ICLR Case Reports and Summaries - last 10 days ICLR Case Reports and Summaries ingested within the last 10 days. https://www.iclr.co.uk/documents/latest/days/10/rss Fri, 29 Mar 2024 01:09:14 GMT Fri, 29 Mar 2024 01:09:14 GMT 60 Mark McLaren Class Representative Ltd v Nippon Yusen Kabushiki Kaisha — [2024] Bus LR 490 PRACTICE — Competition Appeal Tribunal — Case management — Collective proceedings order authorising class representative to continue collective proceedings on opt-out basis — Defendants’ solicitors writing to class members to warn of consequences of opt-out proceedings — Whether necessary implication of Rules that defendants prohibited from directly communicating with class members — Competition Appeal Tribunal Rules 2015 (SI 2015/1648) https://www.iclr.co.uk/document/2022021485/casereport_aee81249-3908-4cee-b2fb-b03cb320508a/html [2024] Bus LR 490 Thu, 28 Mar 2024 22:57:21 GMT Civil litigation Al-Aggad v Al-Aggad — [2024] WLR(D) 141 CONFLICT OF LAWS — Jurisdiction — Appropriate forum — Defendants challenging High Court’s jurisdiction on forum non conveniens grounds — Claimant contending circumstances preventing her in practice from accessing foreign forum or obtaining substantial justice in forum — Standard of proof applicable to allegation that forum not practically accessible — Extent to which court to scrutinise allegation claimant unable to obtain substantial justice in forum — Whether in service out cases court entitled to consider developments occurring after date when permission to serve out granted — CPR r 61(1) https://www.iclr.co.uk/document/2024001897/casereport_f7fc61ff-00dd-408e-bf21-e01332102419/html [2024] WLR(D) 141 Thu, 28 Mar 2024 23:04:04 GMT Civil litigation Kapoor v Johal — [2024] WLR(D) 140 COSTS — Order for costs — Discretion of court — Appeal against striking out of claim in County Court — Brother of deceased claimant subsequently representing her estate — Two successive orders made by court with effect that appeal struck out in absence of timely application by representative to continue appeal — Orders silent as to costs but judge subsequently awarding defendant’s costs of appeal against claimant’s estate — Whether judge erring in law — Whether having power to award costs where prior orders silent on that matter — CPR r 44.10 https://www.iclr.co.uk/document/2024001846/casereport_db3dd17b-06e0-45f4-a441-517ee564052e/html [2024] WLR(D) 140 Wed, 27 Mar 2024 00:41:40 GMT Civil litigation Gutmann v Apple Inc — [2024] WLR(D) 129 COMPETITION — Competition Appeal Tribunal — Collective proceedings order — Funding agreement contemplating payment to funder from award of damages — Whether class representative entitled to enter into agreement — Tribunal having power to order funder’s fee to be paid from damages — Competition Act 1998 (c 41), s 47C — Competition Appeal Tribunal Rules 2015 (SI 2015/1648), r 78 https://www.iclr.co.uk/document/2024001605/casereport_2024001605_86e45d6d-9915-4d4d-92f9-0318fec92d5e/html [2024] WLR(D) 129 Wed, 20 Mar 2024 18:41:33 GMT Civil litigation Denaxe Ltd v Cooper — [2024] Ch 65 EXECUTION — Equitable execution — Receiver — Receivers obtaining court’s approval for sale of assets — Whether receivers consequently immune to negligence claim in respect of sale — Whether such immunity amounting to issue estoppel — Whether such claim abuse of process https://www.iclr.co.uk/document/2022001674/casereport_cf722b25-14a9-4797-b17a-fd72e63f149d/html [2024] Ch 65 Tue, 19 Mar 2024 17:41:41 GMT Civil litigation Quadra Commodities SA v XL Insurance Company SE — [2024] Bus LR 435 INSURANCE — Insurable interest — Unascertained goods — Claimant entering into contract to purchase cargoes of grain in specified warehouses and paying percentage of purchase price against presentation of warehouse receipts — Seller co-mingling grain — Seller fraudulently pledging same grain to multiple buyers — Claimant seeking to recover loss caused by fraud under misappropriation clause in insurance policy — Whether goods corresponding in quantity and description to cargoes physically present at time warehouse receipts issued — Whether claimant having insurable interest — Correct test to be applied https://www.iclr.co.uk/document/2022001097/casereport_dc63c554-c4d2-4603-bef7-5226403b382c/html [2024] Bus LR 435 Thu, 28 Mar 2024 22:57:28 GMT Commercial Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (trading as 3CL) — [2024] Bus LR 475 BUILDING — Contract — Adjudication — Rule prohibiting payer commencing true value adjudication prior to payment of notified sum — Extent of rule — Whether limited to adjudication in same payment cycle as notified sum — Housing Grants, Construction and Regeneration Act 1996 (c 53), s 111 https://www.iclr.co.uk/document/2023006816/casereport_5e99b649-9e8d-43fa-948a-dd23858cafcc/html [2024] Bus LR 475 Thu, 28 Mar 2024 22:57:25 GMT Commercial NM v Club La Costa (UK) plc — [2024] 1 WLR 1571 CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Contract — Consumer concluding timeshare contract with company via company’s Spanish branch — General terms and conditions of contract containing exclusive jurisdiction clause in favour of English courts and English choice of law clause — Consumer bringing proceedings in Spain against company and other parties within same group — Whether Spanish court having jurisdiction — Whether other companies constituting “other parties to a contract” if not parties to contract — Whether determination of place of domicile of other party limiting consumer’s choice of jurisdiction — Whether choice-of-law clause valid — Determination of applicable law in absence of valid choice of law — Parliament and Council Regulation (EC) No 593/2008, arts 3, 4, 6 — Parliament and Council Regulation (EU) No 1215/2012, arts 18(1), 63 https://www.iclr.co.uk/document/2023005517/casereport_4a8fe59f-8f14-4fc7-afdb-346219c3d89b/html [2024] 1 WLR 1571 Wed, 27 Mar 2024 00:41:37 GMT Commercial R (NoteMachine UK Ltd) v Payment Systems Regulator — [2024] 1 WLR 1591 FINANCIAL SERVICES — Payment Systems Regulator — Powers — Owner of ATMs applying to regulator for variation of agreement relating to payment system used by ATMs — Whether regulator precluded from exercising statutory power to vary agreement — Whether power exercised for purposes of enabling access to or participation in payment system — Whether regulations applying instead — Financial Services (Banking Reform) Act 2013 (c 33), ss 57, 62, 108 — Payment Services Regulations 2017 (SI 2017/752), reg 103 https://www.iclr.co.uk/document/2023006250/casereport_27dcd2d1-ca13-4325-84b0-8e6667b2290d/html [2024] 1 WLR 1591 Wed, 27 Mar 2024 00:41:41 GMT Commercial Bayerische Motoren Werke AG v Competition and Markets Authority — [2024] WLR(D) 133 COMPETITION — Investigatory powers — Documents and information — Competition and Markets Authority serving notices pursuant to power to require “any undertaking” to produce documents and information relevant to cartel investigation — Entities comprising undertaking served including those registered and based abroad — Whether power to require production of documents and information having extraterritorial effect — Whether power limited to natural or legal person with proper connection to United Kingdom — Whether entity only required to produce documents and information in its possession or under its legal control — Competition Act 1998 (c 41), ss 2, 25, 26, 59 https://www.iclr.co.uk/document/2023001866/casereport_6947ac88-64ad-42c6-9cb9-73523d093ca0/html [2024] WLR(D) 133 Thu, 21 Mar 2024 20:30:30 GMT Commercial Kumar v LSC Finance Ltd — [2024] WLR(D) 131 FINANCIAL SERVICES — Regulated activities — Loan agreements — Borrowers entering into loan agreement with unregulated lender for purchase and development of real property — Borrowers’ obligations secured by mortgages on land — Whether loan agreements amounting to regulated mortgage contracts — Financial Services and Markets Act 2000 ( c 8), s 26 — Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), art 61 https://www.iclr.co.uk/document/2023004324/casereport_57afa52c-f424-4abf-bdb9-09919c884176/html [2024] WLR(D) 131 Wed, 20 Mar 2024 18:41:34 GMT Commercial Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd — [2024] 2 WLR 833 CONTRACT — Construction — Non-assignment clause — Sale contract prohibiting assignment of any part of it “by any party” without other party’s consent — Buyer’s right of recovery under sale contract subsequently assigned to insurer by operation of Japanese law — Whether prohibition on assignment applying to assignment by operation of law https://www.iclr.co.uk/document/2022021666/casereport_154c3ea4-b3e9-43e4-b01e-753098fcc8ff/html [2024] 2 WLR 833 Wed, 20 Mar 2024 18:41:30 GMT Commercial BAT Industries plc v Sequana SA — [2024] AC 211 COMPANY — Director — Breach of duty — Company becoming insolvent after payment of substantial dividend — Company bringing claim against directors for breach of averred duty to act in interests of company’s creditors — Whether duty existing — Point at which duty engaged — Content of duty — Whether duty conflicting with shareholder ratification principle and statutory provisions relating to unlawful trading and preferences — Whether applying to payment of lawful dividend — Companies Act 2006 (c 46), s 172(3) https://www.iclr.co.uk/document/2016004970/casereport_b6a09c1d-130a-492c-b847-334c43b8af2e/html [2024] AC 211 Tue, 19 Mar 2024 17:41:33 GMT Trusts and Chancery Philipp v Barclays Bank UK plc — [2024] AC 346 BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing customer to instruct bank to make transfer from account — Whether bank under duty not to execute customer’s instruction if on inquiry that execution could result in misappropriation of customer’s funds — Whether such duty only arising where instruction given by customer’s agent — Whether bank arguably in breach of duty owed to customer https://www.iclr.co.uk/document/2021000157/casereport_61e2ed62-8c27-4b1d-b9ac-7e847489939a/html [2024] AC 346 Tue, 19 Mar 2024 17:41:30 GMT Commercial Shepherd & Co Solicitors v Brealey — [2024] WLR(D) 146 SOLICITORS — Costs — Assessment — Deceased appointing solicitor as executor and trustee of estate — Whether solicitor entitled to recover fees for work done in capacity as executor — Whether court’s inherent jurisdiction to permit recovery of fees where it would otherwise be inequitable should only be exercised sparingly and in exceptional circumstances — Partnership Act 1890 (c 39), s 5 — Trustee Act 2000 (c 29), ss 28, 29 https://www.iclr.co.uk/document/2022021568/casereport_734a8108-afd4-4419-bfbe-a4b07616c0a9/html [2024] WLR(D) 146 Thu, 28 Mar 2024 20:23:48 GMT Trusts and Chancery Hadley v Przybylo — [2024] WLR(D) 137 COSTS — Costs management — Costs budget — Personal injury claim — Claimant including fee earner’s attendance at rehabilitation case management meetings as future costs — Whether such costs recoverable in principle — Correct test to be applied https://www.iclr.co.uk/document/2023003997/casereport_abb5672f-279a-4031-89d3-f6cc3b72b5a1/html [2024] WLR(D) 137 Mon, 25 Mar 2024 23:41:32 GMT Costs R v Jordan (John) — [2024] 4 WLR 30 CONTEMPT OF COURT — Crown Court — Procedure — Defendant playing loud music outside court building causing interference with jury trial — Judge causing defendant to be arrested and finding defendant in contempt of court — Whether conduct serious enough interference with administration of justice to amount to contempt — Whether judge’s factual conclusions on legally essential issue of intent unsafe — Whether proceedings falling short of minimum standards of fairness — Whether judge’s decision to deal with the matter himself bringing impartiality into question — Whether finding of contempt disproportionately interfering with defendant’s exercise of rights to freedom of expression and assembly — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 11 — Crim PR Pt 48 https://www.iclr.co.uk/document/2024001618/casereport_90a4cc69-bc7d-40c2-bcf8-d771a554015c/html [2024] 4 WLR 30 Thu, 28 Mar 2024 15:57:21 GMT Crime R (Kim) v Governor of HMP Wandsworth — [2024] WLR(D) 143 CRIME — Detention on remand — Order for release — Claimant pleading guilty to offence and receiving prison sentence but court ordering his release because of time served on remand — Claimant detained in custody pending pre-release checks — Urgent communications by claimant’s solicitors seeking release of claimant ignored — Out of hours judge issuing writ of habeas corpus — Whether continued detention after original order for release unlawful https://www.iclr.co.uk/document/2024001874/casereport_91af9c8b-5b76-4dcc-b570-cddf2117fa71/html [2024] WLR(D) 143 Thu, 28 Mar 2024 01:27:21 GMT Crime R v Watson (James) — [2024] 1 WLR 1553 CRIME — Abuse of process — Destruction of evidence — Defendant tried for murder committed many years previously — Defendant applying to stay proceedings as abuse of process on ground loss of evidence from initial investigation rendering fair trial impossible — Whether proceedings abuse of process — Whether necessary to establish “exceptional circumstances” — Whether necessary to establish breach of duty in failing to retain evidence https://www.iclr.co.uk/document/2023005346/casereport_f0b71583-f368-4473-861c-92a6a4876c31/html [2024] 1 WLR 1553 Wed, 27 Mar 2024 00:41:37 GMT Crime Radu v Vaslui Court of Law, Romania — [2024] WLR(D) 139 CRIME — Court of Appeal (Criminal Division) — Practice — Renewed applications for permission to appeal on different grounds from those refused by single judge — Whether requiring an application to reopen an appeal which has already been determined — Crim PR 50.22(2),(3), 50.27 https://www.iclr.co.uk/document/2024001781/casereport_aa7798a5-ce93-423c-b43c-79cae7ae3482/html [2024] WLR(D) 139 Wed, 27 Mar 2024 00:41:40 GMT Crime R v Abbasi — [2024] WLR(D) 135 CRIME — Sentence — Fraud — Directors disqualification — Undertaking given not to act as company director — Subsequent court order for disqualification as director — Overall disqualification period longer than statutory maximums relating to undertakings and to court orders — Whether court order ultra vires — Company Directors Disqualification Act 1986 (c 46), ss 1A, 2 https://www.iclr.co.uk/document/2024001892/casereport_3f762909-3197-4bab-a868-366f9d1fc288/html [2024] WLR(D) 135 Fri, 22 Mar 2024 20:41:31 GMT Crime Ahmet v Tatum — [2024] WLR(D) 134 CRIME — Proceeds of crime — Recovery of assets — Property made subject to restraint order — Whether claim in High Court for determination of interest in property abuse of process — Whether rights in property to be determined by Crown Court — Proceeds of Crime Act 2002 (c 29), ss 10A, 41, 58(5) and 59(5) https://www.iclr.co.uk/document/2023004323/casereport_7d8f5048-1372-4129-828a-e6d04790e980/html [2024] WLR(D) 134 Thu, 21 Mar 2024 20:30:31 GMT Crime Attorney General’s Reference No 1 of 2023 — [2024] WLR(D) 130 CRIME — Criminal damage to property — Defence to charge — Lawful excuse — Damage caused by protesters — Defendant’s belief that consent to damage given or would have been given had person entitled to consent known of destruction or damage and its circumstances — Whether importance of subject matter of the protest part of circumstances — Whether evidence of defendant’s beliefs concerning importance of subject matter of the protest admissible — Criminal Damage Act 1971 (c 48), s 5(2)(a) https://www.iclr.co.uk/document/2024001776/casereport_c18f0150-77d7-479c-b69f-944fff1ea526/html [2024] WLR(D) 130 Wed, 20 Mar 2024 18:41:37 GMT Crime Merticariu v Judecatoria Arad, Romania — [2024] 1 WLR 1506 EXTRADITION — European arrest warrant — Absence from trial — Requested person convicted in absentia in requesting state — Whether requested person “entitled to a retrial” in requesting state — Whether right to apply for retrial amounting to entitlement to retrial — Extradition Act 2003 (c 41) s 20(5) — Council Framework Decision 2002/584/JHA, art 4a https://www.iclr.co.uk/document/2022003936/casereport_09410c18-3afd-4440-9a4c-377e018f26d3/html [2024] 1 WLR 1506 Wed, 20 Mar 2024 18:41:32 GMT Crime R v Cooper (Steven) (Practice Note) — [2024] 1 WLR 1433 CRIME — Sentence — Money laundering — Sentencing offender for offence of money laundering and for primary offence which produced relevant criminal property — Proper approach to totality — Proceeds of Crime Act 2002 (c 29), ss 327, 329 https://www.iclr.co.uk/document/2023004993/casereport_a9a1a4b4-6d96-4fcf-bba0-600976c8db3b/html [2024] 1 WLR 1433 Wed, 20 Mar 2024 18:41:35 GMT Crime Bertino v Public Prosecutor’s Office, Italy — [2024] 1 WLR 1483 EXTRADITION — European arrest warrant — Absence from trial — Requested person leaving requesting state while under criminal investigation — Requested person subsequently charged with criminal offence but never notified of prosecution — Requested person convicted in absentia in requesting state — Whether requested person “deliberately absented himself from his trial” — Extradition Act 2003 (c 41), s 20(3) — Council Framework Decision 2002/584/JHA, art 4a https://www.iclr.co.uk/document/2022001398/casereport_6210b5db-f699-4f02-bdde-c1de15f74255/html [2024] 1 WLR 1483 Wed, 20 Mar 2024 18:41:31 GMT Crime Ajaz v Homerton University Hospital NHS Foundation Trust — [2024] ICR 413 INDUSTRIAL RELATIONS — Employment tribunals — Estoppel — Claim of detriments on ground of protected disclosures — Settlement agreement precluding further claim in relation to “issues/complaints in the proceedings” — Claim withdrawn and dismissed — Claimant subsequently presenting claims of post-agreement detriments relying on same disclosures — Whether same or substantially same complaint — Whether issue estoppel applicable — Whether claims excluded under settlement agreement — Employment Rights Act 1996 (c 18), s 47B — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 51, 52 https://www.iclr.co.uk/document/2023006745/casereport_ff1551da-154b-42b1-a15d-2d6025ae36ad/html [2024] ICR 413 Sat, 23 Mar 2024 21:41:32 GMT Employment Brooks v Leisure Employment Services Ltd — [2024] ICR 366 EMPLOYMENT — Unfair dismissal — Constructive dismissal — Claimant submitting grievance for breach of implied term of mutual trust and confidence — Claimant resigning three months after breach whilst grievance proceedings ongoing — Grievance later dismissed — Employment tribunal accepting breach of implied term but dismissing claim on ground claimant affirmed contract — Whether delay in resigning constituting affirmation — Whether exercise of contractual grievance procedure after breach resulting in affirmation https://www.iclr.co.uk/document/2023006388/casereport_52145b65-ddf2-480f-8772-c046c0139142/html [2024] ICR 366 Sat, 23 Mar 2024 21:41:31 GMT Employment Rahim v The Big Word — [2024] ICR D15 INDUSTRIAL RELATIONS — Employment tribunals — Practice — Guidance as to length of documentation in employment claims https://www.iclr.co.uk/document/2024000726/casereport_2a0c2b08-8a6e-480d-bd18-9a26663331ec/html [2024] ICR D15 Sat, 23 Mar 2024 21:41:33 GMT Employment Campbell v NHS Business Services Authority — [2024] ICR 400 PENSIONS — Pension scheme — Construction — NHS employee applying for ill-health retirement benefits pursuant to pension scheme — Employee dying after employment terminated but before expiry of period of unused annual leave for which payment made in lieu — Meaning of “retires from pensionable employment” — Effect of provision that “treated” pensionable employment as continuing for any period of leave for which payment made in lieu — Whether employee to be treated as having died during pensionable employment — National Health Service Pension Scheme Regulations 1995 (SI 1995/300), regs E2A, C2(5) https://www.iclr.co.uk/document/2023006542/casereport_a04b8997-7e7b-45b6-8468-06262472d549/html [2024] ICR 400 Sat, 23 Mar 2024 21:41:32 GMT Employment Jarosinski v Nestle UK Ltd — [2024] ICR 357 INDUSTRIAL RELATIONS — Employment tribunals — Reconsideration of decision — Employment judge sitting alone confirming earlier judgment of panel which same judge chaired — Whether judge entitled to decide reconsideration application sitting alone — Whether judge entitled to miss out sift stage when considering application for reconsideration — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, rr 71, 72 https://www.iclr.co.uk/document/2023007155/casereport_49dbd67f-e0ea-4497-8080-4706d9d6f26d/html [2024] ICR 357 Sat, 23 Mar 2024 21:41:32 GMT Employment Carryl v Governing Body of Manford Primary School — [2024] ICR D13 INDUSTRIAL RELATIONS — Employment tribunals — Deposit order — Employment judge dismissing claims — Judge granting claimant’s application for reconsideration subject to deposit order — Deposit order equalling over third of claimant’s take home pay payable within 28 days — Proper approach to be adopted by tribunal when considering making deposit order — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 39(2) https://www.iclr.co.uk/document/2024000667/casereport_cc519a01-5634-431b-9da4-a6c0a908042f/html [2024] ICR D13 Sat, 23 Mar 2024 21:41:34 GMT Employment De Bank Haycocks v ADP RPO UK Ltd — [2024] ICR 432 EMPLOYMENT — Redundancy — Consultation — United States parent company seeking to make redundancies — UK manager given standard matrix of subjective criteria by parent company to mark for redundancy selection — Claimant lowest ranked — Claimant having meetings with employer but only told own scores after dismissal and never told comparative scores of colleagues — Whether consultation exercise fair — Whether failure to consult at formative stage of redundancy process rendering dismissal unfair — Employment Rights Act 1996 (c 18), s 98(4) https://www.iclr.co.uk/document/2023006801/casereport_813b1a05-cd58-4159-a478-c4b42eb3daac/html [2024] ICR 432 Sat, 23 Mar 2024 21:41:33 GMT Employment Olsten (UK) Holdings Ltd v Adecco Group European Works Council — [2024] ICR 444 https://www.iclr.co.uk/document/2022021473/casereport_911fdcfb-3dfb-42a9-a799-cdc27e036284/html [2024] ICR 444 Sat, 23 Mar 2024 21:41:30 GMT No 8 Partnership v Simmons — [2024] ICR 380 DISCRIMINATION — Disability — Associative discrimination — Employee caring for disabled father when furloughed during Covid-19 pandemic — Employer refusing employee’s request to remain on furlough or work one instead of two days a week — Claim of disability discrimination by association — Employment tribunal constructing hypothetical comparators — No opportunity for parties to address tribunal on comparators — Whether unfair — Whether refusal of employee’s request because of association between employee and her father — Equality Act 2010 (c 15), ss 13, 23 https://www.iclr.co.uk/document/2023006399/casereport_e45b5929-218d-471e-969e-8bd39bb1d3b6/html [2024] ICR 380 Sat, 23 Mar 2024 21:41:33 GMT Employment Rentokil Initial UK Ltd v Miller — [2024] WLR(D) 128 DISCRIMINATION — Disability — Employment — Duty to make adjustments — Claimant unable to continue in role and unsuccessfully applying for different role — Tribunal finding claimant should have transferred into different role for trial period — Whether trial period amounting to reasonable adjustment — Whether reasonable step for employer to take — Equality Act 2010 (c 15), s 20(3) https://www.iclr.co.uk/document/2024001682/casereport_e31ad49e-7c08-4c7c-b401-546d61be4549/html [2024] WLR(D) 128 Wed, 20 Mar 2024 18:41:38 GMT Employment Criminal proceedings against GK — [2024] 4 WLR 25 EUROPEAN UNION — Judicial co-operation in criminal matters — Cross-border investigations — European Public Prosecutor’s Office opening investigation in Germany in relation to company and its managers in Austria — Handling prosecutor appointed in Germany delegating enforcement of investigation measures to assisting prosecutor in Austria — Austrian court authorising measures including search and seizures at business premises and homes of accused persons — Accused persons challenging decisions of Austrian court — Whether review conducted in member state of assisting prosecutor relating both to justification and adoption as well as to enforcement of investigation measures — Council Regulation (EU) 2017/1939, arts 31, 32 https://www.iclr.co.uk/document/2023007388/casereport_71b2f5b9-ea25-42a6-b65a-b02766ab3059/html [2024] 4 WLR 25 Thu, 21 Mar 2024 20:30:33 GMT European Union RTL Nederland BV v Minister van Infrastructuur en Waterstaat — [2024] 4 WLR 26 AIRCRAFT — Accident investigation — Disclosure of records — Media organisations requesting information in form of “occurrence reports” held by Dutch national authority regarding downing of aircraft — European Union Regulation’s confidentiality regime relating to aviation safety limiting freedom of expression and information — Whether limitation justified — Whether requested information subject to confidentiality regime — Charter of Fundamental Rights of the European Union, art 11 — Parliament and Council Regulation (EU) No 376/2014, art 15 https://www.iclr.co.uk/document/2024000385/casereport_f63ef453-5862-4bd5-839e-ef3405921c05/html [2024] 4 WLR 26 Thu, 21 Mar 2024 20:30:33 GMT European Union MD v Tez Tour UAB — [2024] WLR(D) 125 EUROPEAN UNION — Consumer protection — Package travel contracts — Traveller terminating contract due to spread of Covid-19 pandemic — Traveller having right under EU Directive to terminate package holiday contract without paying fee where “unavoidable and extraordinary circumstances” at destination — Whether official recommendation or decision advising against travel pre-condition of exercise of right — Scope of relevant circumstances and assessment of consequences — Whether evolving situation constituting “unavoidable and extraordinary circumstances” — Whether consequences affecting performance of contract having to occur at travel destination — Parliament and Council Directive (EU) 2015/2302, art, 12(2) https://www.iclr.co.uk/document/2024001496/casereport_ee49a980-22c1-4890-9bb5-ddb17e5d437a/html [2024] WLR(D) 125 Tue, 19 Mar 2024 17:41:48 GMT European Union QM v Kiwi Tours GmbH — [2024] WLR(D) 124 EUROPEAN UNION — Consumer protection — Package travel contracts — Traveller terminating contract due to spread of Covid-19 pandemic and paying termination fees — National authorities in country of destination adopting entry ban a week before scheduled departure date for holiday — Traveller requesting refund of termination fees from travel organiser — Traveller having right under EU Directive to terminate package holiday contract without paying fee where “unavoidable and extraordinary circumstances” at destination — Whether events arising after date of termination of contract but before scheduled start date of holiday to be taken into account in assessing traveller’s right — Parliament and Council Directive (EU) 2015/2302, art 12(2) https://www.iclr.co.uk/document/2024001490/casereport_c37b14ac-384a-410a-8438-cdd82101b982/html [2024] WLR(D) 124 Tue, 19 Mar 2024 17:41:48 GMT European Union In re O (A Child) — [2024] 4 WLR 29 CHILDREN — Care proceedings — Threshold criteria — Fact-finding hearing ascertaining whether threshold criteria met for care and supervision order — Court finding unintentional and negligent exposure of child to sexual material — Court classifying unintentional exposure of child to sexual material as “sexual abuse” — Whether sexual abuse — Children Act 1989 (c 41), s 31 https://www.iclr.co.uk/document/2024001008/casereport_2cd2ab6f-b7fa-46ce-b9ef-5e233ed3b69a/html [2024] 4 WLR 29 Thu, 28 Mar 2024 15:57:19 GMT Family X v Y — [2024] 4 WLR 28 PRACTICE — Case management — Alternative dispute resolution — Pre-hearing review in financial remedy proceedings — Financial dispute resolution meeting having failed to resolve dispute — Parties invited to consider non-court dispute resolution — Approach to be taken by courts in family proceedings to exercise of powers for purpose of encouraging parties to engage in non-court dispute resolution — FPR rr 1.1, 3.3, 3.4 https://www.iclr.co.uk/document/2024001631/casereport_9b7c52e5-46f3-440d-8ff7-ab0d7320c0de/html [2024] 4 WLR 28 Thu, 21 Mar 2024 20:30:35 GMT Family In re T (A Child) — [2024] WLR(D) 127 ADOPTION — Practice — Attendance at hearings — Prospective adopters prevented from attending hearing of their adoption application and denied request for transcript of hearing — Whether power to prevent prospective adopters from attending hearings — Consideration of current working practices — Guidance on engagement with applicants in adoption proceedings — Adoption and Children Act 2002 (c 38), ss 22, 49 — FPR Pt 14 https://www.iclr.co.uk/document/2024001685/casereport_27c5ad5c-d28b-48e9-b2e1-db279ab2f4f6/html [2024] WLR(D) 127 Wed, 20 Mar 2024 18:41:39 GMT Family Manchester City Council v CP — [2024] Fam 96 CHILDREN — Inherent jurisdiction — Deprivation of liberty — Local authority applying for order under inherent jurisdiction authorising restriction of use by child in care of mobile phone and other electronic devices — Whether jurisdiction to make such order — Whether restrictions amounting to deprivation of liberty — Whether local authority empowered to impose such restrictions in exercise of parental responsibility — Children Act 1989 (c 41), ss 33(3)(b), 100(4) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 https://www.iclr.co.uk/document/2023000634/casereport_ed3f6351-218a-4680-8ca6-3fc0f41aa49f/html [2024] Fam 96 Tue, 19 Mar 2024 17:41:47 GMT Family AO v LA — [2024] Fam 73 CHILDREN — Custody rights — Breach — Mother wrongfully removing children from Republic of Ireland to United Kingdom — Father applying under Hague Convention for children’s return — Mother resisting application on grounds of “grave risk” that return would expose children to harm or otherwise place them in intolerable situation — Whether “grave risk” requiring proof that harm or intolerable situation more likely than not — Whether possible for court to find relevant facts without cross-examination — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13 https://www.iclr.co.uk/document/2023000501/casereport_2023000501_d85c9bd4-2a14-4f0e-b1ff-a4931f52e034/html [2024] Fam 73 Tue, 19 Mar 2024 17:41:46 GMT Family Lifestyle Equities CV v Amazon UK Services Ltd — [2024] Bus LR 532 TRADE MARK — Infringement — Use — Right holder registering UK and EU trade marks for branded goods — Advertisements and offers for sale of identical US-branded goods bearing identical marks accessible to consumers in UK and EU via defendants’ US e-commerce website — Whether advertisements and offers for sale targeted at average UK consumers — Proper approach to assessment of targeting — Trade Marks Act1994 (c 26), s 10(1) — Parliament and Council Regulation (EU) No 2017/1001, art 9(2)(a) https://www.iclr.co.uk/document/2021000321/casereport_2021000321_507c675b-5c48-47c8-a1cf-6366114beab5/html [2024] Bus LR 532 Thu, 28 Mar 2024 22:57:24 GMT IP and Media Prescott Place Freeholder Ltd v Batin (Nos 1 and 2) — [2024] WLR(D) 145 LANDLORD AND TENANT — Lease — Tenants’ right of first refusal — Landlord disposing of freehold to purchaser in breach of statutory duty to give tenants first refusal — Tenants obtaining order requiring purchaser to dispose of freehold to their nominee — Purchaser subsequently granting unregistered equitable leases to third party — Concurrent proceedings in County Court and First-tier Tribunal — Whether “relevant disposal” of property — Whether abuse of process to argue purchaser holding freehold on trust for beneficiary when beneficiary not joined as party to County Court and tribunal proceedings — Whether order creating immediate equitable interest in land — Landlord and Tenant Act 1987 (c 31), ss 4(2)(g), 12B(2)(5), 19(1) — Land Registration Act 2002 (c 9), s 28 https://www.iclr.co.uk/document/2023001600/casereport_a0ae4e7a-c1cf-405d-8595-4a09e927fde6/html [2024] WLR(D) 145 Thu, 28 Mar 2024 20:23:58 GMT Land law Darwall v Dartmoor National Park Authority — [2024] Ch 107 COMMONS — Common land — Right of access — Statute giving public right of access to areas of Dartmoor Commons on foot and on horseback for purpose of “open-air recreation” — Whether conferring right to wild camp — Whether wild camping included in open-air recreation — Dartmoor Commons Act 1985 (c xxxvii), s 10(1) https://www.iclr.co.uk/document/2023000319/casereport_58e89eba-70bc-46ef-85e9-7fc7ab30b435/html [2024] Ch 107 Tue, 19 Mar 2024 17:41:43 GMT Land law R (DXK) v Secretary of State for the Home Department — [2024] WLR(D) 144 IMMIGRATION — Failed asylum seeker — Provision of accommodation — Secretary of State accepting statutory duty to provide accommodation for pregnant failed asylum seeker — Secretary of State failing to put in place adequate monitoring system for allocation of accommodation to vulnerable people — Whether ongoing breach of public section equality duty — Immigration and Asylum Act 1999 (c 33), ss 4(2), 95, 98 — Equality Act 2010 (c 15), s 149 https://www.iclr.co.uk/document/2024001711/casereport_53e61aba-43d3-4efe-ad16-7dee6192defd/html [2024] WLR(D) 144 Thu, 28 Mar 2024 20:23:54 GMT Public law PQR v Derbyshire Healthcare NHS Foundation Trust — [2024] 1 WLR 1529 MENTAL HEALTH — Tribunal — Jurisdiction — Community treatment order extended following telephone examination of patient — Patient applying to First-tier Tribunal for ruling that community treatment order invalid — Whether First-tier Tribunal having jurisdiction to make such ruling — Mental Health Act 1983 (c 20), ss 17A, 20A, 66, 72 https://www.iclr.co.uk/document/2024000007/casereport_2a1ce460-d60b-4da7-987e-4992b7882383/html [2024] 1 WLR 1529 Wed, 27 Mar 2024 00:41:41 GMT Public law Yalcin v Secretary of State for the Home Department — [2024] 1 WLR 1626 IMMIGRATION — Deportation — Conducive to public good — Foreign criminal challenging deportation on human rights grounds — Tribunal concluding “very compelling circumstances” for not deporting claimant — Whether tribunal erring in law by failing to make explicit findings on particular matters supporting such conclusion — Nationality, Immigration and Asylum Act 2002 (c 41), s 117C(6) https://www.iclr.co.uk/document/2024000782/casereport_21a04496-5dce-44b9-9836-7ae4c977abc9/html [2024] 1 WLR 1626 Wed, 27 Mar 2024 00:41:38 GMT Public law R (Jwanczuk) v Secretary of State for Work and Pensions — [2024] 1 WLR 1570 https://www.iclr.co.uk/document/2022010132/casereport_34806da5-5de7-465c-8e7b-6994c129c7ac/html [2024] 1 WLR 1570 Wed, 27 Mar 2024 00:41:31 GMT SF v Avon and Wiltshire Mental Health Partnership NHS Trust — [2024] 1 WLR 1540 MENTAL HEALTH — Medical treatment — “Appropriate medical treatment” — Patient detained in hospital for treatment — Patient’s mother applying for patient’s discharge on ground “appropriate medical treatment” not available — Whether “appropriate medical treatment” available if essential treatment not available — Whether treatment to prevent physical harm capable of amounting to “appropriate medical treatment” — Mental Health Act 1983 (c 20), ss 72(1)(b)(iia), 145(4) https://www.iclr.co.uk/document/2023005387/casereport_21c42d55-47c3-4bc1-8bb5-8ad6ed5bf986/html [2024] 1 WLR 1540 Wed, 27 Mar 2024 00:41:38 GMT Public law R (E3) v Secretary of State for the Home Department — [2024] 1 WLR 1539 https://www.iclr.co.uk/document/2022002205/casereport_e37d721b-a8b8-4cf5-829d-3c0c373363c2/html [2024] 1 WLR 1539 Wed, 27 Mar 2024 00:41:30 GMT R (Delo) v Information Comr — [2024] 1 WLR 1650 https://www.iclr.co.uk/document/2022020776/casereport_2022020776_388a3019-f0c4-4311-9ccb-2c3004127117/html [2024] 1 WLR 1650 Wed, 27 Mar 2024 00:41:34 GMT R (Suffolk Energy Action Solutions SPV Ltd) v Secretary of State for Energy Security — [2024] WLR(D) 138 PLANNING — Development — Planning permission — Secretary of State making development consent orders for offshore windfarms and associated onshore development — Orders authorising compulsory purchase of land from landowners — Applicants negotiating non-objection clauses with landowners — Whether non-objection clauses precluding or stifling objections to proposed development — Whether non-objection clauses legal — Planning Act 2008 ( c 29), ss 104, 114 https://www.iclr.co.uk/document/2023004478/casereport_7fa3082b-bc52-4098-9574-30bcc27d0ca0/html [2024] WLR(D) 138 Mon, 25 Mar 2024 23:41:30 GMT Public law R (LND1) v Secretary of State for the Home Department — [2024] WLR(D) 136 IMMIGRATION — Leave to enter — Application — Claimant Afghan public official applying to relocate with family to United Kingdom on basis of assistance given to UK authorities in Afghanistan — Scheme for relocation of eligible Afghan nationals requiring applicant to have worked “alongside a UK government department, in partnership with or closely supporting and assisting that department” and to have made “substantive and positive contribution during their employment or work or provision of services towards achieving the UK government’s military objectives or its national security objectives” — Secretary of State refusing application on basis claimant not demonstrating having worked alongside UK government department — Judge allowing claim for judicial review on basis that claimant meeting necessary conditions for eligibility — Whether relevant conditions to be considered as separate requirements — Whether eligibility decision to be quashed and remitted for reconsideration — Immigration Rules, Appendix ARAP, para 3.6 https://www.iclr.co.uk/document/2023004480/casereport_b5cc6511-7d2a-42f1-b693-5e0543b0d65a/html [2024] WLR(D) 136 Fri, 22 Mar 2024 20:41:30 GMT Public law R (Fiske) v Test Valley Borough Council — [2024] PTSR 382 PLANNING — Planning permission — Conditions — Planning permission granted for solar farm including electricity substation — Condition requiring development to be carried out in accordance with attached plans including drawing showing substation — Application to vary conditions to substitute new design drawings omitting substation — Whether variation to be permitted — Whether variation precluded where condition as varied inconsistent or conflicting with operative wording of original permission — Whether such restriction applying only where conflict fundamental — Town and Country Planning Act 1990 (c 8), s 73 https://www.iclr.co.uk/document/2023005382/casereport_119b043e-d0b1-4990-b053-90a641aa46a4/html [2024] PTSR 382 Wed, 20 Mar 2024 18:41:36 GMT Public law R (Police and Crime Commissioner for the West Midlands) v Secretary of State for the Home Department — [2024] WLR(D) 132 LOCAL GOVERNMENT — Combined authority — Policing — Secretary of State making order transferring commissioner’s powers to mayor of combined authority — Whether consultation document containing sufficient information to permit public fair opportunity to participate — Local Democracy, Economic Development and Construction Act 2009 (c 20), ss 107F, 113 https://www.iclr.co.uk/document/2024001780/casereport_8453bd7a-80a1-4de5-99b6-5e6fa8133edf/html [2024] WLR(D) 132 Wed, 20 Mar 2024 18:41:38 GMT Public law R (Murugason) v Secretary of State for the Home Department — [2024] 1 WLR 1474 NATIONALITY — British citizenship — Acquisition — Statute conferring right of abode in United Kingdom on certain citizens of United Kingdom and Colonies — Statute conferring right where citizen born to parent who had citizenship of United Kingdom and Colonies by birth — Whether statute requiring such parent to have been born in United Kingdom — Immigration Act 1971 (c 77), s 2(1) — British Nationality Act 1981 (c 61), s 11(1) https://www.iclr.co.uk/document/2022021493/casereport_f3fa0ce5-49d2-4ca3-8f2e-695013c978a9/html [2024] 1 WLR 1474 Wed, 20 Mar 2024 18:41:31 GMT Public law R (Fatima Ali) v Secretary of State for the Home Department — [2024] 1 WLR 1409 EUROPEAN UNION — Freedom of movement — Right to reside — Third-country national claimant entering United Kingdom as child of EU citizen mother and obtaining residence card — Claimant subsequently reaching age of 21 and ceasing to be dependent on mother — Claimant applying for pre-settled status under EU Settlement Scheme during transition period for United Kingdom’s withdrawal from EU — Application refused on basis claimant neither under 21 nor dependent — Whether EU Settlement Scheme correctly reflecting Withdrawal Agreement — Whether claimant’s right to reside conditional upon continuing dependency — Whether refusal of claimant’s application irrational — Immigration Rules, Appendix EU — Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, art 17(2) — Parliament and Council Directive 2004/38/EC, arts 2(2), 7(2), 14(2) https://www.iclr.co.uk/document/2023004165/casereport_a4575a0f-6c3f-429f-a27b-085bb19585a4/html [2024] 1 WLR 1409 Wed, 20 Mar 2024 18:41:37 GMT Public law R (Thompson) v Secretary of State for the Home Department — [2024] 1 WLR 1449 https://www.iclr.co.uk/document/2023005088/casereport_669fae31-c1a1-44ba-90ce-60b4fe1d550c/html [2024] 1 WLR 1449 Wed, 20 Mar 2024 18:41:35 GMT Public law R (Roehrig) v Secretary of State for the Home Department — [2024] WLR(D) 126 NATIONALITY — British citizenship — Acquisition — Claimant born in United Kingdom to European Union citizen resident in United Kingdom as worker — Whether claimant automatically acquiring British citizenship on birth — Whether claimant’s mother “settled” in United Kingdom at time of birth — Whether mother subject under “immigration laws” to restriction on period for which she could remain in United Kingdom — British Nationality Act 1981 (c 61), ss 1(1)(b), 50 — Immigration (European Economic Area) Regulations 2000 (SI 2000/2326), reg 14 https://www.iclr.co.uk/document/2023000461/casereport_fe5bfde1-5d6c-4668-88f2-8077a7539126/html [2024] WLR(D) 126 Tue, 19 Mar 2024 17:41:44 GMT Public law LLC Synesis v Secretary of State for Foreign, Commonwealth and Development Affairs — [2024] KB 81 SANCTIONS — Designation — Statutory threshold — Secretary of State refusing to revoke company’s designation under sanctions regulations — Company applying to court for refusal to be set aside — Whether “reasonable grounds to suspect” company an involved person under regulations — Proper approach of court on application to set refusal aside — Sanctions and Anti-Money Laundering Act 2018 (c 13), ss 11(2), 23, 38 — Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (SI 2019/600), regs 5, 6(1)(a) https://www.iclr.co.uk/document/2023001868/casereport_1b50c661-7ad8-40cd-82a5-c1d915ea0ff0/html [2024] KB 81 Tue, 19 Mar 2024 17:41:45 GMT Public law FXJ v Secretary of State for the Home Department — [2024] 2 WLR 843 NEGLIGENCE — Duty of care — Public authority — Claimant refugee with serious mental illness successfully appealing deportation order — Secretary of State lodging late appeal and seeking extension of time but ultimately withdrawing appeal — Claimant seeking damages for deterioration in mental health caused by delay — Whether Secretary of State owing duty of care to claimant — Whether parties to be treated for that purpose as opponents in litigation — Whether duty of care in tort owed in exercise of Secretary of State’s statutory responsibility for immigration — Whether claimant’s Convention rights breached — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 https://www.iclr.co.uk/document/2022003998/casereport_e99a0f9e-976d-49a4-94d8-ca120e6ff7cd/html [2024] 2 WLR 843 Wed, 27 Mar 2024 00:41:32 GMT Tort Prudential Assurance Co Ltd v Revenue and Customs Comrs — [2024] WLR(D) 142 REVENUE — Value added tax — Supply of goods and services — Group company providing investment services to taxpayer in return for fee — Fee for provision of services becoming due after provider leaving taxpayer’s VAT group — Whether supply made at point service rendered or point fees paid for VAT purposes — Value Added Tax Act 1994 (c 23), ss 5, 6, 43(1) — Value Added Tax Regulations 1995 (SI 1995/2518), reg 90 https://www.iclr.co.uk/document/2023001731/casereport_aa95278d-edb5-499a-984a-fd92c7653b7e/html [2024] WLR(D) 142 Thu, 28 Mar 2024 01:27:20 GMT Tax Delinian Ltd (formerly Euromoney Institutional Investor plc) v Revenue and Customs Comrs — [2024] 1 WLR 1613 REVENUE — Capital Gains Tax — Exemptions — Taxpayer entering into share exchange — Whether deferral of tax available — Whether exchange forming part of “scheme or arrangements” of which main purpose “avoidance” of liability to tax — Whether whole “scheme or arrangements” entered into by taxpayer to be considered — Whether scheme or arrangements leading to non-payment of tax otherwise payable even if deferred amounting to “avoidance” — Taxation of Chargeable Gains Act 1992 (c 12), s 137(1) https://www.iclr.co.uk/document/2022009808/casereport_2c4a806c-4ace-4956-9f31-47a140075220/html [2024] 1 WLR 1613 Wed, 27 Mar 2024 00:41:36 GMT Tax Director of Border Revenue v OM Cash and Carry Ltd — [2024] 4 WLR 24 REVENUE — Customs and Excise — Importation of dutiable goods — Notice of seizure of goods served only on solicitors representing owner and not on owner itself — Whether notice of seizure properly served — Whether invalid notice of seizure rendering seizure unlawful — Customs and Excise Management Act 1979 (c 2), s 139(6), Sch 3, paras 1, 2, 3, 6 https://www.iclr.co.uk/document/2024000922/casereport_435b6047-0bf8-4255-85b0-ca53190ffb6f/html [2024] 4 WLR 24 Thu, 21 Mar 2024 20:30:35 GMT Tax Miller v Irwin Mitchell LLP — [2024] 4 WLR 27 NEGLIGENCE — Duty of care — Scope of duty — Claimant seeking to claim damages from travel operator for injuries sustained whilst on holiday — Claimant calling solicitors’ legal helpline six days after accident — Claimant only entering into retainer with solicitors several months after accident — Travel operator failing to inform insurer of claim within time period specified in insurance policy — Whether solicitors’ helpline adviser assuming duty of care to claimant — Whether duty of care arising under implied retainer or common law — Whether scope of duty of care extending beyond preliminary advice — Whether helpline adviser under duty of care to advise claimant to notify travel operator of claim https://www.iclr.co.uk/document/2022010104/casereport_8a237bb1-8d71-44ad-9c46-96a4fa8e434c/html [2024] 4 WLR 27 Thu, 21 Mar 2024 20:30:32 GMT Tort