION — Part-time worker — Pension — Part-time fee-paid recorders entitled to pro rata pension of full-time circuit judges — Claims brought in employment tribunal more than three months after part-time appointment ceased — Whether three-month time limit running from end of appointment or date of retirement — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 8

  6 Case(s) considered

  1 Statutory Instrument considered

• R v Melin (Ozan)

  02 Apr 2019 [2019] EWCA Crim 557; [2019] QB 1063; [2019] 3 WLR 150; [2019] 2 Cr App R 8; [2019] WLR (D) 195, CA (Sir Brian Leveson P, Simler, Yip JJ)

  CRIME — Assault — Consent
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  Case index catchwords

  CRIME — Assault — Consent — Defendant administering injections of substance purporting to be Botox for cosmetic purposes to complainants — Complainants unaware that defendant not medically qualified — Whether defendant’s deception vitiating complainants’ consent — Offences against the Person Act 1861 (24 & 25 Vict c 100), s 20

  1 Case considered

  1 Statute considered