Results: 3598

• A v C

  12 Feb 2020 [2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD (Foxton J)

  19 Mar 2020 [2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA (Flaux, Newey, Males LJJ)

  Subsequent citations: 1.
  ARBITRATION — Practice — Examination of witnesses
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  Case index catchwords

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R v Damji (Farah)

  18 Dec 2020 [2020] EWCA Crim 1774; [2021] 1 WLR 3635; [2021] 1 Cr App R 18; [2021] WLR(D) 95, CA (Carr LJ, Yip J, Judge Katz QC)

  CRIME — Harassment — Restraining order
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  CRIME — Harassment — Restraining order — Offence of breaching restraining order — Whether prosecution required to prove defendant having knowledge of material circumstances of offence — Protection from Harassment Act 1997 (c 40), s 5(5)

  3 Case(s) considered

  1 Statute considered
• Ogreanu v Italian Judicial Authority

  22 May 2020 [2020] EWHC 1254 (Admin); [2020] 1 WLR 4080; [2020] WLR(D) 306, QBD (Fordham J)

  Subsequent considerations : 1 negative; most recently considered: 2021. Subsequent citations: 2.
  EXTRADITION — European arrest warrant — Further information
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  EXTRADITION — European arrest warrant — Further information — European arrest warrant seeking extradition of requested person to serve sentence imposed following conviction in absence — District judge ordering extradition having found requested person entitled to retrial in requesting member state — District judge having regard to further information provided by requesting judicial authority — Whether information filling gap in European arrest warrant required to emanate directly from requesting judicial authority or refer specifically to requested person — Extradition Act 2003 (c 41), s 20(5) — Council Framework Decision 2002/584/JHA, art 4a (as inserted by Council Framework Decision 2009/299/JHA, art 2(1))

  3 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

• In re Maud (Edgeworth Capital (Luxembourg) SARL v Maud, Libyan Investment Authority v Maud)

  08 Jun 2020 [2020] EWHC 1469 (Ch); [2021] Bus LR 1533; [2020] WLR(D) 335, Ch D (Snowden J)

  BANKRUPTCY — Costs — Order
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  BANKRUPTCY — Costs — Order — Creditors bringing two separate bankruptcy petitions against debtor — Bankruptcy order made on second petition rather than first — Whether court having jurisdiction to award both creditors’ costs as expense of bankruptcy — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 10.149(i)

  1 Case considered

  1 Statutory Instrument considered

• R (Charles) v Secretary of State for Foreign and Commonwealth Affairs

  24 Nov 2020 [2020] EWHC 3185 (Admin); [2021] 1 WLR 1394; [2020] WLR(D) 641, DC (Flaux LJ, Saini J)

  Subsequent citations: 2.
  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity
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  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Employment — Foreign and Commonwealth Office permitting United States’ Government to establish mission away from London Embassy including administrative and technical employees subject to advance waiver of immunity of employees from UK criminal jurisdiction — Employee’s spouse involved in car accident resulting in death of claimants’ son — US refusing UK request for extradition of employee’s spouse following her return to US — Whether employee’s spouse enjoying diplomatic immunity from criminal jurisdiction — Whether family members of employees covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 7, 32, 37(2), 39

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — United States waiving immunity from criminal jurisdiction of members of administrative and technical staff of United States mission — Whether spouse of staff member enjoying immunity from criminal jurisdiction — Whether family of staff members covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 31(1), 32, 37(2), 39 — Vienna Convention on Diplomatic Relations (1961), art 7

  2 Case(s) considered

  1 Statute considered

  1 International Agreement considered

• R v A

  21 Jul 2020 [2020] EWCA Crim 948; [2020] 1 WLR 5014; [2020] WLR(D) 435, CA (Fulford LJ, McGowan, Garnham JJ)

  Subsequent citations: 2.
  CRIME — Sentence — Appeal against sentence
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  CRIME — Sentence — Appeal against sentence — Court of Appeal proposing to quash determinate sentence of imprisonment and substitute special custodial sentence — Whether offender “more severely dealt with on appeal” — Whether consideration to be given to date on which offender becoming eligible for release or date on which offender becoming entitled to automatic release — Criminal Appeal Act 1968 (c 19), s 11(3) — Criminal Justice Act 2003 (c 44), s 236A (as inserted by Criminal Justice and Courts Act 2015 (c 2), s 6, Sch 1, para 2)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes 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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  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

• Sarnoff v YZ

  06 May 2020 UKEAT/252/19; [2020] ICR 1499, EAT (Kerr J)

  15 Jan 2021 [2021] EWCA Civ 26; [2021] ICR 545; [2021] WLR(D) 34, CA (Underhill, Bean, Phillips LJJ)

  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure
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  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure — Claim against respondent living and working in USA — Employment judge making order for disclosure — Respondent challenging order on ground not present in Great Britain — Whether power to order disclosure confined to person physically present in Great Britain at time order made — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 29, 31

  INDUSTRIAL RELATIONS — Employment tribunals — Disclosure — Claim against respondent living and working in USA — Employment judge making order for disclosure — Respondent challenging order on ground not present in Great Britain — Whether power to order disclosure confined to person physically present in Great Britain — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 29, 31

  2 Case(s) considered

  1 Statutory Instrument considered

• Simawi v General Medical Council

  11 Aug 2020 [2020] EWHC 2168 (Admin); [2021] 1 WLR 110; [2020] WLR(D) 469, QBD (Julian Knowles J)

  Subsequent citations: 2.
  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal
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  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal — Tribunal finding practitioner’s fitness to practise impaired — Tribunal suspending practitioner from register for nine months with direction for suspension to be reviewed prior to expiry — Whether length of suspension appropriate — Whether practitioner having right of appeal against review direction — Medical Act 1983 (c 54), ss 35D(2)(b)(4A), 40(1)

  1 Statute 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
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  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