Results: 5551

• Thorpe v Frank

  07 Nov 2017 [2017] UKUT 427 (TCC), UT (Judge Elizabeth Cooke)

  14 Feb 2019 [2019] EWCA Civ 150; [2019] 1 WLR 6217; [2019] WLR(D) 101, CA (McCombe, David Richards, Newey LJJ)

  Subsequent citations: 2.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Owner of bungalow paving over triangle of land in front of bungalow — Triangle in fact part of title to neighbouring bungalow — Whether paving of triangle sufficient to constitute taking factual possession of triangle for purposes of adverse possession claim — Whether necessary to have prevented others from passing over triangle — Limitation Act 1980 (c 58), s 15, Sch 1, paras 1, 8(1)

  3 Case(s) considered

  1 Statute considered
• Camera di Commercio di Lecce v Manni (Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Salvatore Manni)

  09 Mar 2017 (Case C-398/15); EU:C:2017:197; [2018] Bus LR 25; [2017] WLR (D) 163, ECJ (President of Chamber M Ilešič, Judges A Prechal, A Rosas, C Toader, E Jarašiūnas Advocate General Y Bot)

  Subsequent considerations : 1 neutral; most recently considered: 2025. Subsequent citations: 8.
  DATA PROTECTION — Personal data — Access to

  EUROPEAN UNION — Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data
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  DATA PROTECTION — Personal data — Access to — Data subject to disclosure in companies register — Director of insolvent company seeking to have details of insolvency removed or anonymised — Whether individuals entitled to request, after certain period of time elapsed, to limit access to personal data — First Council Directive 68/151/EEC, art 3 — Parliament and Council Directive 95/46/EC, art 6(1)(e)

  DATA PROTECTION — Personal data — Access to — European Union law requiring entry of personal data items in company register — Whether data subject having right to limit access to data after dissolution of company — First Council Directive 68/151/EEC (as amended by Parliament and Council Directive 2003/58/EC, art 3), arts 2, 3 — Parliament and Council Directive 95/46/EC, arts 6(1)(e), 12(b)

  EUROPEAN UNION — Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 6(1)(e) — Data subject to disclosure in the companies register — First Directive 68/151/EEC — Article 3 — Winding-up of the company concerned — Restriction of access to that data by third parties

  1 Case considered
• R (Citizens UK) v Secretary of State for the Home Department

  18 Sep 2017 [2017] EWHC 2301 (Admin); [2018] 2 All ER 573, QBD (Soole J)

  31 Jul 2018 [2018] EWCA Civ 1812; [2018] 4 WLR 123; [2019] 1 All ER 416; [2018] WLR (D) 497, CA (Hickinbottom, Singh, Asplin LJJ)

  Subsequent considerations : 3 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 76.
  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child
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  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child — Unaccompanied children in migrant camp in France seeking asylum to join family members in United Kingdom — Camp closed and occupants dispersed to accommodation centres — Expedited process to identify and transfer unaccompanied children with family members in United Kingdom — Whether compliant with European Union law — Whether compliant with common law — Parliament and Council Regulation (EU) No 604/2013

  3 Case(s) considered

  1 EU Enactment considered
• R (Hassett) v Secretary of State for Justice (R (Price) v Secretary of State for Justice)

  04 May 2017 [2017] EWCA Civ 331; [2017] 1 WLR 4750; [2017] WLR (D) 304, CA (Black, Sales and Moylan LJJ)

  08 Apr 2019 (appn dis) [2019] 1 WLR 3393, SC(E) (Lord Reed DPSC, Lord Carnwath, Lord Kitchin JJSC)

  Subsequent considerations : 1 neutral. Subsequent citations: 34.
  PRISONS — Prisoners’ rights — Security categorisation
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  PRISONS — Prisoners’ rights — Security categorisation — Category A Review Team recommending continuation of prisoners’ security categorisation without holding oral hearing — Whether oral hearing required by common law procedural fairness

  3 Case(s) considered

• Ravenscroft v Canal & River Trust

  24 Jul 2017 [2017] EWHC 1874 (Ch); [2018] 1 WLR 249; [2017] WLR (D) 510, Ch D (Asplin J)

  STATUTORY POWER — Construction — Statutory navigational authority

  RIVER — Statutory navigational authority — Extent of powers
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  STATUTORY POWER — Construction — Statutory navigational authority — Claimant mooring pleasure boat on waterway without licence — Authority removing boat and agreeing to release upon payment of removal and storage charges and licence fee arrears — Whether boat moored on “main navigable channel” and therefore requiring licence — Whether removal of boat breach of claimant’s right to peaceful enjoyment of his possessions — Whether removal of vessel and its release upon payment of fees constituting levying of unlawful distress — Statute of Marlborough 1267 (52 Hen 3), ss 1, 4 — British Waterways Act 1971 (c 18), ss 4, 5 — British Waterways Act 1983 (c 2), s 8 — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1

  RIVER — Statutory navigational authority — Extent of powers — Claimant mooring pleasure boat on river — No pleasure boat certificate in force in respect of boat — Authority removing boat and agreeing to release on payment of removal and storage charges and licence fee arrears — Whether boat moored on “main navigable channel” so as to require certificate — Whether unlawfully moored — Whether removal of boat breach of claimant’s Convention right to peaceful enjoyment of his possessions — Whether removal of boat and its release on payment of fees constituting levying of unlawful distress — British Waterways Act 1971 (c xviii), ss 4, 5 — British Waterways Act 1983 (c ii), s 8 — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1

  1 Case considered

  1 Words & Phrases considered

  3 Statutes considered
• R (Westminster City Council) v Crown Court at Southwark (R (Owadally) v Westminster Magistrates’ Court)

  17 May 2017 [2017] EWHC 1092 (Admin); [2017] 1 WLR 4350; [2017] 2 Cr App R 18; [2017] WLR (D) 349, DC (Gross LJ, Ouseley J)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  CROWN COURT — Jurisdiction — Validity of committal

  JUSTICES — Magistrates’ court — Plea
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  CROWN COURT — Jurisdiction — Validity of committal — Counsel giving indications of guilty pleas on behalf of defendants in magistrates’ court — Crown Court ruling that indications and subsequent committal to Crown Court invalid — Whether Crown Court having jurisdiction so to rule — Whether ruling to be quashed as having been made without jurisdiction

  JUSTICES — Magistrates’ court — Plea — Indication of plea — Counsel giving indications of guilty pleas on behalf of defendants — Whether requirement for indications of plea to be given by defendants personally — Whether indications and subsequent committal to Crown Court invalid — Magistrates’ Courts Act 1980 (c 43) (as amended by Criminal Procedure and Investigations Act 1996 (c 25), s 49(2), Criminal Justice Act 2003 (c 44), s 41, Sch 3, para 2(1)(2) and Criminal Justice and Immigration Act 2008 (c 4), s 53, Sch 13, para 2), ss 9(1), 17A

  3 Case(s) considered

  1 Statute considered

• McCann v State Hospitals Board for Scotland

  [2014] CSIH 71; 2015 SLR 905, Ct of Sess

  11 Apr 2017 [2017] UKSC 31; [2017] 1 WLR 1455; [2017] 4 All ER 449; [2017] WLR (D) 268; Case details; 2017 SC (UKSC) 121, SC

  Subsequent citations: 3.
  HUMAN RIGHTS — Respect for private life — Smoking ban

  MENTAL DISORDER — Scotland — Mental disorder

  ADMINISTRATIVE LAW — Judicial review — Ultra vires

  MENTAL HEALTH — Care and treatment — Discharge of functions
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  HUMAN RIGHTS — Respect for private life — Smoking ban — Scottish state hospital introducing comprehensive ban on smoking — Ban extending to hospital grounds and home visits — Supporting measures prohibiting possession of tobacco products in hospital grounds and establishing procedures for searching patients and visitors for and confiscating such products — Detained patient seeking judicial review of extent of ban and supporting measures — Whether complying with statutory requirements — Whether breaching Convention rights to respect for private life and non-discrimination — National Health Service (Scotland) Act 1978 (c 29), s 102(4) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss 1, 286 — Mental Health (Safety and Security) (Scotland) Regulations 2005 (SSI 2005/464), regs 2, 4, 5

  MENTAL DISORDER — Scotland — Mental disorder — Detained patient — Scottish state hospital introducing comprehensive ban on smoking — Ban extending to hospital grounds and home visits — Supporting measures prohibiting possession of tobacco products in hospital grounds and establishing procedures for searching patients and visitors for and confiscating such products — Detained patient seeking judicial review of extent of ban and supporting measures — Whether complying with statutory requirements — National Health Service (Scotland) Act 1978, s 102(4) — Mental Health (Care and Treatment) (Scotland) Act 2003, ss 1, 286 — Mental Health (Safety and Security) (Scotland) Regulations 2005, regs 2, 4, 5

  ADMINISTRATIVE LAW — Judicial review — Ultra vires — State hospital

  MENTAL HEALTH — Care and treatment — Discharge of functions — State hospital

  1 Case considered

  3 Statutes considered

  1 Statutory Instrument considered

• R (A) v Central Criminal Court (R (C) v Central Criminal Court)

  26 Jan 2017 [2017] EWHC 70 (Admin); [2017] 1 WLR 3567; [2017] WLR (D) 339, DC (Gross LJ, Ouseley J)

  Subsequent citations: 5.
  POLICE — Search, right of — Search warrant

  POLICE — Mobile phone seized under search warrants — Whether properly subject of search warrant even though it might contain legally privileged or excluded material
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  POLICE — Search, right of — Search warrant — Police obtaining search warrants authorising search of claimants’ premises to seize and retain “special procedure material” consisting of mobile phones and SIM cards - Whether search warrants unlawful for lack of reasonable grounds for believing that legally privileged material or “excluded material” would not be found in property to be seized - Proper application of search warrant legislation to mobile phones - Police and Criminal Evidence Act 1984 (c 60) (as amended by Criminal Justice and Police Act 2001 (c 16), s 86(1), Courts Act 2003 (c 39), ss 65, 110, Sch 4, paras 5, 6(1) and Serious Organised Crime and Police Act 2005 (c 15), ss 113(13)(a)(b), 178), ss 9, 14(2), 15(6), 16(5), Sch 1, para 12 - Criminal Justice and Police Act 2001 (c 16), s 50

  POLICE — Search, right of — Search warrant — Police obtaining search warrants authorising search of claimants’ premises to seize and retain “special procedure material” consisting of mobile phones and SIM cards — Whether search warrants unlawful for lack of reasonable grounds for believing that legally privileged or excluded material would not be found in property to be seized — Proper application of search warrant legislation to mobile phones — Police and Criminal Evidence Act 1984 (c 60) (as amended by Serious Organised Crime and Police Act 2005 (c 5), s 113(3)(a)(b)), ss 9(1), 14(2), 15(6)(b), 16(5)(b), Sch 1, para 12 — Criminal Justice and Police Act 2001 (c 16), s 50

  POLICE — Mobile phone seized under search warrants — Whether properly subject of search warrant even though it might contain legally privileged or excluded material

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Harrison v University Hospitals Coventry & Warwickshire NHS Trust

  21 Jun 2017 [2017] EWCA Civ 792; [2017] 1 WLR 4456; [2017] WLR (D) 420, CA (Sir Terence Etherton, Lady Justice Black, Lord Justice Davis)

  Subsequent citations: 20.
  COSTS — Costs management — Approval of costs budget
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  COSTS — Costs management — Approval of costs budget — Costs management order in medical negligence claim — Detailed assessment by costs judge after settlement of claim — Whether requirement of good reason to depart from approved budget — Whether same requirement for costs incurred pre-budget — CPRr 3.18, Practice Direction 3E, para 7.4

  COSTS — Costs management — Approval of costs budget — Costs management order in medical negligence claim — Detailed assessment by costs judge after settlement of claim — Whether departure from approved costs budget permissible only for “good reason” — Whether same requirement for costs incurred pre-budget — When case “commenced” for purposes of transitional provisions relating to proportionality — CPR r 3.18, Practice Direction 3E, para 7.4, r 44.3(7)(a)

  3 Case(s) considered

  2 Words & Phrases considered

  1 Statutory Instrument considered
• Proceedings brought by Jafari (Proceedings brought by Khadija Jafari and Zainab Jafari)

  26 Jul 2017 (Bundesamt für Fremdenwesen und Asyl intervening) (Case C-646/16); EU:C:2017:586; [2018] 1 WLR 773; [2017] WLR (D) 524, ECJ (President K Lenaerts, Vice-President A Tizzano, Presidents of Chambers R Silva de Lapuerta, L Bay Larsen, JL da Cruz Vilaça, M Berger, A Prechal, Judges A Rosas, A Arabadjiev, C Toader, M Safjan, D Šváby, E Jarašiūnas, CG Fernlund, S Rodin Advocate General E Sharpston)

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  EUROPEAN UNION — Immigration — Asylum

  EUROPEAN UNION — Reference for a preliminary ruling — Regulation (EU) No 604/2013
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  Case index catchwords

  EUROPEAN UNION — Immigration — Asylum — Determination of member state responsible for examining third-country national’s application for international protection — Arrival of exceptionally large number of third-country national applicants — Organisation by member state’s authorities of border crossing for purpose of transit to another member state — Entry authorised by way of derogation for humanitarian reasons — Whether fact that authorities of a member state tolerating entry into its territory of third-country nationals not fulfilling entry conditions tantamount to issuing of “visa” — Whether third-country nationals “irregularly crossed” border — Parliament and Council Regulation (EU) No 604/2013, arts 2(m), 12, 13(1)

  EUROPEAN UNION — Immigration — Asylum — Member state tolerating entry into its territory of large number of third-country nationals seeking international protection — Nationals not fulfilling entry conditions generally imposed in that member state — Whether tolerance of nationals’ entry amounting to granting of “visa” — Whether nationals “irregularly crossing” border into member state — Whether member state responsible for examining nationals’ applications for international protection — Parliament and Council Regulation (EU) No 604/2013, arts 2(m), 12, 13(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Arrival of an unusually large number of third-country nationals seeking international protection — Organisation of border crossing by the authorities of one Member State for the purpose of transit to another Member State — Entry authorised by way of derogation on humanitarian grounds — Article 2(m) — Definition of a ‘visa’ — Article 12 — Issuing of a visa — Article 13 — Irregular crossing of an external border

  2 Words & Phrases considered

  1 EU Enactment considered