Results: 4285

• Criminal proceedings against ML (Generalstaatsanwaltschaft Bremen intervening)

  25 Jul 2018 (Case C-220/18PPU); EU:C:2018:589; EU:C:2018:547; [2019] 1 WLR 1052; [2018] WLR(D) 517, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan Advocate General M Campos Sánchez-Bordona)

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2023. Subsequent citations: 30.
  EXTRADITION — European arrest warrant — Grounds for non-execution
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  Case index catchwords

  EXTRADITION — European arrest warrant — Grounds for non-execution — Requested person arrested pursuant to European arrest warrant issued for purpose of serving custodial sentence — Executing judicial authority having evidence of deficiencies in detention conditions in requesting member state — New legal remedy enabling prisoners in requesting member state to challenge detention conditions — Whether executing judicial authority able to rule out real risk that requested person would be subjected to inhuman and degrading treatment — Whether executing authority required to assess detention conditions in all prisons in which requested person could potentially be detained — Charter of Fundamental Rights of the European Union, art 4 — Council Framework Decision 2002/584/JHA (as amended by Council Framework Decision 2009/299/JHA, art 2(2)), arts 1(3), 5, 6(1)

  2 Case(s) considered

  2 EU Enactments 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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  Case index catchwords

  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
• FSHC Group Holdings Ltd v GLAS Trust Corpn Ltd (FSHC Group Holdings Ltd v Barclays Bank plc)

  22 Jun 2018 [2018] EWHC 1558 (Ch), Ch D (Henry Carr J)

  31 Jul 2019 [2019] EWCA Civ 1361; [2020] Ch 365; [2020] 2 WLR 429; [2020] 1 All ER 505; [2020] 1 All ER (Comm) 719; [2019] WLR (D) 474, CA (Flaux, Leggatt, Rose LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 65.
  CONTRACT — Mistake — Common mistake
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  Case index catchwords

  CONTRACT — Mistake — Common mistake — Rectification — Claimant and defendant executing deeds for purpose of providing previously agreed security — Deeds also obliging claimant to undertake additional onerous obligations — Claimant seeking rectification of deeds on ground of common mistake — Whether intention of parties to be determined applying subjective or objective test

  CONTRACT — Mistake — Common mistake

  6 Case(s) considered

• Heeds v Chief Constable of Cleveland Police (Tascor Services Ltd, Part 20 defendant)

  18 Apr 2018 [2018] EWHC 810 (QB); [2019] ICR 513; [2018] WLR(D) 226, QBD (Jeremy Baker J)

  HEALTH AND SAFETY — Employer’s duty — Workplace
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  Case index catchwords

  HEALTH AND SAFETY — Employer’s duty — Workplace — Claimant police officer sustaining personal injury when trapping thumb in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Whether liability established — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), reg 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  HEALTH AND SAFETY — Employer’s duty — Workplace — Police officer sustaining injury to thumb by trapping it in door to custody suite at police station — Claim for damages for personal injury — Whether liability governed by Regulations concerning safety of workplace or those concerning work equipment — Correct test of liability — Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), regs 5(1), 18(1) — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 4(1)

  4 Case(s) considered

  2 Statutory Instruments considered

• A v Migrationsverket

  25 Jul 2018 (Case C-404/17); EU:C:2018:588; [2018] 1 WLR 4668; [2018] WLR(D) 474, ECJ (President of Chamber R Silva de Lapuerta, Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan, Advocate General M Wathelet)

  Subsequent citations: 1.
  EUROPEAN UNION — Immigration — Asylum

  EUROPEAN UNION — Reference for a preliminary ruling — Asylum policy
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  Case index catchwords

  EUROPEAN UNION — Immigration — Asylum — Safe country of origin — Application for asylum in member state — Application rejected as manifestly unfounded on ground that applicant’s country of origin able to offer effective protection according to information provided by applicant himself — No legislative or regulatory provisions adopted by member state to designate safe countries of origin in accordance with procedure laid down by European Union law — Whether provisions of European Union law in such circumstances permitting member state to reject application as manifestly unfounded for insufficiency of applicant’s representations — Parliament and Council Directive 2013/32/EU, arts 31(8)(b), 32(2), 36, 37

  EUROPEAN UNION — Immigration — Asylum — Safe country of origin — Application for asylum in member state — No legislative or regulatory provisions adopted by member state to designate safe countries of origin in accordance with procedure laid down by European Union law — Whether provisions of European Union law in such circumstances permitting member state to reject application as manifestly unfounded for insufficiency of applicant’s representations — Parliament and Council Directive 2013/32/EU, arts 31(8)(b), 32(2), 36, 37

  EUROPEAN UNION — Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 31(8) and Article 32(2) — Manifestly unfounded application for international protection — Concept of safe country of origin — No national rules concerning that concept — Applicant’s representations considered to be reliable but insufficient having regard to the satisfactory protection offered by the applicant’s country of origin

  1 EU Enactment considered

• Cheerupmate2 Ltd v Calce

  15 Sep 2017 [2017] UKUT 377 (TCC), UT (TCC) (Judge Elizabeth Cooke)

  12 Oct 2018 [2018] EWCA Civ 2230; [2019] 1 WLR 1813; [2018] WLR(D) 522, CA (Lewison, Peter Jackson, Newey LJJ)

  Subsequent citations: 1.
  LANDLORD AND TENANT — Forfeiture of lease — Re-entry
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  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Long lease containing forfeiture clause — Landlord serving notice for payment of rent and later purporting to re-enter — Whether notice valid — When rent due — When time begins running — Commonhold and Leasehold Reform Act 2002 (c 15), s 166(4)

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Long lease containing forfeiture clause permitting re-entry if rent in arrears for two years after it had become due — Landlord serving notice for payment of rent in respect of previous five years on specified date — Landlord purporting to re-enter for non-paynent day after specified date — Whether notice valid — When rent due — When time beginning to run — Whether right of re-entry arising only after laspe of two years from specified date — Whether landlord validly re-entering property — Commonhold and Leasehold Reform Act 2002 (c 15), s 166 — Landlord and Tenant (Notice of Rent) (England) Regulations 2004 (SI 2004/3096), reg 2(2), Sch 1, para 1

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Charman v Revenue and Customs Comrs

  20 Dec 2018 [2018] UKFTT 765 (TC), FTT (Judge Rachel Short and Shameem Akhtar)

  27 Aug 2020 [2020] UKUT 253 (TCC); [2020] STC 1907, UT (TCC) (Falk J and Judge Thomas Scott)

  03 Dec 2021 [2021] EWCA Civ 1804; [2022] 1 WLR 2277; [2022] STC 157; [2021] WLR(D) 613, CA (Green, Arnold, Snowden LJJ)

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  REVENUE — Income tax — Earnings

  REVENUE — Income tax — Employment
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  Case index catchwords

  REVENUE — Income tax — Earnings — Employment-related restricted securities — Employer granting taxpayer share options vesting in three tranches over separate years — Shares restricted under terms including continued employment — Shares exchanged for those in related company — Whether right to acquire securities arising on date of grant of options or when each tranche vested — Whether interest in shares in related company acquired “as a director or employee” — Income Tax (Earnings and Pensions) Act 2003, ss 420(8), 423, 474, 476

  REVENUE — Income tax — Employment — Earnings — Employer granting taxpayer options to purchase shares in company — Options vesting in three tranches — Taxpayer resident in United Kingdom when first two tranches vesting but not third — Whether taxpayer liable to tax in respect of third tranche — Whether taxpayer resident in United Kingdom when third tranche of options acquired — Whether “acquisition” of options occurring when options granted or when options vesting — Income Tax (Earnings and Pensions) Act 2003 (c 1), ss 420(8), 474(1), 476

  9 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re Barclays Bank plc

  29 Oct 2018 [2018] EWHC 2868 (Ch); [2020] Bus LR 497; [2019] 2 All ER (Comm) 356; [2019] 1 BCLC 330; [2019] WLR(D) 535, Ch D (Zacaroli J)

  Subsequent citations: 5.
  FINANCIAL SERVICES — Business transfer — Sanction
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  Case index catchwords

  FINANCIAL SERVICES — Business transfer — Sanction — First and second interconnected banks seeking to transfer part of banking businesses — Court only having jurisdiction to sanction bank transfer scheme if transferor deposit-taking institution — Second bank not having authorisation to accept deposits — Whether court having jurisdiction to order transfer of second bank’s business as matter incidental, consequential and supplementary to first bank’s scheme and necessary to secure scheme fully carried out — Financial Services and Markets Act 2000 (c 8), s 112(1)(d)

  1 Case considered

  1 Statute considered

• WG v HG

  30 Jul 2018 [2018] EWFC 84; [2019] 4 WLR 16; [2019] WLR(D) 45, Fam Ct (Francis J)

  Subsequent citations: 3.
  MARRIAGE — Divorce — Financial provision
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  Case index catchwords

  MARRIAGE — Divorce — Financial provision — Costs liability — Wife seeking financial remedy award from husband’s pre-existing wealth in “needs” based case with no marital acquest to include provision for housing, capitalised maintenance and to cover substantial costs liability — Whether award to meet wife’s significant costs in full — Whether wife’s costs to be met out of capitalised maintenance award — Whether timing of accident near end of marriage resulting in additional need relevant

  MARRIAGE — Divorce — Financial provision — Wife seeking financial remedy award from husband’s pre-existing wealth in “needs” based case with no marital acquest to include provision for housing, capitalised maintenance and to cover substantial costs liability — Whether award to meet wife’s significant costs in full — Whether wife’s costs to be met out of capitalised maintenance award — Whether timing of accident near end of marriage resulting in additional need relevant

  1 Case considered

• European Union Intellectual Property Office (EUIPO) v John Mills Ltd (Jerome Alexander Consulting Corpn intervening)

  15 Oct 2018 (Case T‑7/17); EU:T:2018:679, EGC

  11 Nov 2020 (Case C-809/18P); (Case C-809/18 P); EU:C:2020:902; [2021] Bus LR 123; [2020] WLR(D) 609, ECJ ( President of Chamber E Regan, Judges M Ilešič, E Juhász, C Lycourgos, I Jarukaitis, Advocate General G Pitruzzella)

  Subsequent citations: 8.
  TRADE MARK — European Union trade mark — Opposition

  EUROPEAN UNION — Appeal — EU trade mark
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  Case index catchwords

  TRADE MARK — European Union trade mark — Opposition — Applicant distributor of cosmetic company’s goods applying for registration in its own name for registration of mark similar to mark previously registered by cosmetic company — Provision preventing registration of mark applied for by trade mark proprietor’s agent or representative without proprietor’s consent — Board of Appeal of EUIPO applying provision and rejecting distributor’s application — Whether distributor “agent” or “representative” of cosmetic company — Whether provision applying if goods covered by application similar but not identical to those covered by proprietor’s mark — Whether applying if proprietor’s mark and mark applied for only similar — Whether Board of Appeal’s decision to be annulled — Council Regulation (EC) No 207/2009, art 8(3)

  EUROPEAN UNION — Appeal — EU trade mark — Regulation EC No 207/2009 — Opposition proceedings — Relative ground for refusal — Article 83 — Scope — Identity or similarity of the mark applied for to the earlier mark — EU word mark MINERAL MAGIC — Application for registration by the agent or representative of the proprietor of the earlier mark — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER

  2 Case(s) considered

  1 EU Enactment considered