Results: 285000

• In re C (Practice Note)

  21 Feb 2023 [2023] EWHC 345 (Fam); [2024] 1 WLR 1; [2023] 2 FLR 1171; [2023] WLR(D) 115, Fam D (Sir Andrew McFarlane P)

  Subsequent citations: 21.
  PRACTICE — Family proceedings — Expert evidence
  Expand

  Case index catchwords

  PRACTICE — Family proceedings — Expert evidence — Guidance as to appointment of expert psychologists in family proceedings — Role of expert psychologist where parental alienation alleged — Children and Families Act 2014 (c 6), s 13(8) — FPR r 25.2(1)

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered

• Republic of Mozambique v Credit Suisse International

  30 Nov 2022 [2022] EWHC 3054 (Comm); [2023] 1 WLR 2428; [2023] 3 All ER 1029; [2023] 2 All ER (Comm) 722; [2022] WLR(D) 480, KBD (Robin Knowles J)

  Subsequent citations: 5.
  PRACTICE — Disclosure — Third party
  Expand

  Case index catchwords

  PRACTICE — Disclosure — Third party — Defendant applying for orders with view to obtaining disclosure of documents on personal e-mail accounts or devices of claimant foreign state’s employees or officeholders — Whether relevant data and documents within claimant’s “control” — Whether court having jurisdiction to make orders sought — Whether orders furthering overriding objective — CPR r 3.1(2)(m), PD 51U, Appendix 1, para 1.1

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• 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: 35.
  PRACTICE — Judgment — Redaction

  COMPETITION — Commission decision — Presumption of innocence

  TORT — Cause of action — Intention to injure
  Expand

  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

• A Local Authority v EBY (A Child)

  09 Oct 2023 [2023] EWHC 2494 (Fam); [2024] Fam 123; [2024] 2 WLR 579; [2023] WLR(D) 420, Fam D (Paul Bowen KC sitting as a deputy High Court judge)

  Subsequent citations: 1.
  CHILDREN — Inherent jurisdiction — Deprivation of liberty
  Expand

  Case index catchwords

  CHILDREN — Inherent jurisdiction — Deprivation of liberty — Competent 17-year-old child not in care but accommodated by local authority pursuant to statutory duty — Local authority applying for order under inherent jurisdiction authorising deprivation of child’s liberty — Whether such exercise of inherent jurisdiction expressly or impliedly excluded by statute — Whether order to be made — Children Act 1989 (c 41), ss 20(3), 31(3), 100(2)(b)(d) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 2, 3, 5

  4 Case(s) considered

  2 Statutes considered

• In re Estate of Cowley, decd (Johnson v Attorney General)

  28 Jul 2025 [2025] EWHC 1943 (Ch); [2025] 4 WLR 95; [2025] WLR(D) 431, Ch D (Sir Julian Flaux C)

  ADMINISTRATION OF ESTATES — Probate — Inspection of will
  Expand

  Case index catchwords

  ADMINISTRATION OF ESTATES — Probate — Inspection of will — Alleged Provisional Irish Republican Army member and British spy passing away — Personal representative applying to seal will to protect self and those named in will from harm — Factors to be considered in determining whether public inspection of will undesirable or inappropriate — Whether will to be sealed — Supreme Court Act 1981 (c 54), s 124 — Non-Contentious Probate Rules 1987 (SI 1987/2024), r 58

  ADMINISTRATION OF ESTATES — Probate — Inspection of will — Personal representative applying to seal will of alleged Provisional Irish Republican Army member and British spy — Guidance as to factors to be considered in determining whether public inspection of will undesirable or inappropriate — Whether will to be sealed — Senior Courts Act 1981 (c 54), s 124 — Non-Contentious Probate Rules 1987 (SI 1987/2024), r 58 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 2, 3, 8

  2 Case(s) considered

  3 Statutes considered

  1 Statutory Instrument 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: 22.
  EXTRADITION — Appeal — Prison conditions in requesting state
  Expand

  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 Forsyth (R v Mabey)

  23 Feb 2011 [2011] UKSC 9; [2011] 2 AC 69; [2011] 2 WLR 277; [2011] 2 All ER 165; [2011] WLR (D) 52; Case details, SC(E) (Lord Hope of Craighead DPSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood JJSC)

  Subsequent citations: 2.
  CROWN — Order in Council — Validity

  STATUTE — Construction — Hansard
  Expand

  Case index catchwords

  CROWN — Order in Council — Validity — Statute conferring power on executive to make Orders in Council giving effect to United Nations Security Council Resolutions including creating criminal offences — Absence in statute of identifiable time limit for exercise of power — Security Council Resolution prohibiting making funds available to Government of Iraq — Order in Council making prohibited action criminal offence enacted ten years later — Whether recourse to parliamentary material surrounding passage of statute permissible to ascertain parliamentary intention as to temporal limits of power — Whether power to be exercised only at or about same time as relevant Security Council Resolution — Whether Order ultra vires enabling statute by reason of delay — United Nations Act 1946, s 1(1) — Iraq (United Nations Sanctions) Order 2000, arts 3(a), 11(4)

  STATUTE — Construction — Hansard — Statute conferring power on executive to make Orders in Council giving effect to United Nations Security Council Resolutions including creating criminal offences — Absence in statute of identifiable time limit for exercise of power — Whether recourse to parliamentary material surrounding passage of statute permissible to ascertain parliamentary intention as to temporal limits of power

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Makisi v Birmingham City Council (Yosief v Birmingham City Council, Nagi v Birmingham City Council)

  31 Mar 2011 [2011] EWCA Civ 355; [2011] PTSR 1545; [2011] WLR (D) 124, CA (Maurice Kay, Rimer, Etherton LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision
  Expand

  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision — Applicant entitled to make oral representations requesting face-to-face hearing — Local authority deciding telephone hearing would suffice — Whether applicant or local authority to decide how oral representations to be made — Housing Act 1996, ss 202, 203 — Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, reg 8(2)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

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

  16 Dec 2021 [2021] EWHC 3415 (Admin); [2022] QB 737; [2022] 2 WLR 845; [2022] 3 All ER 1112; [2021] WLR(D) 633, QBD (Bourne J)

  Subsequent citations: 10.
  NATIONALITY — British citizenship — Acquisition
  Expand

  Case index catchwords

  NATIONALITY — British citizenship — Acquisition — Claimants coming to United Kingdom as part of Windrush generation but subsequently refused re-entry because of lack of documentation to prove right to remain indefinitely — Claimants subsequently admitted to United Kingdom but refused naturalisation as British citizens on ground not satisfying five-year rule for presence in United Kingdom — Whether five-year rule discriminating against claimants in enjoyment of right to respect for private and family life — Whether five-year rule unjustifiably infringing such right — Whether legislation to be read and given effect compatibly with Convention rights — Whether discretion to disapply five-year rule to be implied — British Nationality Act 1981 (c 61), Sch 1, paras 1(2)(a), 2(1)(a) — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 8, 14

  7 Case(s) considered

  2 Statutes considered

• R (Tortoise Media Ltd) v Conservative and Unionist Party

  23 May 2025 [2025] EWCA Civ 673; [2025] 1 WLR 4186; [2025] WLR(D) 284, CA (Sir Geoffrey Vos MR, Singh, Dingemans LJJ)

  JUDICIAL REVIEW — Public authority — Functions of a public nature

  HUMAN RIGHTS — Public authority — Functions of a public nature

  JUDICIAL REVIEW — Permission to proceed — Appeal
  Expand

  Case index catchwords

  JUDICIAL REVIEW — Public authority — Functions of a public nature — Refusal of Conservative Party to disclose information to media organisation concerning election of party leader in mid term of Parliament with absolute majority on ground party not public body and did not carry out public functions — Media organisation applying for permission to apply for judicial review of party’s refusal to disclose information — Whether holding leadership election by party members private matter for party — Whether party “acting in the exercise of a public function” when conducting leadership election — Human Rights Act 1998 (c 42), s 6(3)(b),(5) — CPR r 54.1(2)

  HUMAN RIGHTS — Public authority — Functions of a public nature — Prime Minister resigning midway through Parliamentary term with absolute majority in House of Commons — Prime Minister’s party electing new leader — Queen following Prime Minister’s advice to invite new leader to become Prime Minister — Whether party “public authority” — Whether party exercising “functions of a public nature” — Whether party’s election of new leader act of “private” nature — Human Rights Act 1998 (c 42), s 6(3)(b)(5)

  JUDICIAL REVIEW — Permission to proceed — Appeal — Guidance to Court of Appeal when determining claimant’s application for permission to appeal against refusal to grant permission to proceed with claim for judicial review — CPR r 52.8

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered