Results: 637

• Bauer v Director of Public Prosecutions

  22 Mar 2013 (Liberty intervening) [2013] EWHC 634 (Admin); [2013] 1 WLR 3617; (2013) 177 JP 297; [2013] WLR (D) 121; [2013] ACD 66, DC (Moses LJ, Kenneth Parker J)

  Subsequent considerations : 2 positive; most recently considered: 2022. Subsequent citations: 11.
  CRIME — Aggravated trespass — Disrupting lawful activity
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  CRIME — Aggravated trespass — Disrupting lawful activity — Defendants occupying department store as part of demonstration — Minority of protesters masked and chanting slogans — No evidence of defendants doing any specific act inside store save for participating in demonstration — Whether demonstration act distinct from trespass — Whether defendants guilty of aggravated trespass on joint enterprise basis or as principals — Criminal Justice and Public Order Act 1994, s 68(1)

  2 Case(s) considered

  1 Statute considered

• Deutsche Umwelthilfe eV v Federal Republic of Germany

  18 Jul 2013 (Case C-515/11); EU:C:2013:523; [2013] 1 WLR 3764; [2013] WLR (D) 291, ECJ

  Subsequent citations: 3.
  EUROPEAN UNION — Information — Public access to environmental information

  EUROPEAN UNION — Public access to environmental information — Directive 2003/4/EC
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  EUROPEAN UNION — Information — Public access to environmental information — Environmental association’s request for information obtained by government ministry during process leading to adoption of normative regulation under enabling legislation — Ministry refusing request relying on national law exempting public authorities from requirement to provide environmental information where acting in context of adoption of regulations — European Union provision providing exception to requirement of disclosure for bodies acting in legislative capacity — Whether ministry exempt from public disclosure requirements — Parliament and Council Directive 2003/4/EC, art 2(2)

  EUROPEAN UNION — Public access to environmental information — Directive 2003/4/EC — Power of the Member States to exclude bodies acting in a legislative capacity from the definition of ‘public authority’ under that directive — Limits

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered
• McGraddie v McGraddie

  31 Jul 2013 [2013] UKSC 58; [2013] 1 WLR 2477; [2013] WLR (D) 323; Case details; 2014 SC (UKSC) 12, SC

  28 Jan 2015 (No 2) [2015] UKSC 1; [2015] 1 WLR 560; [2015] 3 All ER 61; [2015] WLR (D) 36; Case details; 2015 SC (UKSC) 45, SC

  Subsequent considerations : 3 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 173.
  PRACTICE — Appeal — Witness action tried by judge alone

  COSTS — Order for costs — Legal expenses insurance

  LEGAL AID — Scotland — Expenses

  EVIDENCE — Credibility and reliability of witnesses — Opinion of judge who heard witnesses

  EXPENSES — Legal aid — Appeal to UK Supreme Court

  EXPENSES — ‘After the event’ insurance premiums — Whether recoverable as expense
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  PRACTICE — Appeal — Witness action tried by judge alone — Findings of fact — Review by appellate court — Principles applicable

  COSTS — Order for costs — Legal expenses insurance — Defenders successfully reclaiming before Inner House of Court of Session — Pursuer obtaining after the event insurance for appeal to Supreme Court — Supreme Court allowing appeal — Pursuer seeking order for expenses — Whether insurance premium recoverable as part of expenses — Act of Sederunt (Rules of the Court of Session 1994) 1994, Sch 2, r 42.10 — Supreme Court Rules 2009, r 46(1) — Supreme Court Practice Direction 13, para 3.1

  LEGAL AID — Scotland — Expenses — Order for expenses — Legally aided defenders successfully reclaiming before Inner House of Court of Session — Pursuer appealing — Defenders granted legal aid to respond to appeal — Supreme Court allowing appeal — Whether pursuer entitled to order for expenses from legal aid fund — Legal Aid (Scotland) Act 1986 (as amended by Legal Aid Act 1988, s 44, Sch 4, para 8), s 19

  EVIDENCE — Credibility and reliability of witnesses — Opinion of judge who heard witnesses — Duty of appellate court

  EXPENSES — Legal aid — Appeal to UK Supreme Court — Unassisted party seeking award of expenses against Scottish Legal Aid Board

  EXPENSES — ‘After the event’ insurance premiums — Whether recoverable as expense — Supreme Court Rules 2009 (SI 2009/1603 (L 17)), r 46

  12 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• B v Independent Safeguarding Authority

  18 Jul 2012 (Royal College of Nursing intervening) [2012] EWCA Civ 977; [2013] 1 WLR 308; [2012] WLR (D) 215, CA

  Subsequent considerations : 1 neutral; most recently considered: 2021. Subsequent citations: 42.
  TRIBUNAL — Upper Tribunal — Jurisdiction
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  TRIBUNAL — Upper Tribunal — Jurisdiction — Independent Safeguarding Authority charged with deciding whether individual to be placed on barred lists — Applicant convicted of sex offences — Authority including applicant on children’s barred list and subsequently refusing to remove his name from list — Applicant appealing on ground that inclusion in children’s list disproportionate — Upper Tribunal deciding issue de novo and directing removal from list — Whether tribunal having jurisdiction to consider appropriateness of listing — Whether according appropriate weight to authority’s decision — Whether public confidence in statutory scheme and list relevant when deciding appeal against listing — Safeguarding Vulnerable Groups Act 2006 (as amended by Policing and Crime Act 2009, s 81 and Transfer of Tribunal Functions Order 2008, art 6, Sch 3, para 222), ss 1, 2, 4(3)

  6 Case(s) considered

  1 Statute considered

• Mohan v Secretary of State for the Home Department

  23 Oct 2012 [2012] EWCA Civ 1363; [2013] 1 WLR 922; [2012] WLR (D) 291, CA

  Subsequent citations: 7.
  IMMIGRATION — Deportation — Conducive to public good
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  IMMIGRATION — Deportation — Conducive to public good — Claimant overstayer in United Kingdom marrying and having children — Claimant applying for residence order in respect of daughter — Claimant sentenced to 30 months’ imprisonment — Liable to automatic deportation as foreign criminal whose removal conducive to public good — Home Secretary making deportation order — Claimant on appeal against order raising Convention right to respect for family life relying on ongoing family proceedings — Upper Tribunal dismissing appeal on basis that deportation not breach of Convention right irrespective of family proceedings — Whether Upper Tribunal impermissibly prejudging family proceedings — Correct approach in treatment of interrelationship between deportation appeal and family proceedings — Whether appropriate to grant limited leave to remain or adjourn appeal pending determination of family proceedings — Whether appeal to be remitted to tribunal — Human Rights Act 1998, Sch 1, Pt I, art 8 — UK Borders Act 2007, s 32

  2 Case(s) considered

  1 Statute considered
• Abbey Forwarding Ltd v Hone

  11 Dec 2012 [2012] EWHC 3525 (Ch); [2013] Ch 455; [2013] 2 WLR 1368; [2012] WLR (D) 375, Ch D (Judge Pelling QC)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  INJUNCTION — Interim — Undertaking as to damages
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  INJUNCTION — Interim — Undertaking as to damages — Court discharging freezing injunction and defendants seeking compensation pursuant to cross-undertaking — Principles to be applied in determining compensation — Whether damages for emotional distress and aggravated damages recoverable

  6 Case(s) considered
• Carboex SA v Louis Dreyfus Commodities Suisse SA (The Alpha Glory)

  12 May 2011 [2011] EWHC 1165 (Comm); [2011] 2 All ER (Comm) 365; [2011] 2 Lloyd's Rep 177; [2011] 1 CLC 954, QBD (Field J)

  19 Jun 2012 [2012] EWCA Civ 838; [2013] QB 789; [2013] 2 WLR 754; [2012] 2 All ER (Comm) 1039; [2012] 2 Lloyd's Rep 379; [2012] 2 CLC 416; [2012] WLR (D) 179; (2012) 162 NLJ 911, CA (Lord Neuberger of Abbotsbury MR, Moore-Bick, Toulson LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2012. Subsequent citations: 6.
  SHIPPING — Charterparty — Construction
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  SHIPPING — Charterparty — Construction — Contract of affreightment containing strike provision — Discharge of cargo delayed by congestion in port due to strike action before vessels’ arrival at port — Whether strike exception applying to vessel unable to berth due to berth congestion caused by strike or only to vessel at quayside ready to discharge — Whether owners or charterers liable for delay — American Welsh Coal Charter form (1979 amendment), cl 9

  5 Case(s) considered

  1 Standard Form considered
• Dunn v Durham County Council

  13 Dec 2012 [2012] EWCA Civ 1654; [2013] 1 WLR 2305; [2013] 2 All ER 213; [2013] LGR 315; [2012] WLR (D) 381, CA

  Subsequent considerations : 3 positive; 1 neutral; most recently considered: 2020. Subsequent citations: 39.
  PRACTICE — Discovery — Privilege
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  Case index catchwords

  PRACTICE — Discovery — Privilege — Confidentiality — Claim for damages based on allegations of historic abuse while child in local authority care — Claimant seeking disclosure of documents — Whether documents exempted from disclosure on public interest grounds — Proper approach where exemption from disclosure sought — CPR Pt 31

  4 Case(s) considered

  1 Statutory Instrument considered
• In re L (Children) (Preliminary Finding: Power to Reverse) (In re L-B (Children) (Care Proceedings: Power to Revise Judgment))

  18 Jul 2012 [2012] EWCA Civ 984; [2013] 1 FLR 209; [2012] WLR (D) 240, CA

  20 Feb 2013 [2013] UKSC 8; [2013] 1 WLR 634; [2013] 2 All ER 294; [2013] 2 FLR 859; [2013] WLR (D) 69; Case details, SC(E)

  Subsequent considerations : 4 positive; 4 neutral; most recently considered: 2022. Subsequent citations: 165.
  PRACTICE — Judgment — Preliminary fact-finding hearing
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  Case index catchwords

  PRACTICE — Judgment — Preliminary fact-finding hearing — Judge giving extempore judgment in preliminary fact-finding hearing in care proceedings — Judge determining father to be sole perpetrator of child’s injuries — Decision recorded in order but order not sealed — Judge giving second judgment reversing earlier conclusion and stating unable to conclude which parent had caused injuries — Judge’s power to revisit decision before order sealed — Whether to be exercised only in exceptional circumstances

  3 Case(s) considered

• Wildsmith v Arrowgame Ltd

  22 Nov 2012 (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2013] 1 WLR 1051; [2012] WLR (D) 358; [2013] 2 All ER 128, Ch D (Geraldine Andrews QC)

  Subsequent citations: 24.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Application for acquisition order — Preliminary notice — Notice not specifying remedial steps for landlord to take but stating that matters complained of not capable of remedy — Landlord contending some matters capable of being remedied — Whether notice valid — Landlord and Tenant Act 1987 (as amended by Housing Act 1996, s 88 and Commonhold and Leasehold Reform Act 2002, s 160(5)), ss 27(2), 29(3)

  1 Statute considered