Results: 78

• Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd

  09 Feb 2018 [2018] NICA 7, CA (NI) (Stephens LJ, Sir Ronald Weatherup and Sir Richard McLaughlin)

  31 Jul 2018 Permission to appeal to Supreme Court given

  19 Aug 2020 [2020] UKSC 36; [2021] AC 1014; [2020] 3 WLR 521; [2021] 1 All ER 1; [2021] 1 All ER (Comm) 395; [2020] WLR (D) 482, SC(NI) (Lord Lloyd-Jones, Lady Arden, Lord Kitchin JJSC, Lord Wilson, Lord Carnwath)

  Subsequent considerations : 1 positive. Subsequent citations: 14.
  RESTRAINT OF TRADE — Shopping centre — Restrictive covenant
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  Case index catchwords

  RESTRAINT OF TRADE — Shopping centre — Restrictive covenant — Freeholder leasing part of shopping centre to lessee retailer — Freeholder covenanting not to permit any other major store to be built in centre in competition with lessee — Whether covenant engaging doctrine against restraint of trade

  5 Case(s) considered

• Attorney General of the Virgin Islands v Global Water Associates Ltd

  13 Jul 2020 [2020] UKPC 18; [2021] AC 23; [2020] 3 WLR 584; [2021] 2 All ER (Comm) 1; [2020] WLR(D) 431, PC (Lord Hodge DPSC, Lord Lloyd-Jones, Lady Arden, Lord Sales JJSC, Lord Wilson)

  Subsequent citations: 5.
  DAMAGES — Contract — Breach
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  DAMAGES — Contract — Breach — Company entering separate contracts with government to build and manage water reclamation treatment plant — Government breaching building contract and plant not built — Whether company entitled to damages for lost profit under management contract — Whether damages too remote

  3 Case(s) considered
• Triple Point Technology Inc v PTT Public Co Ltd

  23 Aug 2017 [2017] EWHC 2178 (TCC), QBD (Jefford J)

  17 Jan 2018 [2018] EWHC 45 (TCC), QBD (Jefford J)

  05 Mar 2019 [2019] EWCA Civ 230; [2019] 1 WLR 3549; [2019] 3 All ER 767; [2019] 2 All ER (Comm) 810; [2019] WLR (D) 126, CA (Lewison, Floyd LJJ, Sir Rupert Jackson)

  06 Nov 2019 (appn all) [2019] 1 WLR 6748; Case details, SC(E) (Lord Reed DPSC, Lady Black, Lord Kitchin JJSC)

  16 Jul 2021 [2021] UKSC 29; [2021] AC 1148; [2021] 3 WLR 521; [2022] 3 All ER 601; [2022] 2 All ER (Comm) 93; [2021] BLR 555; [2021] WLR(D) 411, SC(E) (Lord Hodge DPSC, Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows JJSC)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2025. Subsequent citations: 46.
  CONTRACT — Construction — Liquidated damages clause
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  CONTRACT — Construction — Liquidated damages clause — Clause providing for liquidated damages for contractor’s delay in completing work — Employer terminating contract after dispute with contractor — Whether liquidated damages clause applying where contractor not completing work

  CONTRACT — Construction — Liquidated damages clause — Contract for supply of software system providing for liquidated damages for contractor’s delay in completing work — Contract also providing for cap on damages payable by contractor for breach of contract save in relation to “negligence” — Whether liquidated damages clause applying where contractor never completing work — Whether “negligence” exception to damages cap limited to tort of negligence or including negligent performance of contractual obligations — Whether damages cap applying to liquidated damages

  5 Case(s) considered

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

  18 Jan 2019 [2019] EWHC 60 (Admin); [2019] 1 WLR 3463; [2019] 3 All ER 598; [2019] WLR (D) 87; [2019] WLR(D) 87, QBD (Lord Burnett of Maldon LCJ, Garnham J)

  25 Mar 2020 (Information Comr intervening) [2020] UKSC 10; [2020] 2 WLR 857; [2020] 3 All ER 1; [2020] WLR (D) 188; Case details, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lord Kerr of Tonaghmore, Lady Black, Lord Lloyd-Jones JJSC, Baroness Hale of Richmond, Lord Carnwath)

  Subsequent citations: 21.
  CRIME — Letters of request — Criminal investigation

  DATA PROTECTION — Personal data — Access to

  DATA PROTECTION — Personal data — Transfer of data to third countries
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  CRIME — Letters of request — Criminal investigation — United States requesting mutual legal assistance from United Kingdom in relation to criminal investigation of British citizen held in Syria — United States authorities seeking to prosecute individual in United States for offences carrying death penalty — Secretary of State agreeing to provide mutual legal assistance without requiring assurance that death penalty not to be used — Whether Secretary of State’s decision lawful — Whether common law prohibiting removal of individual outside jurisdiction to third country where death penalty might be imposed — Human Rights Act 1998 (c 42), Sch 1, Pt I

  DATA PROTECTION — Personal data — Access to — Secretary of State providing mutual legal assistance to United States authorities in relation to criminal investigation of British citizen held in Syria — Whether statute precluding processing of personal data for use in criminal proceedings which might lead to death penalty — Whether provision of information breaching data protection principles — Data Protection Act 2018 (c 12), Pt 3 — Parliament and Council Directive (EU) 2016/680 — Charter of Fundamental Rights of the European Union, art 2(2)

  DATA PROTECTION — Personal data — Transfer of data to third countries — Secretary of State transferring suspect’s personal data to United States authorities for purposes of investigation into serious criminal offences — Secretary of State failing to obtain assurance that death penalty would not be used — Whether transfer meeting statutory requirements — Whether transfer based on there being “appropriate safeguards” — Whether transfer based on “special circumstances” — Data Protection Act 2018 (c 12), ss 73, 75, 76 — Parliament and Council Directive (EU) 2016/680, recital (71)

  CRIME — Letters of request — Criminal investigation — Secretary of State providing mutual legal assistance to United States authorities for purposes of investigation into serious criminal offences — Secretary of State failing to obtain assurance that death penalty would not be used — Whether provision of assistance lawful — Whether common law prohibiting provision of assistance which might facilitate death penalty

  CRIME — Letters of request — Criminal investigation — United States requesting requiring mutual legal assistance from United Kingdom in relation to criminal investigation of individual — US authorities seeking to prosecute individual in US for offences carrying death penalty — Secretary of State agreeing to provide mutual legal assistance without requiring assurance that death penalty not to be used — Whether Secretary of State’s decision lawful — Whether “non-facilitation” principle precluding provision of mutual legal assistance in proceedings where individual might face death penalty

  DATA PROTECTION — Personal data — Access to — United States requesting requiring mutual legal assistance from United Kingdom in relation to criminal investigation of individual — US authorities seeking to prosecute individual in US for offences carrying death penalty — Secretary of State agreeing to provide mutual legal assistance without requiring assurance that death penalty not to be used — Whether Secretary of State’s decision breaching data protection principles — — Data Protection Act 2018, Pt 3 — Parliament and Council Directive (EU) 2016/680

  11 Case(s) considered

  2 Words & Phrases considered

  2 EU Enactments considered

  2 Statutes considered

• Routier v Revenue and Customs Comrs (No 2) (Attorney General for Jersey intervening)

  17 Oct 2017 [2017] EWCA Civ 1584; [2018] 1 WLR 3013; [2018] PTSR 1063; [2018] STC 910; [2017] WTLR 1119; [2017] WLR (D) 672, CA (Arden LJ, Lord Briggs JSC and Green J)

  15 Mar 2018 Permission to appeal to Supreme Court given

  16 Oct 2019 [2019] UKSC 43; [2021] AC 327; [2019] 3 WLR 757; [2019] PTSR 1924; [2020] 1 All ER 191; [2019] STC 2182; [2019] WLR (D) 588; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Carnwath, Lord Hodge, Lord Lloyd-Jones JJSC)

  Subsequent citations: 12.
  EUROPEAN UNION — Freedom of movement — Capital

  REVENUE — Inheritance tax — Charity
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  Case index catchwords

  EUROPEAN UNION — Freedom of movement — Capital — Statutory exemption from inheritance tax not applying to gifts to charitable trusts not governed by law of United Kingdom — Whether restriction on exemption violating principle of free movement of capital — Whether Jersey part of United Kingdom for purposes of free movement of capital — Whether restriction justified — Whether restriction capable of being interpreted in conformity with European Union law — Inheritance Tax Act 1984 (c 51), s 23 — FEU Treaty, art 63FEU

  REVENUE — Inheritance tax — Charity — Disposition by will of property in United Kingdom to trust established in Jersey for charitable purposes — Trust governed by Jersey law at time of deceased’s death — Whether disposition to trust entitled to statutory exemption from inheritance tax — Inheritance Tax Act 1984 (c 51), s 23

  EUROPEAN UNION — Freedom of movement — Capital — Disposition by will of property in United Kingdom to trust established in Jersey for charitable purposes — Trust governed by Jersey law at time of deceased’s death — Whether disposition to trust entitled to statutory exemption from inheritance tax — Whether exemption restricted to trusts governed by law of United Kingdom and subject to jurisdiction of United Kingdom courts — Whether such restriction violating principle of free movement of capital under European Union law — Whether Jersey part of United Kingdom or third country for purposes of free movement of capital — Whether restriction on exemption justified — Whether restriction capable of being interpreted in conformity with EU law — Inheritance Tax Act 1984 (c 51), s 23(1)(6) — EC Treaty, art 56

  12 Case(s) considered

  2 EU Enactments considered

  1 Statute considered
• R (Begum) v Special Immigration Appeals Commission (Begum v Secretary of State for the Home Department, R (Begum) v Secretary of State for the Home Department)

  07 Feb 2020 [2020] HRLR 7; Judiciary PDF; SC/163/2019, SIAC

  07 Feb 2020 [2020] EWHC 74 (Admin), QBD (Elisabeth Laing J)

  16 Jul 2020 [2020] EWCA Civ 918; [2020] 1 WLR 4267; [2020] WLR(D) 421, CA (King, Flaux, Singh LJJ)

  07 Sep 2020 Permission to appeal to Supreme Court given Case details

  26 Feb 2021 [2021] UKSC 7; [2021] AC 765; [2021] 2 WLR 556; [2021] 2 All ER 1063; [2021] WLR(D) 131, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lord Sales JJSC, Lady Black)

  Subsequent considerations : 8 positive; 3 neutral; most recently considered: 2025. Subsequent citations: 91.
  NATIONALITY — British citizenship — Deprivation
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  NATIONALITY — British citizenship — Deprivation — Secretary of State depriving claimant of British citizenship on national security grounds — Claimant appealing to Special Immigration Appeals Commission despite being outside United Kingdom when deprivation order made — Secretary of State refusing claimant’s application for leave to enter to pursue appeal — Whether appeal against deprivation order to be allowed if impossible for claimant to have fair and effective out-of-country appeal — Whether principles of fairness and justice requiring claimant to enter United Kingdom to pursue appeal — Whether Special Immigration Appeals Commission erring in applying judicial review principles on appeal — British Nationality Act 1981 (c 61), s 40A (as inserted by Nationality, Immigration and Asylum Act 2002 (c 41), s 4(1) and amended by Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (SI 2010/21), art 5(1), Sch 1, para 7(a)) — Special Immigration Appeals Commission Act 1997 (c 68), s 2B (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(2))

  NATIONALITY — British citizenship — Deprivation — Secretary of State depriving claimant of British citizenship on national security grounds — Claimant appealing to Special Immigration Appeals Commission despite being outside UK when deprivation order made — Secretary of State refusing claimant’s application for leave to enter to pursue appeal — Whether appeal against deprivation order to be allowed if impossible for claimant to have fair and effective out-of-country appeal — Whether principles of fairness and justice requiring claimant to enter UK to pursue appeal — Whether Commission erring in applying judicial review principles on appeal — British Nationality Act 1981 (c 61), ss 40, 40A — Special Immigration Appeals Commission Act 1997 (c 68), ss 2, 2B

  17 Case(s) considered

  2 Statutes considered

• R v TRA (Redress intervening) (R v Taylor)

  21 Dec 2018 [2018] EWCA Crim 2843, CA (Lord Burnett LCJ, Popplewell and Whipple JJ)

  13 Feb 2019 Permission to appeal to Supreme Court given

  13 Nov 2019 [2019] UKSC 51; [2021] AC 349; [2019] 3 WLR 1073; [2020] 3 All ER 177; [2020] 1 Cr App R 19; [2019] WLR (D) 648; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Wilson, Lord Hodge, Lord Lloyd-Jones JJSC)

  CRIME — Torture — “Person acting in an official capacity”
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  CRIME — Torture — “Person acting in an official capacity” — Defendant charged with offences of torture committed while member of armed rebel group fighting in civil war — Whether “person acting in an official capacity” limited to persons acting on behalf of government — Whether extending to persons acting on behalf of groups exercising governmental functions — Criminal Justice Act 1988 (c 33), s 134 — United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1991) (Cm 1775), art 1

  2 Words & Phrases considered

  1 Statute considered

  1 International Agreement considered
• Halliburton Co v Chubb Bermuda Insurance Ltd (H v L)

  03 Feb 2017 [2017] EWHC 137 (Comm); [2017] 1 WLR 2280; [2017] 2 All ER (Comm) 1097; [2017] 1 Lloyd's Rep 553; [2017] WLR (D) 108, QBD (Popplewell J)

  19 Apr 2018 [2018] EWCA Civ 817; [2018] 1 WLR 3361; [2018] 3 All ER 709; [2018] 2 All ER (Comm) 819; [2018] 1 Lloyd's Rep 638; [2018] WLR (D) 229, CA (Sir Geoffrey Vos C, Simon and Hamblen LJJ)

  29 Nov 2018 (appn all) [2019] 1 WLR 1220, SC(E) (Lord Kerr of Tonaghmore, Lord Sumption, Lord Hodge JJSC)

  27 Nov 2020 (International Court of Arbitration of the International Chamber of Commerce intervening) [2020] UKSC 48; [2021] AC 1083; [2020] 3 WLR 1474; [2021] 2 All ER 1175; [2021] 1 Lloyd's Rep 1; [2020] WLR (D) 653, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lady Black, Lord Lloyd-Jones, Lady Arden JJSC)

  Subsequent considerations : 6 positive; most recently considered: 2021. Subsequent citations: 20.
  ARBITRATION — Arbitrator — Bias

  ARBITRATION — Arbitrator — Removal
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  Case index catchwords

  ARBITRATION — Arbitrator — Bias — Court appointing arbitrator in first arbitration following parties’ failure to agree appointment — Arbitrator subsequently accepting appointment in another arbitration as appointee of party to first arbitration — Appointment not disclosed to other party in first arbitration — Whether apparent bias — Whether arbitrator to be removed — Whether jurisdiction under Civil Procedure Rules to revoke or vary court’s appointment — Arbitration Act 1996 (c 23), ss 18, 24(1) — CPRr 3.1(7)

  ARBITRATION — Arbitrator — Bias — Court appointing arbitrator in first arbitration following parties’ failure to agree appointment — Arbitrator subsequently accepting appointment in another arbitration as appointee of party to first arbitration — Appointment not disclosed to other party to first arbitration — Whether apparent bias — Whether arbitrator to be removed — Arbitration Act 1996 (c 23), ss 18, 24(1)

  ARBITRATION — Arbitrator — Removal — Court-appointed arbitrator subsequently accepting appointment in other related arbitration as appointee of party to first arbitration — Later appointment not disclosed to other party to first arbitration — Application to remove arbitrator on ground circumstances giving rise to “justifiable doubts as to his impartiality” — Whether test same as common law test for apparent bias — Whether arbitrator under duty to disclose later appointment — Whether breach of such duty giving grounds for removal — Arbitration Act 1996 (c 23), ss 24(1)(a), 33

  14 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Ciban Management Corpn v Citco (BVI) Ltd

  30 Jul 2020 [2020] UKPC 21; [2021] AC 122; [2020] 3 WLR 705; [2021] 1 All ER 983; [2021] 1 All ER (Comm) 1; [2020] 2 BCLC 405; [2020] WLR (D) 504, PC (Lord Hodge DPSC, Lady Black, Lady Arden, Lord Leggatt, Lord Burrows JJSC)

  Subsequent considerations : 1 neutral. Subsequent citations: 15.
  COMPANY — Director — Duty of care
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  Case index catchwords

  COMPANY — Director — Duty of care — Defendants engaged as registered agent and as sole director of British Virgin Islands shelf company — Company’s sole beneficial owner running company whilst maintaining anonymity by using business associate to issue instructions to defendants — Defendants acting on owner’s instructions issued by associate over two-year period — Defendants selling company’s assets on further instructions of associate given without owner’s knowledge or assent — Company claiming damages from defendants for negligence in failing to ensure associate had owner’s authority to procure sale — Whether defendants under duty to inquire where owner having set up and used system based on associate issuing “execution only” instructions to defendants — Whether owner having given ostensible authority to associate making latter’s instructions binding on owner as act of company itself

  3 Case(s) considered

• XX v Whittington Hospital NHS Trust

  18 Sep 2017 [2017] EWHC 2318 (QB), QBD (Sir Robert Nelson)

  19 Dec 2018 [2018] EWCA Civ 2832; [2021] AC 275; [2019] 3 WLR 107; [2019] WLR(D) 10, CA (McCombe, King, Nicola Davies LJJ)

  26 Jun 2019 (appn all) [2019] 1 WLR 5472, SC(E) (Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Kerr of Tonaghmore JSC)

  01 Apr 2020 [2020] UKSC 14; [2021] AC 275; [2020] 2 WLR 972; [2020] 4 All ER 93; [2020] WLR (D) 207; Case details, SC(E) (McCombe, King, Nicola Davies LJJ)

  Subsequent citations: 5.
  DAMAGES — Personal injuries — Loss of opportunity to have children
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  Case index catchwords

  DAMAGES — Personal injuries — Loss of opportunity to have children — Claimant unable to have children because of defendant’s negligence — Claimant seeking damages for costs of surrogacy arrangements — Commercial surrogacy arrangements unlawful in England — Whether damages for costs of non-commercial surrogacy arrangements using claimant’s or donor’s eggs recoverable — Whether contrary to public policy to award damages for costs of commercial surrogacy arrangements in California — Surrogacy Arrangements Act 1985 (c 49), s 2(1)

  DAMAGES — Personal injuries — Loss of opportunity to have children — Defendant health authority's negligence leaving claimant adult female unable to have children — Claimant seeking damages for costs of commercial surrogacy arrangement in California using own eggs — Commercial surrogacy arrangements unlawful in England — Alternate claim for costs of surrogacy arrangement in United Kingdom, using own eggs or those of donor — Whether damages to be awarded — Whether award of damages to cover cost of commercial surrogacy arrangement in California contrary to public policy — Whether correct to differentiate between “own egg” and “donor egg” surrogacies — Whether costs of “donor egg” surrogacy arrangement recoverable — Surrogacy Arrangements Act 1985 (c 49), s 2(1) (as amended by Human Fertilisation and Embryology Act 2008 (c 22), s 21(aa)), ss 59(3)-(6)

  9 Case(s) considered

  1 Statute considered