Results: 6313

• R v AYP

  23 May 2024 [2024] EWCA Crim 952; [2024] 4 WLR 39; [2024] 2 Cr App R 23; [2024] WLR(D) 401, CA (Holroyde LJ, May, Bourne JJ)

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction
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  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Judge in Crown Court ordering indictment to lie on file with consequence that proceedings coming to end — Prosecution seeking to appeal against ruling — Whether ruling capable of appeal by prosecution — Whether prosecution complying with time limits for notifying Crown Court of intention to appeal — Whether ruling by judge wrong in law — Criminal Justice Act 2003 (c 44), ss 58, 74 — Crim PR r 38.2

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• MacLennan v British Psychological Society

  21 Oct 2024 [2024] EAT 166; [2025] ICR 977; [2025] IRLR 4; [2024] WLR(D) 467, EAT (Judge James Tayler)

  Subsequent citations: 1.
  EMPLOYMENT — Contract — Worker

  EMPLOYMENT — Protected disclosure — Worker
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  EMPLOYMENT — Contract — Worker — Charity trustee elected as President-elect — Relations with senior management deteriorating resulting in grievance against claimant — Role as trustee and President-elect terminated — Whether claimant in analogous situation to employee or some “other status” — Whether “worker” — Employment Rights Act 1996 (c 18), ss 47B, 230 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 14

  EMPLOYMENT — Protected disclosure — Worker — Claimant appointed President-elect of charity with view to becoming President year later — Protected disclosures made prior to and after confirmation of appointment — Role as President-elect subsequently terminated — Whether claimant having entered into contract with charity — Whether claimant required to be treated as worker by application of Convention rights — Whether whistleblowing protection available when disclosure made prior to complainant becoming worker for employer — Employment Rights Act 1996 (c 18), ss 47B, 230(3) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 14

  9 Case(s) considered

  2 Statutes considered

• Caldwell v Secretary of State for Levelling Up, Housing and Communities

  07 Aug 2023 [2023] EWHC 2053 (Admin); [2023] PTSR 2075; [2024] 2 All ER 172; [2023] WLR(D) 351, KBD (Lieven J)

  02 May 2024 [2024] EWCA Civ 467; [2024] PTSR 1761; [2025] 1 All ER 749; [2024] WLR(D) 205, CA (Sir Keith Lindblom SPT, Coulson, Andrews LJJ)

  Subsequent citations: 2.
  PLANNING — Enforcement notice — Appeal
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  PLANNING — Enforcement notice — Appeal — Construction of dwelling on land having permission for agricultural use only — Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use — Whether requirement to remove building unlawful — Limits or parameters of statutory power requiring restoration of land to condition prior to breach — Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)

  PLANNING — Enforcement notice — Appeal — Construction of residential dwelling on land having permission for agricultural use only — Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use — Whether requirement to remove building unlawful — Limits or parameters of statutory power requiring restoration of land to condition prior to breach — Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)

  10 Case(s) considered

  1 Statute 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

• 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 (Aquilina) v Secretary of State for Education

  01 Aug 2024 [2024] EWHC 1998 (Admin); [2025] ICR 211; [2024] WLR(D) 370, KBD (Cotter J)

  EDUCATION — Teacher — Disciplinary committee

  EDUCATION — Teacher — Disciplinary action
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  EDUCATION — Teacher — Disciplinary committee — Claimant head teacher sharing confidential information about pupils with husband holding pastoral support role but not employed by school — Professional conduct panel finding claimant’s actions not unacceptable professional conduct but conduct that might bring profession into disrepute — Panel making no recommendation for prohibition order in addition to usual publication of decision — Whether misconstruing legislation — Whether two limbs of statute mutually exclusive — Whether requirement for conduct under either limb to be “serious” — Whether non-statutory guidance erroneous — Whether panel’s decision lawful — Education Act 2002 (c 32), s 141B(1)(a)(2)

  EDUCATION — Teacher — Disciplinary action — Claimant head teacher wrongly sharing confidential information about pupils — Professional conduct panel finding claimant’s actions not unacceptable professional conduct but conduct that might bring profession into disrepute — Whether two limbs of statutory provision mutually exclusive — Whether professional conduct falling to be considered within second limb — Whether second limb requiring conduct to be serious — Education Act 2002 (c 32), s 141B(1)(a), (2) — Teachers’ Disciplinary (England) Regulations 2012 (SI 2012/560), reg 7(5)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument 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

• Santander Consumer (UK) plc v Chaudhry

  31 Jan 2024 [2024] EWHC 170 (KB); [2024] Bus LR 1094; [2024] RTR 33; [2024] WLR(D) 48, KBD (Freedman J)

  CONSUMER PROTECTION — Contract — Credit
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  CONSUMER PROTECTION — Contract — Credit — Repossession of goods — Police lawfully seizing and impounding vehicle leased to debtor under conditional sale agreement — Police releasing vehicle to creditor — Creditor alleging debtor had breached agreement and refusing to return vehicle to her — Whether creditor’s recovery of possession “from the debtor” and therefore in breach of requirement to obtain court order — Consumer Credit Act 1974 (c 39), s 90

  2 Case(s) considered

  1 Statute considered
• R (Substation Action Save East Suffolk Ltd) v Secretary of State for Business, Energy and Industrial Strategy (R (Substation Action Save East Suffolk Ltd) v Secretary of State for Energy Security and Net Zero)

  13 Dec 2022 [2022] EWHC 3177 (Admin); [2023] PTSR 975; [2022] WLR(D) 505, KBD (Lang J)

  17 Jan 2024 [2024] EWCA Civ 12; [2024] PTSR 561; [2024] WLR(D) 22, CA (Coulson, Lewis, William Davis LJJ)

  31 May 2024 Permission to appeal to Supreme Court refused, , SC(E)

  Subsequent considerations : 1 positive; most recently considered: 2024. Subsequent citations: 10.
  PLANNING — Development — National policy statement
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  PLANNING — Development — National policy statement — Development consent granted for wind turbine projects comprising offshore and onshore development — Whether development consent orders unlawful — Whether flood risk from surface water properly taken into account — Whether insufficient weight given to harm to heritage assets — Whether sufficient consideration of alternative sites — Planning Act 2008 (c 29), ss 104, 114 — Infrastructure Planning (Decision) Regulations 2010 (SI 2010/305), reg 3 — National Planning Policy Framework (2021), paras 161, 162 — Overarching National Policy Statement for Energy EN-1, Pts 4.4, 5.7

  PLANNING — Development — National policy statement — Development consent orders granted for wind farms comprising offshore and onshore development — Whether flood risk from surface water properly taken into account — Whether sequential test for flood risk properly applied — Whether consent orders lawful — Planning Act 2008 (c 29), ss 104, 114 — National Planning Policy Framework (2021), para 162 — Overarching National Policy Statement for Energy EN-1, paras 5.7.3, 5.7.4, 5.7.9, 5.7.13

  5 Case(s) considered

  1 Statute considered

  3 Statutory Instruments considered

• SportsDirect.com Retail Ltd v Newcastle United Football Co Ltd

  12 Apr 2024 [2024] CAT 24, CAT

  17 May 2024 [2024] EWCA Civ 532; [2024] 1 WLR 4324; [2025] 2 All ER 265; [2024] WLR(D) 227, CA (Sir Geoffrey Vos MR, Sir Julian Flaux C, Andrews LJ)

  Subsequent citations: 6.
  INJUNCTION — Interim — Jurisdiction to grant
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  INJUNCTION — Interim — Jurisdiction to grant — Claimant applying for interim injunction — Whether serious case to be tried — Whether court to accept claimant’s pleaded case when determining whether serious case to be tried

  3 Case(s) considered