Results: 32

• Attorney General’s Reference (No 1 of 2022)

  28 Sep 2022 [2022] EWCA Crim 1259; [2023] KB 37; [2023] 2 WLR 651; [2023] 1 All ER 549; [2023] 1 Cr App R 1; [2022] WLR(D) 383; The Times, 14 November 2022, CA (Lord Burnett of Maldon CJ, Holgate, Saini JJ)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2024. Subsequent citations: 14.
  CRIME — Court of Appeal (Criminal Division) — Jurisdiction

  HUMAN RIGHTS — Freedom of thought, expression and assembly — Interference with
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Attorney General referring points of law to Court of Appeal for opinion following acquittal of defendants — Attorney General advancing different arguments from those advanced by Crown at trial — Whether court having jurisdiction to give opinion on points of law referred — Whether points of law referred ones which had arisen in the case — Criminal Justice Act 1972 (c 71), s 36(1)

  HUMAN RIGHTS — Freedom of thought, expression and assembly — Interference with — Defendants charged with causing criminal damage to statue during protest and committed to Crown Court for trial — Whether jury required to be sure that defendants’ convictions proportionate interference with their Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 9, 10, 11

  7 Case(s) considered

  2 Statutes considered
• Barking and Dagenham London Borough Council v Persons Unknown (Wolverhampton City Council v London Gypsies and Travellers)

  12 May 2021 [2021] EWHC 1201 (QB); [2021] WLR(D) 290, QBD (Nicklin J)

  13 Jan 2022 [2022] EWCA Civ 13; [2023] QB 295; [2022] 2 WLR 946; [2022] 4 All ER 51; [2022] JPL 43; [2022] WLR(D) 48, CA (Sir Geoffrey Vos MR, Lewison, Elisabeth Laing LJJ)

  25 Oct 2022 (appn all) [2023] 1 WLR 382, SC(E) ( Lord Hodge DPSC, Lord Hamblen, Lord Stephens JJSC)

  29 Nov 2023 [2023] UKSC 47; [2024] AC 983; [2024] 2 WLR 45; [2024] 2 All ER 431; [2023] WLR(D) 513; The Times, 5 February 2024, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lord Briggs JJSC, Lord Kitchin)

  Subsequent considerations : 6 positive; 6 neutral; most recently considered: 2025. Subsequent citations: 133.
  PRACTICE — Parties — Persons unknown

  INJUNCTION — Final — Persons unknown

  INJUNCTION — Trespass — Persons unknown
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  PRACTICE — Parties — Persons unknown — Local authorities applying for injunctions against travellers to restrain unauthorised encampments on land — Interim injunctions granted against persons unknown — Whether final injunctions to be granted — Whether injunctions to bind newcomers to the proceedings — CPR rr 3.1(7), 38.2, 6.15, 8.2A(1), PD 8A, PD 25A

  INJUNCTION — Final — Persons unknown — Local authorities obtaining final injunctions against persons unknown to restrain unauthorised encampments on land — Judge calling in injunctions for reconsideration in light of subsequent legal developments — Whether court having power to grant final injunctions against persons unknown — Whether procedure adopted by judge appropriate — Whether limits on court’s power to grant injunctions against world — Senior Courts Act 1981 (c 54), s 37 — Town and Country Planning Act 1990 (c 8), s 187B

  INJUNCTION — Trespass — Persons unknown — Local authorities obtaining injunctions against persons unknown to restrain unauthorised encampments on land — Whether court having power to grant final injunctions against persons unknown — Whether limits on court’s power to grant injunctions against world — Senior Courts Act 1981 (c 54), s 37

  19 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• R v Llewellyn

  11 Feb 2022 [2022] EWCA Crim 154; [2023] QB 459; [2023] 2 WLR 121; [2022] 2 Cr App R 11; [2022] WLR(D) 224, CA (Fulford LJ, Cutts, Cockerill JJ)

  Subsequent considerations : 1 positive; 2 negative; most recently considered: 2025. Subsequent citations: 6.
  CROWN COURT — Jurisdiction — Arraignment
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  CROWN COURT — Jurisdiction — Arraignment — Court of Appeal allowing defendant’s appeal against conviction and ordering retrial — Defendant arraigned on fresh indictment preferred outside two-month time limit — Whether retrial nullity — Criminal Appeal Act 1968 (c 19), ss 7, 8

  2 Case(s) considered

  1 Statute considered

• Velaj v Secretary of State for the Home Department

  03 Jun 2021 [2021] UKUT 235 (IAC); [2021] Imm AR 1629, UT (Judge Rintoul, Judge Blundell)

  31 May 2022 [2022] EWCA Civ 767; [2023] QB 271; [2022] 3 WLR 291; [2023] 1 CMLR 13; [2022] WLR(D) 241, CA (King, Andrews, Whipple LJJ)

  15 Dec 2022 (appn dis) [2023] 1 WLR 766, SC(E) (Lord Lloyd-Jones, Lord Leggatt, Lord Burrows JJSC)

  Subsequent citations: 7.
  EUROPEAN UNION — Immigration — Right to reside
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  EUROPEAN UNION — Immigration — Right to reside — Third-country national father of British citizen child claiming derivative right to reside in United Kingdom on basis child would be unable to reside in United Kingdom if father left United Kingdom indefinitely — Child’s mother giving evidence that she would remain in United Kingdom if father left — Whether father having derivative right to reside — Whether Regulations requiring decision-maker to assume that mother would leave United Kingdom — Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 16(5)(c)

  5 Case(s) considered

  1 Statutory Instrument considered

• R v Hunter (Peter)

  26 Nov 2021 [2021] EWCA Crim 1785; [2023] QB 1; [2022] 3 WLR 485; [2022] 1 Cr App R 13; [2022] WLR(D) 1, CA (Macur, Green LJJ, Cheema-Grubb J)

  Subsequent citations: 3.
  CRIME — Fraud — Fraudulent trading
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  CRIME — Fraud — Fraudulent trading — Defendants’ company buying and reselling tickets for cultural and sporting events by circumventing event organisers’ terms and conditions restricting purchase and resale — Defendants charged with carrying on business of company for fraudulent purpose — Whether offence subject to limitations applying to common law offence of conspiracy to defraud — Whether prosecution required to prove intention to deceive — Whether prosecution required to prove harm or prejudice to interest of others — Whether question of fairness of event organisers’ terms and conditions to be left to jury — Whether doctrine of equity’s darling operating so as to free ultimate purchasers of tickets from event organisers’ terms and conditions — Companies Act 2006 (c 46), s 993(1) — Consumer Rights Act 2015 (c 15), s 71

  1 Case considered

  2 Statutes considered
• Paul v Royal Wolverhampton NHS Trust (Purchase v Ahmed, Polmear v Royal Cornwall Hospitals NHS Trust)

  04 Nov 2019 [2019] EWHC 2893 (QB), QBD (Master Cook)

  04 Jun 2020 [2020] EWHC 1415 (QB), QBD (Chamberlain J)

  13 Jan 2022 [2022] EWCA Civ 12; [2023] QB 149; [2022] 2 WLR 917; [2023] 1 All ER 140; [2022] WLR(D) 47; The Times, March 21, 2022, CA (Sir Geoffrey Vos MR, Underhill, Nicola Davies LJJ)

  11 Jan 2024 [2024] UKSC 1; [2025] AC 459; [2024] 2 WLR 417; [2024] 2 All ER 681; [2024] WLR(D) 34, SC(E) (Lord Briggs, Lord Sales, Lord Leggatt, Lord Burrows, Lady Rose, Lord Richards JJSC, Lord Carloway)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 5.
  NEGLIGENCE — Psychiatric injury — Legal proximity
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  NEGLIGENCE — Psychiatric injury — Legal proximity — Defendant failing to diagnose primary victim’s life-threatening condition — Secondary victim suffering psychiatric injury after witnessing primary victim’s death from life-threatening condition or its immediate aftermath — Whether legal proximity between defendant and secondary victim

  NEGLIGENCE — Psychiatric injury — Legal proximity — Defendant medical practitioner failing to diagnose primary victim’s life-threatening condition — Close family member suffering psychiatric injury after witnessing primary victim’s subsequent death from condition — Whether legal proximity between defendant and family member so as to give rise to duty of care — Whether analogy with psychiatric injury caused by witnessing death or injury in accident

  13 Case(s) considered

• Al-Masarir v Kingdom of Saudi Arabia

  19 Aug 2022 [2022] EWHC 2199 (QB); [2023] QB 475; [2023] 2 WLR 549; [2022] WLR(D) 370, QBD (Julian Knowles J)

  Subsequent citations: 7.
  INTERNATIONAL LAW — State immunity — Act of state
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  INTERNATIONAL LAW — State immunity — Act of state — Claim against defendant state in respect of psychiatric and physical injury caused by infection of claimant’s mobile phone with surveillance software and assault — Whether state having immunity from suit in respect of claim — Whether claimant able to rely on exception for proceedings in respect of personal injury caused by act or omission in United Kingdom — Whether exception applying to acts of sovereign or governmental nature — Whether necessary that whole of tort committed in United Kingdom — State Immunity Act 1978 (c 33), ss 1(1), 5

  5 Case(s) considered

  1 Statute considered

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

  16 May 2022 [2022] EWHC 1159 (Admin); [2023] QB 425; [2022] 3 WLR 610; [2022] WLR(D) 219, QBD (Bourne J)

  Subsequent citations: 1.
  IMMIGRATION — Human trafficking — Victim

  JUDICIAL REVIEW — Bail — Civil proceedings
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  IMMIGRATION — Human trafficking — Victim — Secretary of State’s guidance allowing potential victim of trafficking to withdraw from National Referral Mechanism without imposing requirement of informed consent — Whether guidance unlawful — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 4 — Modern Slavery Act 2015 (c 30), s 49(1) — Council of Europe Convention on Action against Trafficking in Human Beings (2012) (Cm 8414), arts 12, 13

  JUDICIAL REVIEW — Bail — Civil proceedings — High Court granting immigration detainee conditional bail pending claim for judicial review — Secretary of State purporting to impose additional condition pursuant to power to grant conditional immigration bail — Whether Secretary of State entitled to do so — Whether imposition of additional condition reducing scope of liberty granted by High Court order — Immigration Act 2016 (c 19), Sch 10, paras 1, 2

  4 Case(s) considered

  3 Statutes considered

  1 International Agreement considered
• MBR Acres Ltd v Maher

  16 May 2022 [2022] EWHC 1123 (QB); [2023] QB 186; [2022] 3 WLR 999; [2022] WLR(D) 214, QBD (Nicklin J)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 16.
  CONTEMPT OF COURT — Committal application — Breach of injunction
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  CONTEMPT OF COURT — Committal application — Breach of injunction — Application for committal of defendant for breach of injunction — Whether substantive requirement of law of contempt that injunction personally served on defendant — Whether service on defendant’s solicitors sufficient and/or required — Whether court to retrospectively permit alternative service on solicitors — Whether court to retrospectively dispense with service — CPR r 6.15, Pt 81

  4 Case(s) considered

  1 Statutory Instrument considered

• Lewis-Ranwell v G4S Health Services (UK) Ltd

  20 May 2022 [2022] EWHC 1213 (QB); [2023] QB 229; [2022] 3 WLR 677; [2023] 2 All ER 254; [2022] WLR(D) 227, QBD (Garnham J)

  20 Feb 2024 [2024] EWCA Civ 138; [2024] KB 745; [2024] 2 WLR 1377; [2024] 3 All ER 833; [2024] WLR(D) 78, CA (Dame Victoria Sharp P, Underhill, Andrews LJJ)

  23 May 2024 (appn all) [2024] 1 WLR 2775, SC(E) (Lord Reed PSC, Lord Hamblen, Lord Richards JJSC)

  Subsequent citations: 3.
  PUBLIC POLICY — Illegality — Civil claim
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  PUBLIC POLICY — Illegality — Civil claim — Claimant tried for murder but found not guilty by reason of insanity and detained in hospital — Claimant bringing claim in negligence in respect of his care in days preceding killings — Claimant seeking to recover for damage suffered by him as consequence of killings — Whether claim barred on grounds of illegality — Trial of Lunatics Act 1883 (46 & 47 Vict c 38), s 2 — Criminal Procedure (Insanity) Act 1964 (c 84), s 5

  PUBLIC POLICY — Illegality — Civil claim — Claimant tried for murder but found not guilty by reason of insanity — Claimant bringing claim in negligence in respect of his care prior to killings — Claimant seeking to recover for damage suffered by him as consequence of killings — Whether claim barred on grounds of illegality — Trial of Lunatics Act 1883 (46 & 47 Vict c 38), s 2(1) — Criminal Procedure (Insanity) Act 1964 (c 84), s 5

  14 Case(s) considered

  2 Statutes considered