Results: 803

• 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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  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

• 12345 Retail Group Ltd v Bubble City Ltd

  15 May 2025 [2025] EWHC 1083 (Ch); [2025] Bus LR 2528; [2025] WLR(D) 302, Ch D (Nicola Rushton KC sitting as a deputy High Court judge)

  COMPANY — Director — Breach of fiduciary duty

  COMPANY — Register — Rectification
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  COMPANY — Director — Breach of fiduciary duty — Defendant director transferring away subscriber share of company’s subsidiary in breach of fiduciary duty — Subsidiary company issuing new shares after change of ownership — Company subsequently put into voluntary liquidation and subsidiary company diverting away revenues and cash — Whether claimant creditor having proprietary claim to newly issued shares — Whether claimant having standing to apply for rectification of register of members — Whether claimant having claim for equitable compensation — Companies Act 2006 (c 46), s 125(1)

  COMPANY — Director — Breach of fiduciary duty — Company owning subsidiary’s sole share — Directors causing company to divest share to transferee — Subsidiary issuing new shares and allocating them to transferee — Whether directors acted in breach of fiduciary duties — Whether transferee bona fide purchaser without notice — Whether company having proprietary claim to new shares as traceable proceeds — Whether having claim for equitable compensation — Whether claim barred as reflective loss

  COMPANY — Register — Rectification — Provision allowing “person aggrieved” to apply to court for rectification of company’s register of members — Whether non-member seeking order requiring transfer of shares to him having standing to bring application — Companies Act 2006 (c 46), s 125(1)

  2 Case(s) considered

  1 Statute 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

• Hewston v Office for Standards in Education, Children’s Services and Skills

  04 Aug 2023 [2023] EAT 109; [2023] IRLR 878, EAT (Judge Auerbach, Prof A Rowland, Miss E Lenehan)

  13 Mar 2024 [2024] EWCA Civ 410, CA (Lewison, Elisabeth Laing LJJ)

  14 Mar 2025 [2025] EWCA Civ 250; [2025] ICR 1270; [2025] 3 All ER 1016; [2025] IRLR 457; [2025] WLR(D) 150, CA (Underhill, Warby LJJ, Sir Launcelot Henderson)

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — School inspector dismissed for touching child’s head and back during inspection — Whether dismissal falling within band of reasonable responses — Whether proper regard paid to Acas code — Whether dismissal fair — Employment Rights Act 1996 (c 18), s 98

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — School inspector dismissed for touching child’s head and back during inspection — Whether dismissal falling within band of reasonable responses — Whether dismissal unfair — Employment Rights Act 1996 (c 18), s 98(2)

  1 Case considered

  1 Statute considered

• Delos Shipholding SA v Allianz Global Corporate and Specialty SE

  25 Mar 2024 [2024] EWHC 719 (Comm); [2024] 1 Lloyd's Rep 489, KBD (Dias J)

  30 Jul 2025 [2025] EWCA Civ 1019; [2025] Bus LR 2216; [2025] 2 Lloyd's Rep 117; [2025] WLR(D) 422, CA (Asplin, Males, Popplewell LJJ)

  INSURANCE — Marine — Claim

  INSURANCE — Marine — Exemption clause

  INSURANCE — Marine — Exclusion clause

  INSURANCE — Contract — Material non-disclosure
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  INSURANCE — Marine — Claim

  INSURANCE — Marine — Exemption clause — Infringement of territorial shipping laws — Claimants’ vessel lawfully detained by foreign court following breach of territorial shipping laws — Claimants bringing claim for constructive total loss — Defendant insurers relying on exclusion in policy of detention by reason of infringement of customs or quarantine regulations “and similar”— — Whether exclusion applying — Whether claimants breaching duty of fair presentation of risk by failing to disclose knowledge of criminal charges brought against vessel owner’s sole nominee director — Insurance Act 2015 (c 4), ss 3, 4(3)(8)

  INSURANCE — Marine — Exclusion clause — Policy excluding loss resulting from arrest, restraint or detainment under customs or quarantine regulations “and similar” — Vessel detained for prolonged period having anchored illegally — Whether exclusion applying — Proper approach to construction of “and similar” — American Institute Hull War Risks and Strikes Clauses (1977), exclusion (e)

  INSURANCE — Contract — Material non-disclosure — Insured’s duty to make to insurer fair presentation of risk — Duty including disclosure of every material circumstance known to insured — Corporate insured only knowing information known by individuals forming part of its “senior management” — Identification of individuals forming part of “senior management” — Whether sole director necessarily within term — Insurance Act 2015 (c 4), ss 3(1)(3)(4), 4(1)(3)(8)

  8 Case(s) considered

  2 Statutes 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