Results: 461

• Barry v Barry

  08 Apr 2025 [2025] EWHC 819 (KB); [2025] 4 WLR 56; [2025] WLR(D) 202, KBD (Dexter Dias J)

  COSTS — Costs management — Costs budget
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  Case index catchwords

  COSTS — Costs management — Costs budget — Claimants seeking to vary costs budget on grounds of oppressive behaviour by defendant in seeking to cause them to spend money disproportionately on costs — Relevant test of causation for that purpose — Whether oppressive behaviour established — Whether costs budget to be varied — CPR PD 3D, para 13

  COSTS — Costs management — Costs budget — Claimants seeking to vary costs budget on grounds of oppressive behaviour by defendant in seeking to cause them to spend money disproportionately on costs — Relevant test of causation for that purpose — Whether oppressive behaviour established — Whether costs budget to be varied — CPR r 3.15A, PD 3D, para 13

  2 Case(s) considered

  1 Statutory Instrument considered

• R v Castle (Robert)

  10 Apr 2025 [2025] EWCA Crim 535; [2025] 4 WLR 105; [2025] WLR(D) 505, CA (Lady Carr of Walton-on-the-Hill CJ, Goose, Choudhury JJ)

  CRIME — Sentencing — Blackmail
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  CRIME — Sentencing — Blackmail — Defendant sending email to Member of Parliament who regarded it as threatening and intimidating — Guidance as to proper approach to be adopted when sentencing for blackmail offence — Sentencing Act 2020 (c 17), s 57

  CRIME — Sentencing — Blackmail — Defendant sending e-mail to Member of Parliament who regarded it as threatening and intimidating — Guidance as to proper approach to be adopted when sentencing for blackmail offence — Sentencing Act 2020 (c 17), s 57

  2 Case(s) considered

  1 Statute considered

• In re E (Children)

  27 Feb 2025 [2025] EWCA Civ 183; [2025] 1 WLR 2150; [2025] 2 FLR 141; [2025] WLR(D) 117, CA (Moylan, Peter Jackson, Andrews LJJ)

  Subsequent citations: 7.
  CHILDREN — Proceedings concerning — Costs

  CHILDREN — Orders with respect to children — Costs
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  CHILDREN — Proceedings concerning — Costs — Father seeking costs after substantial fact-finding hearing in Children Act proceedings — Judge declining to make an order that mother pay some or all of father’s costs — Whether different test applying to costs of fact-finding hearings in private law proceedings — Whether different approach where costs application made in acrimonious case against legally aided party as gateway to seeking recovery against Lord Chancellor

  CHILDREN — Orders with respect to children — Costs — Application for contact order in private law children proceedings — Judge giving fact-finding judgment following protracted and acrimonious hearing — Whether court to follow general practice of making no order for costs in family proceedings concerning children absent exceptional circumstances

  5 Case(s) considered

• AD v Iberia Líneas Aéreas de España SA Operadora Unipersonal

  05 Jun 2025 (Case C-292/24); EU:C:2025:402; [2025] 1 WLR 3854; [2025] WLR(D) 318, ECJ (President of Chamber S Rodin, Judges N Piçarra, O Spineanu-Matei Advocate General M Szpunar)

  EUROPEAN UNION — Reference for a preliminary ruling — International air transport

  AIRCRAFT — Carriage by air — Carrier’s liability for damage
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  EUROPEAN UNION — Reference for a preliminary ruling — International air transport — Montreal Convention — Air carrier liability — Article 19 — Damage occasioned by delay in the carriage by air of passengers, baggage or cargo — Article 312 — Timely notice of complaints — Complaint before the date on which the baggage concerned was placed at the disposal of the person entitled to delivery of it

  AIRCRAFT — Carriage by air — Carrier’s liability for damage — Baggage delayed — Passenger making complaint to airline before baggage subsequently delivered to destination airport — Passenger claiming reimbursement of costs incurred by delay — Whether airline liable where complaint made before baggage returned to passenger — Convention for the Unification of Certain Rules for International Carriage by Air (1999), art 31(2)

  AIRCRAFT — Carriage by air — Carrier’s liability for damage — Passenger’s claim in respect of damage occasioned by delay in carriage of baggage — Passenger required to make complaint to carrier within 21 days from date on which baggage returned — Whether requirement met if passenger making complaint before baggage returned — Convention for the Unification of Certain Rules for International Carriage by Air (1999), art 31(2)

  2 Case(s) considered

  1 International Agreement considered

• In re Estate of Cowley, decd (Johnson v Attorney General)

  28 Jul 2025 [2025] EWHC 1943 (Ch); [2025] 4 WLR 95; [2025] WLR(D) 431, Ch D (Sir Julian Flaux C)

  ADMINISTRATION OF ESTATES — Probate — Inspection of will
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  ADMINISTRATION OF ESTATES — Probate — Inspection of will — Alleged Provisional Irish Republican Army member and British spy passing away — Personal representative applying to seal will to protect self and those named in will from harm — Factors to be considered in determining whether public inspection of will undesirable or inappropriate — Whether will to be sealed — Supreme Court Act 1981 (c 54), s 124 — Non-Contentious Probate Rules 1987 (SI 1987/2024), r 58

  ADMINISTRATION OF ESTATES — Probate — Inspection of will — Personal representative applying to seal will of alleged Provisional Irish Republican Army member and British spy — Guidance as to factors to be considered in determining whether public inspection of will undesirable or inappropriate — Whether will to be sealed — Senior Courts Act 1981 (c 54), s 124 — Non-Contentious Probate Rules 1987 (SI 1987/2024), r 58 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 2, 3, 8

  2 Case(s) considered

  3 Statutes considered

  1 Statutory Instrument considered

• R (Tortoise Media Ltd) v Conservative and Unionist Party

  23 May 2025 [2025] EWCA Civ 673; [2025] 1 WLR 4186; [2025] WLR(D) 284, CA (Sir Geoffrey Vos MR, Singh, Dingemans LJJ)

  JUDICIAL REVIEW — Public authority — Functions of a public nature

  HUMAN RIGHTS — Public authority — Functions of a public nature

  JUDICIAL REVIEW — Permission to proceed — Appeal
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  JUDICIAL REVIEW — Public authority — Functions of a public nature — Refusal of Conservative Party to disclose information to media organisation concerning election of party leader in mid term of Parliament with absolute majority on ground party not public body and did not carry out public functions — Media organisation applying for permission to apply for judicial review of party’s refusal to disclose information — Whether holding leadership election by party members private matter for party — Whether party “acting in the exercise of a public function” when conducting leadership election — Human Rights Act 1998 (c 42), s 6(3)(b),(5) — CPR r 54.1(2)

  HUMAN RIGHTS — Public authority — Functions of a public nature — Prime Minister resigning midway through Parliamentary term with absolute majority in House of Commons — Prime Minister’s party electing new leader — Queen following Prime Minister’s advice to invite new leader to become Prime Minister — Whether party “public authority” — Whether party exercising “functions of a public nature” — Whether party’s election of new leader act of “private” nature — Human Rights Act 1998 (c 42), s 6(3)(b)(5)

  JUDICIAL REVIEW — Permission to proceed — Appeal — Guidance to Court of Appeal when determining claimant’s application for permission to appeal against refusal to grant permission to proceed with claim for judicial review — CPR r 52.8

  4 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Howe v Brent London Borough Council

  27 Nov 2024 [2024] EWCA Civ 1444; [2025] 1 WLR 1751; [2024] WLR(D) 517, CA (Lewison, Andrews, Zacaroli LJJ)

  Subsequent citations: 1.
  HOUSING — Secure tenancy — Right to buy
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  HOUSING — Secure tenancy — Right to buy — Secure tenant serving notice to exercise right to buy along with family member occupier claimant — Tenant dying and local authority asserting claimant not qualifying to assert right to buy — County Court judge holding claimant to be deemed secure tenant and therefore holding right to buy — Whether family member’s right to buy arising at time secure tenant requiring them to share in right to buy — Whether claimant deemed to be statutory tenant for right to buy purposes — Whether claimant entitled to continue right to buy claim — Housing Act 1985 (c 68), ss 122(1), 123, 181

  HOUSING — Secure tenancy — Right to buy — Secure tenant serving notice claiming to exercise right to buy and requiring that family member share right to buy with her — Secure tenant dying without landlord having admitted family member’s right to buy — Whether family member’s right to buy arising at time of secure tenant’s notice — Whether family member deemed to be secure tenant for right to buy purposes — Housing Act 1985 (c 68), ss 122, 123, 124, 181

  3 Case(s) considered

  1 Statute considered

• R v Niinemae

  24 Jun 2025 [2025] EWCA Crim 984; [2025] 4 WLR 100; [2025] WLR(D) 483, CA (Popplewell LJ, Thornton J, Judge Chambers KC)

  CRIME — Sentence — Terrorism
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  CRIME — Sentence — Terrorism — Collection of terrorist information — Categorisation of harm in sentencing guidelines — Higher category for material providing instructions for “specific terrorist activity” — Whether material merely capable of being used for terrorist activity within category — Proper approach to determining whether material capable of being instruction for specific terrorist activity — Terrorism Act 2000 (c 11), s 58(1)(b)

  CRIME — Sentence — Terrorism — Collection of terrorist information — Categorisation of culpability and harm in sentencing guidelines — Higher categories if offender having terrorist connections and in possession of material providing instructions for specific terrorist activity — Whether terrorist connections preceding possession of material relevant to determination of culpability category — Whether material merely capable of being used for terrorist activity within higher harm category — Relevance of context in determining appropriate harm category — Terrorism Act 2000 (c 11), s 58(1)

  1 Statute considered

• Hellard v OJSC Rossiysky Kredit Bank

  10 Jul 2024 [2024] EWHC 1783 (Ch); [2025] 1 WLR 297; [2025] 1 All ER (Comm) 532; [2024] WLR(D) 340, Ch D (Nicholas Thompsell sitting as a deputy High Court judge)

  Subsequent citations: 4.
  PRACTICE — Civil proceedings — Economic sanctions

  SANCTIONS — Finance — Control of company
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  PRACTICE — Civil proceedings — Economic sanctions — Former controller of liquidating Russian banks subject to bankruptcy proceedings — Banks joining creditors’ committee to assist trustees in management of bankruptcy — Concern as to whether designated persons under UK sanctions regime able to exercise “control” over banks within meaning of sanctions legislation — Whether banks’ claims and/or rights as part of creditors’ committee constituting “funds” or “economic resources” for purpose of sanctions regime — Whether trustees prohibited from “dealing” with banks by accepting votes or allowing participation in creditors’ committee — Whether trustees providing financial services to banks in breach of sanctions regime — Insolvency Act 1986 (c 45), ss 301, 303(2) — Sanctions and Anti-Money Laundering Act 2018 (c 13), s 61(1) — Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019/855), rr 7(4), 11(1)(4), 18A

  SANCTIONS — Finance — Control of company — Russian banks having voting rights as creditors in English bankruptcy — Whether trustees in bankruptcy breaching sanctions regulations by dealing with banks — Whether banks “owned or controlled directly or indirectly” by designated persons — Whether trustees “dealing with” funds by accepting banks’ votes in creditors’ decision procedure or at meeting of creditors’ committee — Whether trustees providing “financial services” in carrying out statutory functions — Insolvency Act 1986 (c 45), ss 301, 303(2) — Sanctions and Anti-Money Laundering Act 2018 (c 13), s 61(1) — Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019/855), rr 7(4), 11(1)(4), 18A

  2 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• YW v A

  29 Oct 2024 [2024] EWHC 3548 (Fam); [2025] 4 WLR 27; [2025] WLR(D) 102, KBD (Gwynneth Knowles J)

  CHILDREN — Orders with respect to children — Parental order
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  CHILDREN — Orders with respect to children — Parental order — Couple domiciled in England entering into surrogacy arrangement in Georgia and applying for parental order — Father serving term of imprisonment — Whether “child’s home … with … applicants” — Weight to be given to public policy considerations — Whether parental order to be made — Human Fertilisation and Embryology Act 2008 (c 22), s 54(4)(a)

  CHILDREN — Orders with respect to children — Parental order — Couple domiciled in England entering into surrogacy arrangement abroad and applying for parental order — Father serving term of imprisonment — Whether recently concluded term of imprisonment precluding fulfilment of statutory requirement that child’s home be with applicants — Whether preventing making of parental order on welfare grounds — Weight to be given to public policy considerations — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Human Fertilisation and Embryology Act 2008 (c 22), s 54(4)(a)

  2 Case(s) considered

  2 Statutes considered