Results: 3852

• R (CN) v Secretary of State for Health and Social Care

  04 Feb 2022 [2022] EWCA Civ 86; [2022] 4 WLR 73; [2022] WLR(D) 68, CA (Sir Geoffrey Vos MR, King, Dingemans LJJ)

  Subsequent citations: 1.
  HUMAN RIGHTS — Discrimination — Similar relevant status
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  HUMAN RIGHTS — Discrimination — Similar relevant status — Claimant contracting hepatitis B from contaminated NHS blood transfusion — Ex gratia scheme supporting those contracting hepatitis C or HIV from unscreened contaminated blood supplied by NHS — Scheme not including those with hepatitis B since NHS blood screened for such virus — Whether those infected with hepatitis B in relevantly similar position to those infected with hepatitis C or HIV — Whether exclusion from scheme of those with hepatitis B justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14, Pt II, art 1

  3 Case(s) considered

  1 Statute considered

• R (D4) v Secretary of State for the Home Department

  30 Jul 2021 [2021] EWHC 2179 (Admin); [2021] WLR(D) 433, QBD (Chamberlain J)

  26 Jan 2022 [2022] EWCA Civ 33; [2022] QB 508; [2022] 2 WLR 785; [2022] WLR(D) 44, CA (Sir Geoffrey Vos MR, Baker, Whipple LJJ)

  04 Apr 2022 (appn all) [2022] 1 WLR 2388, SC(E) (Lord Hodge DPSC, Lord Leggatt, Lady Rose JJSC)

  STATUTORY INSTRUMENT — Validity — Whether ultra vires

  NATIONALITY — British citizenship — Deprivation
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  STATUTORY INSTRUMENT — Validity — Whether ultra vires — Secretary of State depriving claimant of British citizenship on national security grounds — Statute requiring person to be given written notice of decision to make deprivation order before order made — Amendment to statutory instrument purporting to permit deemed notice to be given of decision to make deportation order by placing on person’s Home Office file — Whether amendment outwith Secretary of State’s regulation-making powers — Appropriate relief — British Nationality Act 1981 (c 61), ss 40(2)(5), 41(1) — British Nationality (General) Regulations 2003 (SI 2003/548), reg 10(4) (as amended by British Nationality (General) (Amendment) Regulations 2018 (SI 2018/851), reg 3)

  NATIONALITY — British citizenship — Deprivation — Secretary of State deciding to make order depriving person of British citizenship — Statute requiring Secretary of State to give written notice of such decision before making order — Amendment to statutory instrument purporting to permit deemed notice to be given of decision by placing notice on person’s Home Office file — Whether amendment ultra vires — British Nationality Act 1981 (c 61), ss 40(2)(5), 41(1)(e) — British Nationality (General) Regulations 2003 (SI 2003/548), reg 10(4)

  16 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• In re D (A Child) (Appeal from the Registration of a Maintenance Order)

  11 May 2022 [2022] EWCA Civ 641; [2022] 4 WLR 63, CA (Lewison, Moylan, Baker LJJ)

  Subsequent citations: 1.
  HUSBAND AND WIFE — Maintenance order — Registration of foreign order
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  HUSBAND AND WIFE — Maintenance order — Registration of foreign order — Foreign child maintenance order registered under Hague Child Support Convention — Extent of right of appeal — Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007), art 23(1)(5) — FPR r 30.3(1)(1B), PD 30A, para 2.1

  1 Statutory Instrument considered

  1 International Agreement considered

• Shah v Power

  11 Feb 2022 [2022] EWHC 209 (QB); [2022] 1 WLR 3015; [2022] WLR(D) 81, QBD (Eyre J)

  BUILDING — Party wall — Dispute resolution procedure
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  BUILDING — Party wall — Dispute resolution procedure — Property owner carrying out works without serving statutory party wall notice — Whether neighbouring owners entitled to invoke statutory dispute resolution procedure in absence of notice — Party Wall etc Act 1996 (c 40), ss 10, 20

  3 Case(s) considered

  1 Statute considered

• Regency Factors plc v Revenue and Customs Comrs

  13 Nov 2020 [2020] UKUT 357 (TCC); [2021] STC 126, UT

  03 Feb 2022 [2022] EWCA Civ 103; [2022] 1 WLR 3297; [2022] STC 323; [2022] WLR(D) 84, CA (Underhill, Lewison, Macur LJJ)

  Subsequent citations: 1.
  REVENUE — Value added tax — Bad debt relief
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  REVENUE — Value added tax — Bad debt relief — Taxpayer failing to satisfy statutory condition of keeping single account containing records of bad debt relief claims — Whether taxpayer entitled to claim bad debt relief — Whether condition contrary to European Union law — Value Added Tax Act 1994 (c 23), s 36 — Value Added Tax Regulations 1995 (SI 1995/2518), regs 168, 171(3) — Council Directive 2006/112/EC, arts 90, 273

  3 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Mujahid) v First-tier Tribunal (Immigration and Asylum Chamber)

  25 Feb 2020 [2020] UKUT 85 (IAC), UT

  31 Mar 2021 [2021] EWCA Civ 449; [2021] 1 WLR 3404; [2021] WLR(D) 188, CA (Underhill, Green, Stuart-Smith LJJ)

  27 May 2022 (appn dis) [2022] 1 WLR 3908, SC(E) ( Lord Briggs, Lord Hamblen, Lord Burrows JJSC)

  Subsequent citations: 1.
  IMMIGRATION — Leave to remain — Appeal
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  IMMIGRATION — Leave to remain — Appeal — Application for indefinite leave to remain on human rights grounds — Secretary of State refusing application but granting limited leave to remain — Whether applicant having right of appeal against Secretary of State’s refusal — Whether Secretary of State refusing “human rights claim” — Nationality, Immigration and Asylum Act 2002 (c 41), ss 82(1)(b), 113

  1 Case considered

  1 Statute considered

• Nuffield Health v Merton London Borough Council

  12 Feb 2020 [2020] EWHC 259 (Ch), Ch D (Stuart Isaacs QC sitting as a deputy High Court judge)

  28 May 2021 [2021] EWCA Civ 826; [2022] Ch 1; [2021] 3 WLR 838; [2021] WLR(D) 318; The Times, 23 June 2021, CA (David Richards, Peter Jackson, Nugee LJJ)

  27 May 2022 (appn all) [2022] 1 WLR 3867, SC(E) (Lord Briggs, Lord Hamblen, Lord Burrows JJSC)

  CHARITY — Charitable purposes — Advancement of health

  RATING — Non-domestic rates — Relief
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  CHARITY — Charitable purposes — Advancement of health

  RATING — Non-domestic rates — Relief — Registered charity applying for mandatory relief from non-domestic rates on gym premises on basis gym wholly or mainly used for “charitable purposes” — Whether charity required to establish premises used for “public benefit” — Local Government Finance Act 1988 (c 41), s 43(6)(a) — Charities Act 2011 (c 25), ss 2, 4

  3 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered

• Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd

  10 Dec 2020 [2020] EWHC 3299 (Comm); [2021] Bus LR 366; [2020] WLR(D) 691, QBD (Judge Pelling QC sitting as a High Court judge)

  11 Jan 2022 [2022] EWCA Civ 17; [2022] Bus LR 170; [2022] WLR(D) 23, CA (Underhill, Bean, Andrews LJJ)

  INSURANCE — Contract — Construction
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  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  3 Case(s) considered

• Infinity Distribution Ltd v The Khan Partnership LLP

  26 Jun 2020 [2020] EWHC 1657 (Ch), Ch D (Stuart Isaacs QC sitting as a deputy High Court judge)

  20 Apr 2021 [2021] EWCA Civ 565; [2021] 1 WLR 4630; [2021] WLR(D) 222, CA (Moylan, Nugee, Birss LJJ)

  27 May 2022 (appn dis) [2022] 1 WLR 3965, SC(E) (Lord Kitchin, Lord Sales, Lord Stephens JJSC)

  Subsequent citations: 2.
  COSTS — Security for costs — Manner in which security to be given

  COSTS — Security for costs — Discretion
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  COSTS — Security for costs — Manner in which security to be given — Claimant ordered to provide security for defendant’s costs — Claimant wishing to provide security by way of deed of indemnity — Defendant potentially liable for costs of deed of indemnity if claimant’s claim successful — Whether defendant’s potential liability relevant when determining manner in which security to be given — CPR r 25.12

  COSTS — Security for costs — Discretion

  3 Case(s) considered

  1 Statutory Instrument considered

• UK P&I Club NV v República Bolivariana de Venezuela

  28 Jun 2022 [2022] EWHC 1655 (Comm); [2022] 1 WLR 4856; [2022] WLR(D) 293, QBD (Sir Ross Cranston sitting as a High Court judge)

  INTERNATIONAL LAW — State immunity — Statutory exception

  INTERNATIONAL LAW — State immunity — Enforcement immunity
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  INTERNATIONAL LAW — State immunity — Statutory exception — Sovereign state’s naval vessel lost after collision with liner insured by insurers — State pursuing claims against insurers other than in London arbitration — Whether state enjoying immunity from adjudicative jurisdiction of English courts — Whether commercial or arbitration exceptions applying — State Immunity Act 1978 (c 33), ss 1, 3(1)(a), 9

  INTERNATIONAL LAW — State immunity — Enforcement immunity — Insurers bringing claim in English courts seeking final injunction restraining sovereign state from pursuing claims against insurers other than in London arbitration — Statutory bar on granting of injunctions against sovereign states — Whether bar incompatible with right to fair trial — State Immunity Act 1978, s 13(2)(a) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6

  6 Case(s) considered

  2 Statutes considered