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?series=WLRD Thu, 28 Mar 2024 19:51:43 GMT Thu, 28 Mar 2024 19:51:43 GMT 60 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 inf 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 01:27:21 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 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 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 (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 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 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 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 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 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 (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 (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 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