Results: 581

• 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: 6.
  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

• Lord Chancellor v Ross

  05 Nov 2021 [2021] EWHC 2961 (QB); [2022] 1 WLR 1375; [2021] WLR(D) 562, QBD (Lambert J)

  Subsequent citations: 1.
  CRIME — Costs — Power to award
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  CRIME — Costs — Power to award — Legally-aided defendant found unfit to stand trial in criminal proceedings — Court appointing defendant’s legal representative for purposes of proceedings to determine whether defendant did acts or made omissions charged as offence — Whether representative’s costs to be ordered out of central funds or paid via advocates’ graduated fee scheme — Whether costs incurred in “criminal proceedings” — Criminal Procedure (Insanity) Act 1964 (c 84), s 4A — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 14 — Criminal Legal Aid (Remuneration) Regulations 2013 (SI 2013/435), Sch 1, para 31

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument 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)

  Subsequent citations: 5.
  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; [2023] 1 FLR 1, CA (Lewison, Moylan, Baker LJJ)

  Subsequent citations: 2.
  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

• 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
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  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

• Shah v Power

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

  07 Mar 2023 [2023] EWCA Civ 239; [2023] 1 WLR 2830; [2024] 1 All ER 1066; [2023] WLR(D) 194, CA (Lewison, Coulson, Elisabeth Laing LJJ)

  24 Jul 2023 Permission to appeal to Supreme Court refused

  Subsequent citations: 2.
  BUILDING — Party wall — Dispute resolution procedure
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  Case index catchwords

  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

  BUILDING — Party wall — Dispute resolution procedure — Building owner carrying out works without serving party structure notice — Whether adjoining owners able to invoke statutory dispute resolution procedure in absence of notice — Party Wall etc Act 1996 (c 40), ss 2, 3, 10

  8 Case(s) considered

  1 Statute considered
• Walton v Pickerings Solicitors

  02 Aug 2022 [2022] EWHC 2073 (Ch); [2022] 1 WLR 4964; [2022] WLR(D) 365, Ch D (Robin Vos sitting as a deputy High Court judge)

  06 Jun 2023 [2023] EWCA Civ 602; [2023] 1 WLR 3545; [2024] 2 All ER 978; [2023] WLR(D) 243, CA (Asplin, Nugee, Falk LJJ)

  Subsequent considerations : 2 positive; most recently considered: 2025. Subsequent citations: 9.
  PRACTICE — Claim form — Extension of time

  PRACTICE — Claim form — Service
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  Case index catchwords

  PRACTICE — Claim form — Extension of time — Court issuing claim form but not providing claimant with sealed claim form until more than four months later — Claimant consequently failing to serve sealed claim form within four-month time limit — Claimant serving sealed claim form on receipt and applying for extension of time ten days later — Whether claimant having “taken all reasonable steps to comply” with time limit — Whether claimant “acted promptly” in applying for extension — Whether court having discretion to refuse to grant extension of time even if threshold conditions satisfied — CPR rr 7.5, 7.6(3)

  PRACTICE — Claim form — Service — Court issuing and sealing claim form but backdating it by more than four months — Claimant immediately serving claim form on defendants — Whether court having power to seal claim form with date other than that on which it was issued and sealed — Whether claim form served within four months of issue — CPR rr 2.6, 7.2, 7.5

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statutory Instrument considered
• Charman v Revenue and Customs Comrs

  20 Dec 2018 [2018] UKFTT 765 (TC), FTT (Judge Rachel Short and Shameem Akhtar)

  27 Aug 2020 [2020] UKUT 253 (TCC); [2020] STC 1907, UT (TCC) (Falk J and Judge Thomas Scott)

  03 Dec 2021 [2021] EWCA Civ 1804; [2022] 1 WLR 2277; [2022] STC 157; [2021] WLR(D) 613, CA (Green, Arnold, Snowden LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  REVENUE — Income tax — Earnings

  REVENUE — Income tax — Employment
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  Case index catchwords

  REVENUE — Income tax — Earnings — Employment-related restricted securities — Employer granting taxpayer share options vesting in three tranches over separate years — Shares restricted under terms including continued employment — Shares exchanged for those in related company — Whether right to acquire securities arising on date of grant of options or when each tranche vested — Whether interest in shares in related company acquired “as a director or employee” — Income Tax (Earnings and Pensions) Act 2003, ss 420(8), 423, 474, 476

  REVENUE — Income tax — Employment — Earnings — Employer granting taxpayer options to purchase shares in company — Options vesting in three tranches — Taxpayer resident in United Kingdom when first two tranches vesting but not third — Whether taxpayer liable to tax in respect of third tranche — Whether taxpayer resident in United Kingdom when third tranche of options acquired — Whether “acquisition” of options occurring when options granted or when options vesting — Income Tax (Earnings and Pensions) Act 2003 (c 1), ss 420(8), 474(1), 476

  9 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Palmview Estates Ltd v Thurrock Council

  15 Dec 2020 [2020] UKUT 355 (LC), UT

  09 Dec 2021 [2021] EWCA Civ 1871; [2022] 1 WLR 1896; [2021] WLR(D) 623, CA (King, Asplin, Elisabeth Laing LJJ)

  Subsequent citations: 1.
  HOUSING — Private rented sector — Licensing of houses
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  Case index catchwords

  HOUSING — Private rented sector — Licensing of houses — Local authority imposing financial penalty on landlord for having control of or managing house in multiple occupation without licence — Landlord relying on “reasonable excuse” defence — Whether reasonable excuse for failing to apply for licence necessarily sufficient to make out defence — Housing Act 2004 (c 34), s 72(5)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Uniqa Versicherungen AG v VU

  15 Sep 2022 (Case C-18/21); EU:C:2022:682; [2022] 4 WLR 97; [2022] WLR(D) 374, ECJ (President of Chamber K Jürimäe, President of Court acting as Judge of Third Chamber K Lenaerts, Judges N Jääskinen, M Safjan, N Piçarra, Advocate General AM Collins)

  Subsequent citations: 2.
  EUROPEAN UNION — Practice — European order for payment

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters
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  Case index catchwords

  EUROPEAN UNION — Practice — European order for payment — Extension of time limit for lodging statement of opposition — Claimant in Austria obtaining order against defendant in Germany during COVID-19 pandemic — Defendant lodging statement of opposition against order after expiry of time limit — Austria enacting legislation extending all procedural time periods by five weeks during pandemic — Whether national legislation valid — Parliament and Council Regulation (EC) No 1896/2006, arts 16(2), 20, 26

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — European order for payment procedure — Regulation No 1896/2006 — Article 162 — 30-day time limit for lodging a statement of opposition to the European order for payment — Article 20 — Review procedure — Article 26 — Application of national law for procedural issues not specifically dealt with in that regulation — COVID-19 pandemic — National legislation which interrupted the procedural periods in civil matters for several weeks

  2 Case(s) considered

  1 EU Enactment considered