Results: 962

• Criminal proceedings against SF (Openbaar Ministerie v SF)

  11 Mar 2020 (Case C-314/18); EU:C:2020:191; EU:C:2019:427; [2020] 1 WLR 4021; [2020] WLR(D) 191, ECJ (President of Chamber M Vilaras, President of Court, acting as Judge of Fourth Chamber, K Lenaerts, Judges D Šváby, K Jürimäe, N Piçarra, Advocate General P Pikamäe)

  Subsequent citations: 9.
  EXTRADITION — European arrest warrant — Execution

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in criminal matters
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  EXTRADITION — European arrest warrant — Execution — Executing member state requesting issuing member state to guarantee return of requested person to executing member state in order to serve sentence — Whether requested person to be returned as soon as sentence becoming final — Whether executing authority permitted to adapt duration of sentence on requested person’s return — Council Framework Decision 2002/584/JHA, art 5(3) — Council Framework Decision 2008/909/JHA, arts 8, 25

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 5(3) — Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a custodial sentence or a measure involving deprivation of liberty imposed on that person in the issuing Member State — Time of return — Framework Decision 2008/909/JHA — Article 3(3) — Scope — Article 8 — Adaptation of the sentence imposed in the issuing Member State — Article 25 — Enforcement of a sentence under Article 5(3) of Framework Decision 2002/584/JHA

  2 Case(s) considered

  2 EU Enactments considered

• A v C

  12 Feb 2020 [2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD (Foxton J)

  19 Mar 2020 [2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA (Flaux, Newey, Males LJJ)

  Subsequent citations: 1.
  ARBITRATION — Practice — Examination of witnesses
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  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Ogreanu v Italian Judicial Authority

  22 May 2020 [2020] EWHC 1254 (Admin); [2020] 1 WLR 4080; [2020] WLR(D) 306, QBD (Fordham J)

  Subsequent considerations : 1 negative; most recently considered: 2021. Subsequent citations: 2.
  EXTRADITION — European arrest warrant — Further information
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  EXTRADITION — European arrest warrant — Further information — European arrest warrant seeking extradition of requested person to serve sentence imposed following conviction in absence — District judge ordering extradition having found requested person entitled to retrial in requesting member state — District judge having regard to further information provided by requesting judicial authority — Whether information filling gap in European arrest warrant required to emanate directly from requesting judicial authority or refer specifically to requested person — Extradition Act 2003 (c 41), s 20(5) — Council Framework Decision 2002/584/JHA, art 4a (as inserted by Council Framework Decision 2009/299/JHA, art 2(1))

  3 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

• In re Maud (Edgeworth Capital (Luxembourg) SARL v Maud, Libyan Investment Authority v Maud)

  08 Jun 2020 [2020] EWHC 1469 (Ch); [2021] Bus LR 1533; [2020] WLR(D) 335, Ch D (Snowden J)

  BANKRUPTCY — Costs — Order
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  BANKRUPTCY — Costs — Order — Creditors bringing two separate bankruptcy petitions against debtor — Bankruptcy order made on second petition rather than first — Whether court having jurisdiction to award both creditors’ costs as expense of bankruptcy — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 10.149(i)

  1 Case considered

  1 Statutory Instrument considered

• R (Charles) v Secretary of State for Foreign and Commonwealth Affairs

  24 Nov 2020 [2020] EWHC 3185 (Admin); [2021] 1 WLR 1394; [2020] WLR(D) 641, DC (Flaux LJ, Saini J)

  Subsequent citations: 3.
  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity
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  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Employment — Foreign and Commonwealth Office permitting United States’ Government to establish mission away from London Embassy including administrative and technical employees subject to advance waiver of immunity of employees from UK criminal jurisdiction — Employee’s spouse involved in car accident resulting in death of claimants’ son — US refusing UK request for extradition of employee’s spouse following her return to US — Whether employee’s spouse enjoying diplomatic immunity from criminal jurisdiction — Whether family members of employees covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 7, 32, 37(2), 39

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — United States waiving immunity from criminal jurisdiction of members of administrative and technical staff of United States mission — Whether spouse of staff member enjoying immunity from criminal jurisdiction — Whether family of staff members covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 31(1), 32, 37(2), 39 — Vienna Convention on Diplomatic Relations (1961), art 7

  2 Case(s) considered

  1 Statute considered

  1 International Agreement considered

• NMI Technologietransfer GmbH v EuroNorm GmbH

  24 Sep 2020 (Case C-516/19); EU:C:2020:754; [2021] PTSR 387; [2020] WLR(D) 522, ECJ (President of Chamber I Jarukaitis, Judges E Regan, C Lycourgos, Advocate General M Szpunar)

  Subsequent citations: 2.
  EUROPEAN UNION — State aid — Internal market

  EUROPEAN UNION — Reference for a preliminary ruling — State aid
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  Case index catchwords

  EUROPEAN UNION — State aid — Internal market — Exemption from restriction on state aid to small and medium-sized enterprises — Enterprise refused grant aid on basis indirect control exercised by association of organisations holding 25% of capital or voting rights — Whether indirect control by “public body” — Commission Regulation (EU) No 651/2014, Annex I, art 3

  EUROPEAN UNION — Reference for a preliminary ruling — State aid — Articles 107 and 108 TFEU — Regulation EU No 651/2014 — Exemption of certain categories of aid compatible with the internal market — Annex I — Small and medium-sized enterprises SMEs — Definition — Independence test — Article 31 — Autonomous enterprise — Article 34 — Not included — Indirect control of 25% of the capital or voting rights by public bodies — Concepts of 'control' and 'public bodies'

  1 EU Enactment considered

• R v A

  21 Jul 2020 [2020] EWCA Crim 948; [2020] 1 WLR 5014; [2020] WLR(D) 435, CA (Fulford LJ, McGowan, Garnham JJ)

  Subsequent citations: 5.
  CRIME — Sentence — Appeal against sentence
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  CRIME — Sentence — Appeal against sentence — Court of Appeal proposing to quash determinate sentence of imprisonment and substitute special custodial sentence — Whether offender “more severely dealt with on appeal” — Whether consideration to be given to date on which offender becoming eligible for release or date on which offender becoming entitled to automatic release — Criminal Appeal Act 1968 (c 19), s 11(3) — Criminal Justice Act 2003 (c 44), s 236A (as inserted by Criminal Justice and Courts Act 2015 (c 2), s 6, Sch 1, para 2)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R (Williams) v Caerphilly County Borough Council

  24 Jun 2019 [2019] EWHC 1618 (Admin); [2020] LLR 204, QBD

  03 Mar 2020 [2020] EWCA Civ 296; [2020] PTSR 1130; [2020] WLR(D) 138, CA (Flaux, Haddon-Cave, Males LJJ)

  06 Aug 2020 (appn dis) [2020] PTSR 1640, SC(E) (Lord Hodge DPSC, Lord Lloyd-Jones, Lord Burrows JJSC)

  Subsequent citations: 3.
  LOCAL GOVERNMENT — Powers — Sports and recreation facilities
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  LOCAL GOVERNMENT — Powers — Sports and recreation facilities — Funding — Local authority’s executive cabinet adopting strategy for provision of sports and recreation facilities over ten-year period — Whether executive decision to adopt strategy unlawful — Whether decision on adoption of strategy reserved to full council — Whether strategy “arrangement to secure continuous improvement in the exercise” of local authority’s functions — Whether local authority required to undertake consultation with local residents — Local Government Act 2000 (c 22), s 13(3) (as amended by Localism Act 2011 (c 20), s 22, Sch 3, para 13(2)) — Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (SI 2007/399) (W 45), reg 6(1), Sch 4, para 2 — Local Government (Wales) Measure 2009 (nawm 2), ss 2, 5

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered

• Simawi v General Medical Council

  11 Aug 2020 [2020] EWHC 2168 (Admin); [2021] 1 WLR 110; [2020] WLR(D) 469, QBD (Julian Knowles J)

  Subsequent citations: 3.
  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal
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  MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal — Tribunal finding practitioner’s fitness to practise impaired — Tribunal suspending practitioner from register for nine months with direction for suspension to be reviewed prior to expiry — Whether length of suspension appropriate — Whether practitioner having right of appeal against review direction — Medical Act 1983 (c 54), ss 35D(2)(b)(4A), 40(1)

  1 Statute considered

• Holt v Holley & Steer Solicitors

  07 Jul 2020 [2020] EWCA Civ 851; [2020] 1 WLR 4638; [2021] 1 FLR 246; [2020] WLR (D) 414, CA (McCombe, King LJJ, Keehan J)

  13 Jul 2021 (appn dis) [2021] 1 WLR 4650, SC(E) ( Lord Briggs, Lord Kitchin, Lord Burrows JJSC)

  Subsequent citations: 2.
  LIMITATION OF ACTION — Negligence — Accrual of cause of action
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  Case index catchwords

  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Solicitors instructed by wife to act in financial remedy proceedings failing to obtain expert evidence as to value of matrimonial assets — Wife bringing claim in negligence against solicitors more than six years after final hearing but less than six years after making of financial remedy order — Whether claim time-barred — When wife’s cause of action accruing — Limitation Act 1980 (c 58), s 2

  2 Case(s) considered