Results: 541

• 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
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  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

• 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
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  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

• R v AYP

  23 May 2024 [2024] EWCA Crim 952; [2024] 4 WLR 39; [2024] 2 Cr App R 23; [2024] WLR(D) 401, CA (Holroyde LJ, May, Bourne JJ)

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction
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  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Judge in Crown Court ordering indictment to lie on file with consequence that proceedings coming to end — Prosecution seeking to appeal against ruling — Whether ruling capable of appeal by prosecution — Whether prosecution complying with time limits for notifying Crown Court of intention to appeal — Whether ruling by judge wrong in law — Criminal Justice Act 2003 (c 44), ss 58, 74 — Crim PR r 38.2

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• SportsDirect.com Retail Ltd v Newcastle United Football Co Ltd

  12 Apr 2024 [2024] CAT 24, CAT

  17 May 2024 [2024] EWCA Civ 532; [2024] 1 WLR 4324; [2025] 2 All ER 265; [2024] WLR(D) 227, CA (Sir Geoffrey Vos MR, Sir Julian Flaux C, Andrews LJ)

  Subsequent citations: 6.
  INJUNCTION — Interim — Jurisdiction to grant
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  INJUNCTION — Interim — Jurisdiction to grant — Claimant applying for interim injunction — Whether serious case to be tried — Whether court to accept claimant’s pleaded case when determining whether serious case to be tried

  3 Case(s) considered

• Morris v Morris

  09 Oct 2024 [2024] EWHC 2554 (Ch); [2024] 4 WLR 84; [2024] WLR(D) 438, Ch D (Trower J)

  PUBLIC POLICY — Administration of estates — Suicide
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  PUBLIC POLICY — Administration of estates — Suicide — Claimant assisting terminally ill wife in travelling to assisted dying clinic in Switzerland — Wife accompanied to clinic by adult children and sister — Police finding no grounds for further investigation into claimant’s actions and no public interest in prosecution — Claimant’s assistance in wife’s suicide sufficient to engage forfeiture rule precluding acquisition of beneficial interest under wife’s will — Whether statutory modification of forfeiture rule appropriate — Whether actions of children and sister also engaging forfeiture rule — Approach to determining whether necessary parties joined to proceedings in assisted dying cases — Forfeiture Act 1982 (c 34), s 1, 2(1)(2) — Suicide Act 1961 (9 & 10 Eliz 2, c 60), s 2(1)

  PUBLIC POLICY — Administration of estates — Suicide — Claimant assisting terminally ill wife in travelling to assisted dying clinic in Switzerland — Wife accompanied to clinic by adult children and sister — Police finding no grounds for further investigation into claimant’s actions and no public interest in prosecution — Claimant’s assistance in wife’s suicide sufficient to engage forfeiture rule precluding acquisition of beneficial interest under wife’s will — Whether statutory modification of forfeiture rule appropriate — Whether actions of children and sister also engaging forfeiture rule — Approach to determining whether necessary parties joined to proceedings in assisted dying cases — Forfeiture Act 1982 (c 34), s 2(1)(2) — Suicide Act 1961 (9 & 10 Eliz 2, c 60), s 2(1)

  1 Case considered

  2 Statutes considered

• C v M (A Child) (Practice Note)

  18 May 2023 [2023] EWHC 1182 (Fam), Fam D (Theis J)

  01 Dec 2023 [2023] EWCA Civ 1449; [2024] 1 WLR 1229; [2024] 4 All ER 597; [2024] 1 FLR 493; [2024] 2 FLR 132; [2023] WLR(D) 507, CA (King, Moylan, Elisabeth Laing LJJ)

  Subsequent citations: 3.
  CHILDREN — Custody rights — Breach

  CHILDREN — Custody rights — Practice
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  CHILDREN — Custody rights — Breach

  CHILDREN — Custody rights — Practice — Proceedings for return of child under Hague Convention — Whether child to be joined as party — Guidance on procedure to be followed — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13 — FPR r 16.6(1)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• X v Y (Re X (Financial Remedy: Non-Court Dispute Resolution))

  08 Mar 2024 [2024] EWHC 538 (Fam); [2024] 4 WLR 28; [2024] 2 FLR 800; [2024] WLR(D) 116, Fam D (Knowles J)

  Subsequent citations: 2.
  PRACTICE — Case management — Alternative dispute resolution
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  PRACTICE — Case management — Alternative dispute resolution — Pre-hearing review in financial remedy proceedings — Financial dispute resolution meeting having failed to resolve dispute — Parties invited to consider non-court dispute resolution — Approach to be taken by courts in family proceedings to exercise of powers for purpose of encouraging parties to engage in non-court dispute resolution — FPR rr 1.1, 3.3, 3.4

  2 Case(s) considered

  1 Statutory Instrument considered
• UniCredit Bank GmbH v RusChemAlliance LLC (G v R)

  22 Sep 2023 [2023] EWHC 2365 (Comm), KBD (Sir Nigel Teare Sitting as a High Court Judge)

  02 Feb 2024 [2024] EWCA Civ 64; [2024] 1 Lloyd's Rep 350, CA (Bean, Males, Lewis LJJ)

  23 Apr 2024 Decision summary (Video); Case details; [2024] UKSC B1, SC(E)

  18 Sep 2024 [2024] UKSC 30; [2025] AC 1177; [2024] 3 WLR 659; [2025] 2 All ER 125; [2025] 2 All ER (Comm) 1; [2024] 2 Lloyd's Rep 466; [2024] WLR(D) 412, SC(E) (Lord Reed PSC, Lord Sales, Lord Leggatt, Lord Burrows, Lady Rose JJSC)

  11 Feb 2025 [2025] EWCA Civ 99; [2025] 1 WLR 2321; [2025] 2 All ER (Comm) 33; [2025] 1 Lloyd's Rep 264; [2025] WLR(D) 86, CA (Sir Geoffrey Vos MR, Asplin, Phillips LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 20.
  INJUNCTION — Anti-suit injunction — Restraint of foreign proceedings

  CONFLICT OF LAWS — Contract — Arbitration agreement

  INJUNCTION — Anti-suit injunction — Discharge
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  INJUNCTION — Anti-suit injunction — Restraint of foreign proceedings — Guarantee issued by claimant in favour of Russian defendant containing English choice of law clause and providing for arbitration seated in Paris — Defendant in apparent breach of arbitration agreement commencing action in Russia — Claimant applying for permanent anti-suit injunction to restrain defendant from pursuing Russian proceedings — Whether English court having jurisdiction to grant injunction — Whether relevant arbitration agreement governed by English law — Whether England proper place in which to bring claim — Whether final injunction to be granted — Senior Courts Act 1981, s 37 — CPR r 6.37(3) — CPR PD6B

  CONFLICT OF LAWS — Contract — Arbitration agreement — Bond contracts containing choice of English law clauses and arbitration agreements with Paris seat — Claimant alleging proceedings brought by defendant in Russia in breach of arbitration agreements and seeking anti-suit injunction — Whether English courts having jurisdiction — Whether arbitration agreements governed by English law — Whether England and Wales proper place to bring claim — Arbitration Act 1996 (c 23), s 2(3)

  CONFLICT OF LAWS — Contract — Arbitration agreement — Bond contracts containing choice of English law clauses and arbitration agreements with Paris seat — Claimant claiming anti-suit injunction in High Court to restrain defendant from continuing proceedings in Russia in breach of arbitration agreements — Whether English courts having jurisdiction over claim for anti-suit injunction — Whether arbitration agreements governed by English law — Whether England and Wales proper place to bring claim — CPR rr 6.36, 6.37(3), PD 6B, para 3.1(6)(c)

  INJUNCTION — Anti-suit injunction — Discharge — Bond contracts containing choice of English law clauses and arbitration agreements with Paris seat — Claimant claiming anti-suit injunction in High Court to restrain defendant from continuing proceedings in Russia in breach of arbitration agreements — Court of Appeal granting final anti-suit injunction against defendant — Russian court granting defendant ruling requiring claimant to refrain from initiating or continuing proceedings against defendant in respect of bonds other than in Russian courts and to take all measures to cancel order of Court of Appeal or pay court-imposed penalty — Claimant applying to discharge final anti-suit injunction granted by Court of Appeal — Whether court having jurisdiction to revoke or vary final anti-suit injunction — Whether application to discharge final anti-suit injunction to be granted and if so whether injunction to be revoked or varied

  INJUNCTION — Anti-suit injunction — Discharge — Claimant obtaining final anti-suit injunction from English court restraining defendant from bringing certain claims in Russia — Defendant obtaining order from Russian court requiring claimant to take all measures within its control to cancel English injunction or pay large penalty — Whether English court empowered to revoke or vary final anti-suit injunction — Whether injunction to be revoked or varied — CPR r 3.1(7)

  18 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (Parkes) v Dorset Council

  23 May 2024 [2024] EWHC 1253 (Admin); [2024] 1 WLR 4337; [2024] WLR(D) 243, KBD (Holgate J)

  PLANNING — Development — Planning permission
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  PLANNING — Development — Planning permission — Barge accommodating asylum seekers moored in area always lying below mean low water mark — Local planning authority not taking planning enforcement action against use of barge — Whether barge subject to planning control — Whether forming part of “land” within authority’s area — Whether planning control extending below mean low water mark and beyond authority’s geographical scope — Whether EU law requiring environmental assessment — Town and Country Planning Act 1990 (c 8), ss 55(1), 57(1), 336(1) — Local Government Act 1972 (c 70), s 72 — Parliament and Council Directive 2011/92/EC, art 2(1)

  PLANNING — Development — Planning permission — Barge accommodating asylum seekers moored in harbour below mean low water mark — Whether sea bed above which barge moored subject to planning control — Whether within local planning authority’s area — Whether constituting “land” — Whether statute to be interpreted purposively or compatibly with European Union law so as to subject sea bed to planning control — Local Government Act 1972 (c 70), s 72 — Town and Country Planning Act 1990 (c 8), s 336(1) — Parliament and Council Directive 2011/92/EU, art 2(1)

  7 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered

• R (Bano) v Waltham Forest London Borough Council

  25 Mar 2024 [2024] EWHC 654 (Admin); [2024] 1 WLR 3645; [2024] WLR(D) 152, KBD (Dexter Dias KC sitting as a deputy High Court judge)

  07 Feb 2025 [2025] EWCA Civ 92; [2025] 1 WLR 2557; [2025] WLR(D) 93, CA (Peter Jackson, Newey, Warby LJJ)

  16 Jun 2025 (appn all) [2025] 1 WLR 3224; UKSC/2025/0050, SC(E) (Lord Hodge DPSC, Lord Leggatt, Lady Rose JJSC)

  Subsequent citations: 5.
  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation
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  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Local housing authority making private rented sector offer to housing applicant — Offer letter not meeting statutory requirements — Applicant refusing offer — Whether authority’s main housing duty ending — Whether necessary for authority to make positive decision that duty at an end — Housing Act 1996 (c 52), ss 193(2)(7AA)(7AB)

  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Local housing authority making private rented sector offer to housing applicant — Offer letter not meeting statutory requirements — Applicant refusing offer — Whether authority’s main housing duty ending — Whether necessary for authority to make positive decision that duty at an end — Whether applicant having available remedy other than judicial review — Housing Act 1996 (c 52), ss 193(2)(7AA)(7AB), 202(1)(b)

  10 Case(s) considered

  1 Statute considered