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FAIR TRADING

Consumer credit — Agreement — Claimant borrowing money under consumer credit agreement — Lenders including broker’s fee in costs of borrowing set out in consumer credit separately from amount of “credit” — Payment of fee deferred and interest charged on it — Whether converting fee into “credit” — Meaning and extent of “credit” — Whether costs of borrowing entered into “total amount financed” forming “credit” so as to render agreement unenforceable — Whether claiming interest on costs of borrowing effectively prohibited by consumer credit legislation — Consumer Credit Act 1974, ss 9(1)(4)
Southern Pacific Personal Loans Ltd v Walker and another; [2009] EWCA Civ 1176
[2009] WLR (D) 333
12/11/09

Consumer credit — Agreement — Mortgage agreement between claimant mortgagee and defendant discharging prior mortgage from advance and using remainder for own purposes — Defendant contending mortgage constituting “multiple agreement” in two “parts” providing restricted-use and unrestricted-use credit — Whether mortgage in two categories forming separate consumer credit agreements — Whether enforceable — Consumer Credit Act 1974 (c 39), s 18
Heath v Southern Pacific Mortgage Ltd ; [2009] EWCA Civ 1135
[2009] WLR (D) 320
05/11/09

Contract — Unfair terms — Banks charging customers with personal accounts when making payments without holding necessary funds in account — Whether exempt from assessment as to fairness — Unfair Terms in Customer Contracts Regulations 1999 (SI 1999/2083), reg 6(2)(b)
Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116
[2009] WLR (D) 69
26/02/09

FALSE IMPRISONMENT

Prisoner serving sentence — Damages — Unlawful strike action by prison officers resulting in claimant’s confinement in cell and disruption of daily routine — Whether entitled to damages for false imprisonment — Assessment of damages
Iqbal v Prison Officers Association; [2009] EWCA Civ 1310
[2009] WLR (D) 355
04/12/09

FATAL ACCIDENTS ACTS

Damages — Widow’s dependency — Husband killed in accident at work— Widow receiving payments out of death in service benefit scheme and trust fund established by employer — Whether “benefit” to be disregarded in assessing damages — Fatal Accidents Act 1976 (c 30), ss 3, 4 (as substituted by Administration of Justice Act 1982 (c 53), s 3(1))
Arnup (as administratrix and on her own behalf) v MW White Ltd [2008] EWCA Civ 447; [2008] WLR (D) 140
[2008] WLR (D) 140
07/05/08

FINANCIAL SERVICES

Standard of conduct — Market abuse — FSA considering conduct of claimants amounting to market abuse — Whether intention to abuse market essential ingredient — Financial Services and Markets Act 2000, ss 118,122(1)(2)
Winterflood Securities Ltd and others v Financial Services Authority [2010] EWCA Civ 423; [2010] WLR (D) 101
22/04/10

Regulator — Powers — Financial Services Authority — Assistance to foreign regulators — Appointment of investigators — Regulator issuing notice to compel production of documents relevant to the purposes of investigation — Whether lawfully made — Financial Services and Markets Act 2000, s 169
Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50
24/02/10

FISHERY

Levy on landed fish — Statute empowering levy on fish and fish products landed in United Kingdom — Subordinate legislation extending levy to fish and fish products imported from member state of European Union — Meaning of “landed” — Whether subordinate legislation ultra vires primary statute — Whether contravening European Union law — Fisheries Act 1981, s 4 (as amended by Sea Fish Industry Authority (Levy Powers) Order (SI 1990/1641), art 2 and Channel Tunnel (Amendment of the Fisheries Act 1981) Order 1994 (SI 1994/1390), art 2) — Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996 (SI 1996/160), art 2, Sch, para 4) — FEU Treaty, arts 28, 30
Bloomsbury International Ltd and others v Sea Fish Industry Authority and another; [2010] EWCA Civ 263
[2010] WLR (D) 80
18/03/10

Sea fishing — Rights granted under statute — Whether statutory instrument granting rights of several oyster and mussel fishery ultra vires enabling Act — Whether giving Crown overriding rights — Effect of criminal sanctions for interfering with fishery — Sea Fisheries Act 1868, s 40 — Sea Fisheries (Shellfish) Act 1967, s 7(4) — Menai Strait Oyster and Mussel Fishery Order 1962
Isle of Anglesey County Council and another v Welsh Ministries and others [2009] EWCA Civ 94; [2009] WLR (D) 66
20/02/09

FREEDOM OF INFORMATION

Public authority — British Broadcasting Corporation — Application for disclosure of internal BBC report — Information commissioner concluding report held for purposes of journalism and not capable of disclosure — Information tribunal reversing decision of commissioner — Whether information requested “held for purposes other than those of journalism” — Approach to appeal from decision of specialist tribunal — Freedom of Information Act 2000, Sch 1, Pt VI
British Broadcasting Corporation and another v Sugar (No 2); [2010] EWCA Civ 715
[2010] WLR (D) 157
23/06/10

Disclosure — Environmental information — Information commissioner ordering Ofcom to disclose information regarding location of mobile phone masts — Ofcom considering not in public interest and exempt from disclosure — Whether regulator to consider exceptions separately or in aggregate when balancing public interest in disclosure and in maintaining non disclosure — Whether benefit arising from unlawful use of disclosed information could be taken into account — Environmental Information Regulations 2004 (SI 2004/3391), reg 12(1)(b)(5)(c)
Office of Communications v Information Comr [2009] EWCA Civ 90; [2009] WLR (D) 71
20/02/09

Public authority — Information supplied under statutory procedure — Statute forbidding disclosure for other purposes of information given in confidence — Whether information exempt from disclosure pursuant to freedom of information request — Animals (Scientific Procedures) Act 1986, s 24(1) — Freedom of Information Act 2000, s 44(1)
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another [2008] EWCA Civ 870
[2008] WLR (D) 273, CA Civ
30/07/08

Public authority — British Broadcasting Corporation — Application for disclosure of internal BBC report — Information Commissioner deciding BBC not “public authority” for purpose of request — Whether report held for “purposes other than those of journalism, art or literature” — Whether decision of Commissioner subject to appeal to Information Tribunal — Whether subject to judicial review — Freedom of Information Act 2000, ss 3(1), 7(1), 50, 57, Sch 1)
British Broadcasting Corporation v Sugar and another; R (British Broadcasting Corporation) v Information Tribunal; R (Sugar) v Information Commissioner
- [2008] 1 WLR 2289
25/01/08

HEALTH AND SAFETY

Employer’s liability — Obligation to take appropriate steps to reduce risk of injury to employee arising out of undertaking manual handling operations — Burden of proof — Manual Handling Operations Regulations 1992 (SI 1992/2793), reg 4(1)(b)
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2008] EWCA Civ 1424; [2008] WLR (D) 394
[2008] WLR (D) 394
15/12/08

Employer's liability — Workplace obstruction — Paving slab raised above neighbouring slabs — School caretaker injured when trolley he was pushing struck raised slab — Whether raised slab could constitute risk to health and safety — Whether trolley suitable for intended purpose of transporting at school site — Workplace (Health, Safety and Welfare) Regulations 1992, reg 12 — Provision and Use of Working Equipment Regulations 1998, reg 4
Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377
[2008] WLR (D) 377
05/12/08

Employer’s liability — Suitability of equipment — Employee habitually collecting client from own home for day care — Employee injured when pushing client in wheelchair down ramp — Whether ramp “work equipment” for “use at work” — Whether employer strictly liable — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), regs 4, 5
Smith v Northamptonshire County Council [2008] EWCA Civ 181; WLR (D) 83
WLR (D) 83
11/03/08

Employer’s liability — Work equipment — Employee driving underground train using traction brake controller — Employee developing tenosynovitis due to strain caused by manner of holding controller — Whether risk assessment and training by employer adequate — Whether duty on employer to ensure adequacy of training strict or absolute — Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306), reg 9
Allison v London Underground Ltd [2008] EWCA Civ 71
[2008] WLR (D) 45
08/02/08

HIGHWAY

Street works — Emergency works — Claimant street authority carrying out emergency works to make safe broken manhole cover — Defendant utility company responsible for manhole cover — Authority invoicing company for emergency works — Whether authority entitled to charge company for works — Literal interpretation of regulations resulting in absurdity — Whether court to apply literal or purposive interpretation to regulatons — New Roads and Street Works Act 1991, s 81 — Street Works (Maintenance) Regulations 1992 (SI 1992/1691), regs 3, 4
Hertfordshire County Council v Veolia Water Central Ltd; [2010] EWCA Civ 887
[2010] WLR (D) 200
27/07/10

Right of way — Definitive map — Application to modify map by upgrading road used as public path and bridleway to byway open to all traffic — Application failing to comply with statutory requirements as submitted unsigned and undated without a map — Whether defects in application capable of being cured — Wildlife and Countryside Act 1981, s 53(5), Sch 14, para 1 — Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 (S1 1993/12)
Maroudas v Secretary of State for the Environment, Food and Rural Affairs; [2010] EWCA Civ 280
[2010] WLR (D) 81
08/03/10

Right of way — Definitive map — Rights for mechanically propelled vehicles — Local surveying authority determining to upgrade to byway open to all traffic — Application to modify definitive map and statement — Whether failure to comply with statutory requirements as to making of such applications rendering application invalid — Whether invalidity of such application preventing operation of saving provision relating to extinguishment of existing rights — Wildlife and Countryside Act 1981, s 53(5), Sch 14, paras 1, 3 — Natural Environment and Rural Communities Act 2006, s 67
R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132
[2008] WLR (D) 132
29/04/08

HOUSING

Homelessness — Dependent child — European Economic Area national lawfully present in United Kingdom with dependent child claiming entitlement to full housing benefit — Dependent child subject to immigration control — Whether duty of housing authority full housing duty — Housing Act 1996 (as amended by Housing and Regeneration Act 2008, s 314, Sch 15), ss 184(7), 193(1) — Council Directive 2004/38/EC, art 18(1)
Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening); [2010] EWCA Civ 909
[2010] WLR (D) 208
28/07/10

Duty — Review — Local authority offering accommodation to homeless applicants — Applicants refusing offer — Local authority on review deciding accommodation suitable and stating “offer reasonable” — Local authority deciding no longer owing duty — Applicants requesting review and raising claims of racial harassment at accommodation experienced prior to refusal of offer — Whether local authority conducting proper separate reviews of both requirements of suitability and reasonableness — Whether local authority to take account of matters arising before offer refused but only presented to local authority at review stage of its decision that duty ceased — Housing Act 1996 (as amended by Homelessness Act 2002, s 7), ss 193(5), 193(7)(7A), 202
Ravichandran and another v Lewisham London Borough Council; [2010] EWCA Civ 755
[2010] WLR (D) 170
02/07/10

Secure tenancy — Claim for possession — Social landlord granting tenancy of house to husband for occupation by husband and wife with children — Term of tenancy giving right to landlord to seek possession where one of spouses left occupation on ground of domestic violence — Wife leaving house on ground of husband’s violence — Landlord seeking possession on ground of violence and threat of violence of husband after wife leaving home — Whether violence or threat of violence taking place after wife leaving home appropriate or sufficient ground to make possession order against husband — Housing Act 1988, s 7, Sch 2, Pt II, ground 14A (as inserted by Housing Act 1996, s 149 and amended by Civil Partnership Act 2004, ss 81, 263, Sch 8, para 33)
Metropolitan Housing Trust v Hadjazi; [2010] EWCA Civ 750
[2010] WLR (D) 167
01/07/10

Non-secure tenancies — Local authority landlords applying for possession orders against introductory tenants and persons housed under homelessness legislation — Proceedings for possession — Scope of county court’s jurisdiction — Housing Act 1996, Pts V, VII — Whether court entitled to review reasonableness and proportionality of decision to seek possession — Guidance for county courts — Human Rights Act 1998, Sch 1, Pt I, art 8
Salford City Council v Mullen;
Hounslow London Borough Council v Hall;
Leeds City Council v Hall;
Birmingham City Council v Frisby;
Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening [2010] EWCA Civ 336; [2010] WLR (D) 91
30/03/10

Secure tenancy — Claim for possession — Mentally impaired tenant assaulting caretaker — Council seeking possession order without taking tenant’s impairment into account — Whether possession order to be quashed — Whether council entitled to bring fresh possession proceedings after reconsideration
Barber v Croydon London Borough Council [2010] EWCA Civ 51; [2010] WLR (D) 39
11/02/10

Secure tenancy — Claim for possession — Grant of tenancy by council official in breach of local authority’s statutory allocation scheme — Claim for possession on ground tenancy void — Whether entitled to order for possession — Housing Act 1985, Pt II, s 32 — Housing Act 1996, Pt VI, ss 159, 167(8)
Birmingham City Council v Qasim and others; [2009] EWCA Civ 1080
[2009] WLR (D) 301
20/10/09

Demoted tenancy — Repossession — Secure tenancy demoted on grounds of anti social behaviour — Public landlord seeking possession order on grounds of nuisance and contravening terms of demoted tenancy — Review panel rejecting review application against proposed eviction — Whether county court having jurisdiction to judicially review decision of review panel or to quash panel’s decision — Housing Act 1996 (c 52), ss 143, D-F, N (as inserted by Anti-social Behaviour Act 2003 (c 38) s 14(5), sch1, para 1 - Human Rights Act 1998 (c 42) s 6, sch 1, part 1, art 8.
Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening); [2009] EWCA Civ 852; [2009] WLR (D) 280
31/07/09

Local authority — Occupiers — Local authority granting lease of premises to another local authority — Lessee authority granting rights to housing association — Lessor terminating lease and seeking to recover possession from housing association — Occupiers of premises largely unknown to lessor until seeking possession — Whether decision to seek possession proper exercise of powers — Whether court to consider decisions to continue proceedings even if made on day of hearing — Whether court to take account of facts concerning personal circumstances of occupiers known to authority at time of decision
Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening); [2009] EWCA Civ 613
[2009] WLR (D) 232
23/06/09

Homelessness —Tenancy to minor — Claimant aged 16 presenting as homeless and in priority need granted tenancy on council’s standard form for adults — Minor not capable of holding legal estate in land — Council serving notice to quit and granted possession on grounds that equitable tenancy — Whether purported grant of legal estate operates as declaration that premises held in trust for minor — Whether notice to quit lawful — Law of Property Act 1925, s 1(6) — Trust of Land and Appointment of Trustees Act 1996 , Sch 1, para 1(1)
Hammersmith and Fulham London Borough Council v Alexander-David; [2009] WLR (D) 117
01/04/09

Secure tenancy — Claim for possession — Three bedroom council house occupied by brother and sister being under occupied — Secure tenant living 50 years in house where he had been born — Tenant succeeding to tenancy on death of mother — Housing authority seeking possession on grounds of under-occupation and offering suitable alternative accommodation — Whether reasonable to make possession order — Relevance of alternative accommodation in assessing reasonableness — Role of appellate court — Housing Act 1985, s 84(2), Sch 2, ground 16
Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106
20/03/09

Housing assistance — Eligibility — European Economic Area national unable to work following accident — Entitlement dependent on applicant being “worker” under Community enactments — Whether “worker” — Whether local authority to consider previous work history — Whether period of casual employment in relevant period before accident “effective and genuine” — Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 — Immigration (European Economic Area) Regulations 2006, reg 6(2)(b)(ii)
Barry v Southwark London Borough Council; [2008] WLR (D) 407
[2008] WLR (D) 407
19/12/08

Housing benefit — Eligibility for discretionary housing payment — Applicant in receipt of housing benefit and council tax owing rent arrears — Whether discretionary housing payments available to pay off arrears —Discretionary Financial Assistance Regulations 2001 (SI2001/1167), reg 4
Gargett v Lambeth London Borough Council; [2008] WLR (D) 405
[2008] WLR (D) 405
18/12/08

Secure tenancy — Claim for possession — Postponed possession order — Application to set date for possession — Whether permissible for county court to give summary judgment without hearing evidence — Housing Act 1985, s 85(2)(4)
Wandsworth London Borough Council v Whibley [2008] EWCA Civ 1259
[2008] WLR (D) 359, CA Civ
14/11/08

Secure tenancy — Death of tenant — Tenant’s son succeeding to tenancy but deliberately failing for three years to notify local authority of mother’s death — Local authority claiming possession with view to moving occupant to smaller property — Whether son estopped from asserting date of mother’s death to defeat local authority’s claim — Whether proprietory estoppel — Housing Act 1985, s 84, Sch 2, ground 16
Newport City Council v Charles; [2008] WLR (D) 245
[2008] WLR (D) 245
17/07/08

Demoted tenancy — Proceedings for possession — Housing authority seeking order for possession — Claimant contending review by housing officer of original decision to terminate tenancy not independent or impartial — Whether procedure contravening tenant’s rights to fair hearing — Housing Act 1996, ss 143E–F (as inserted by Anti-Social Behaviour Act 2003, s 14(5), Sch 1, para 1) — Human Rights Act 1998, Sch 1, Pt I, art 6 — Demoted Tenancies (Review of Decisions) (England) Regulations 2004 (SI 1679/2004)
R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224
[2008] WLR (D) 224
02/07/08

Homelessness — Review — Council deciding applicant not in priority need for assistance as a homeless person — Officer reviewing decision failing to give notice of intention to find against applicant — Applicant unable to make written or oral representations — Whether discretion to dispense with notice — Allocation of Housing and Homelessness (Review Procedure) Regulations 1999, reg 8(2)
Johnston v London Borough of Lambeth [2008] EWCA Civ 690
[2008] WLR (D) 200
19/06/08

Secure tenancy — Order for possession suspended provided tenant paid rent arrears — Tenant assaulted by assailants while in occupation as tolerated trespasser and deciding not to return to flat — Tenant retaining keys even after collecting his personal belongings — Whether liability to pay mesne profit continuing until tenant notified landlord his occupation had ceased
Merton London Borough Council v Jones; [2008] WLR (D) 194
[2008] WLR (D) 194
16/06/08

Secure tenancy — Right to buy — Tenant in receipt of housing benefit exercising right to buy long lease of council flat — Tenant serving operative notice of delay on council — Whether housing benefit “payment of rent” — Whether purchase price to be reduced — Whether jurisdiction to hear dispute following execution of lease — Housing Act 1985 (as amended by Housing Act 1988, s 124), ss 153A(5), 153B, 181
Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624
[2008] WLR (D) 192
12/06/08

Secure tenancy — Right to buy — Local authority granting tenancies of dwelling houses to employees — Contract requiring employees to occupy dwelling houses — Whether requirement imposed for better performance of their duties — Whether employees having statutory right to buy — Housing Act 1985, Sch 1, para 2(1)
Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29
[2008] WLR (D) 29
01/02/08

HUMAN RIGHTS

Right to fair trial — Suspected international terrorists — Flawed decision by Secretary of State to issue non-derogating control orders — Whether to be revoked prospectively or quashed ab initio — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3(10)
Secretary of State for the Home Department v AF (No 4); [2010] EWCA Civ 869
[2010] WLR (D) 205
28/07/10

Right to liberty — Suspected terrorist — Person holding dual Iraqi and British nationality interned in Iraq by British forces — Internment persisting after adoption of Iraqi Constitition — Whether claimant’s continuing internment lawful — Whether constitutional guarantees of judicial involvement requiring involvement of a judge
Al-Jedda v Secretary of State for Defence; [2010] EWCA Civ 758
[2010] WLR (D) 182
08/07/10

Right to life — Breach — Voluntary mental patient committing suicide after having been allowed to leave hospital when at “real and immediate risk” of death — Action against hospital trust for breach of deceased’s Convention right to life — Whether hospital trust subject to “operational” obligation to take special preventative measures to protect patient — Human Rights Act 1998, Sch 1, Pt I, art 2
Rabone and another v Pennine Care NHS Trust; [2010] EWCA Civ 698
[2010] WLR (D) 152
21/06/10

Right to a fair hearing — Determination of civil rights and obligations — Pupil permanently excluded from school for having carried knife — Whether pupil’s civil rights engaged — Whether right to a fair hearing infringed — Whether proof beyond reasonable doubt required to reach decision to exclude
Regina (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party); [2010] EWCA Civ 142
[2010] WLR (D) 56
26/02/10

Right to fair trial — Disciplinary proceedings — Teacher dismissed by school further to disciplinary proceedings — Conduct complained of reported to Secretary of State for consideration under statutory barred list procedure preventing further work with children — Whether teacher entitled to legal representation in course of disciplinary proceedings — Whether civil right to practice profession engaged — Human Rights Act 1998 Sch 1, Pt I, art 6 — Education Act 2002, s 142 — Safeguarding Vulnerable Groups Act 2006 — Education (Prohibition from Teaching and Working with Children) Regulations 2003, reg 4
R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening); [2010] EWCA Civ 1
[2010] WLR (D) 4
20/01/10

Right to peaceful enjoyment of possessions — Deprivation of property — Government and Bank of England lending to regulated bank — Government subsequently making compulsory transfer of shares in bank to Treasury — Statutory scheme to compensate shareholders valuing shares on date of nationalisation and on assumption that bank insolvent — Sum payable to shareholders negligible — Whether compensation scheme resulting in fair balance between general interest of community and shareholders’ rights — Whether statutory compensation scheme compatible with shareholders’ right to peaceful enjoyment of possessions — Human Rights Act 1998, Sch 1, Pt II, art 1 — Banking (Special Provisions) Act 2008, s 5(4)
R (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same; [2009] EWCA Civ 788 [2009] WLR (D) 267
28/07/09

Right to respect for private and family life — Smoking ban — Regulations providing temporary exemption for mental health units — High security psychiatric hospital introducing policy for smoke-free environment — Whether detained mental patient’s right to respect for private and family life engaged — Whether infringement justified — Human Rights Act 1998, Sch 1, Pt I, arts 8, 14 — Health Act 2006, ss 1, 3 — Smoke-free (Exemption and Vehicles) Regulations 2007 (SI 2007/765), reg 10(3)
Regina (G) v Nottinghamshire Healthcare NHS Trust; [2009] EWCA Civ 795
[2009] WLR (D) 260
24/07/09

Right to liberty — Suspected terrorist — Home Secretary issuing control order — Suspected terrorist required to remain in specified residence 16 hours per day — Whether further restrictive obligations amounting in total to unlawful deprivation of liberty — Human Rights Act 1998, Sch 1, Pt I, art 5
AP v Secretary of State for the Home Department; [2009] EWCA Civ 731
[2009] WLR (D) 243
15/07/09

Right to life — State’s duty to investigate self-harm — Young offender in detention repeatedly self-harming — Statutory exclusion of psychopathic disorders precluding transfer for treatment — Whether “real and immediate” risk to life prerequisite — Whether exclusion of psychopathic disorders from statutory provisions proper subject of inquiry — Mental Health Act 1983, s 48 — Human Rights Act 1998, Sch 1, Pt 1, arts 2, 3
R (P) v Secretary of State for Justice; [2009] EWCA Civ 701
[2009] WLR (D) 234
06/07/09

Public authority — Functions of public nature — Registered social landlord claiming possession for rent arrears — Tenant challenging possession order on human rights grounds — Whether registered social landlord exercising "functions of a public nature" — Whether decision of registered social landlord susceptible to judicial review — Human Rights Act 1998, s 6(3)(b)
R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening); [2009] EWCA Civ 587
[2009] WLR (D) 202
18/06/09

Soldier dying of heatstroke whilst carrying out duties off base in Iraq — Whether British soldier on military service in Iraq subject to jurisdiction of United Kingdom — Whether death of soldier within scope of Human Rights Convention or of legislation giving domestic effect to Convention — Whether procedural requirements implicit in Convention right to life applying to inquest into soldier’s death — Human Rights Act 1998, art 1, Sch 1, Pt I, art 2
R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening); [2009] EWCA Civ 441
[2009] WLR (D) 158
18/05/09

Financial provision — Ancillary relief — Application for ancillary relief being compromised — Global financial crisis leading to significant fall in husband’s worth — Whether order for ancillary relief to be rewritten
Myerson v Myerson (No 2); [2009] WLR (D) 122
01/04/09

Right to freedom of expression — Interference with — Protest group camping in protected area of Atomic Weapons Establishment for several years — Secretary of State passing bylaws prohibiting camping at site — Whether byelaws interfering with group’s rights to freedom of expression and of peaceful assembly — Whether interference justifiable — Military Lands Act 1992, s 14(2) — Human Rights Act 1998, s 6, Sch 1, Pt I, arts 10, 11 — Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007 (SI 2007/1066), para 7(2)(f)
Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35
05/02/09

Jurisdiction — Detention in UK internment facility — Iraqi civilians arrested by British forces and detained as security detainees — Subsequent allegations leading to reclassification as criminal detainees held on authority of Basra Criminal Court — Iraqi prosecuting authorities classifying allegations as war crimes and requesting transfer to the Iraqi higher tribunal — Whether detainees under UK jurisdiction for purposes of Human Rights Convention —Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 1
R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17
21/01/09

Right to free elections — Interference with — Law providing for senior judge of Island of Sark to sit as unelected member of legislature — Whether infringing Convention right to free elections ensuring free expression of opinion of people in choice of legislature — Human Rights Act 1998, Sch 1, Pt II, art 3
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376
[2008] WLR (D) 376
02/12/08

Right to fair trial — Suspected international terrorists — Secretary of State issuing non-derogating control orders — Court hearing to consider whether Secretary of State’s decision flawed — Some or all of material not disclosed to controlee — Special advocates appointed to represent controlees with sight of closed material not disclosed to controlee — Whether procedure in breach of controlee’s right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3(10), Sch, para 4 — CPR, Pt 76
Secretary of State for the Home Department v AF; Same v AM; Same v AN; Same v AE [2008] EWCA Civ 1148; [2008] WLR (D) 320
[2008] WLR (D) 320
17/10/08

Jurisdiction — Compatibility — Rule of law of member state — Decision of European Court of Human Rights — Circumstances in which Court of Appeal bound to follow decision of European court
Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22
[2008] WLR (D) 22
29/01/08

HUSBAND AND WIFE

Divorce — Recognition of foreign decree — Husband and wife domiciled in Russian Federation but resident in United Kingdom — Divorce proceedings brought by husband in Moscow and wife in London — Race to obtain divorce first without hearing on convenient forum — First decree granted in Moscow — Whether appropriate for English court to refuse recognition of divorce decree on ground of public policy — Family Law Act 1986, s 53(1)(c)
Golubovich v Golubovich; [2010] EWCA Civ 810
[2010] WLR (D) 188
13/07/10

Financial provision — Variation and discharge — Applications for order to be varied and lump sum to be substituted — Approach to be adopted by judge when exercising discretion — Approach to financial needs of former wife and current wife — Matrimonial Causes Act 1973, s 31(7B)(as inserted by Family Law Act 1996, s 66(1), Sch 8, paras 1, 16 and amended by Welfare Reform and Pensions Act 1999, s 19, Sch 3, paras 1, 7)
Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95
31/03/10

Divorce — Ancillary relief — Lump sum award — Parties entering into ante-nuptial contract — Marriage subsequently breaking down — Judge awarding husband lump sum to meet his needs — Whether contract given sufficient weight in calculating settlement — Matrimonial Causes Act 1973, s 25 (as substituted by Matrimonial and Family Proceedings Act 1984, s 3)
Radmacher (formerly Granatinoú) v Granatino; [2009] EWCA Civ 649
[2009] WLR (D) 227
02/07/09

Financial provision — Leave to apply — Foreign decree — Duty upon court to consider whether England and Wales appropriate venue for application — Whether leave to apply to be granted — Matrimonial and Family Proceedings Act 1984, s 16
Akinnoye Agbaje v Akinnoye Agbaje [2009] EWCA Civ 1; [2009] WLR (D) 11
20/01/09

Financial provision — Avoidance of transaction intended to prevent or reduce financial relief — Transfer of former matrimonial home by husband to third party — Third party giving charge to bank as security for advances — Wife having registered statutory home rights — Whether court having power to set aside transaction and charge — Matrimonial Cause Act 1973, s 37(3)
Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2009] WLR (D) 2
19/12/08

Financial provision — Ancillary relief — Judge hearing financial dispute resolution — Consent order not comprehensive — Whether judge debarred from deciding subsidiary issues — Family Proceedings Rules 1991, r 2.61E(2)
Myerson v Myerson; [2008] WLR (D) 385
[2008] WLR (D) 385
11 /12/08

Marriage — Capacity to marry — Vulnerable adult habitually resident in England — Married in telephone ceremony to Bangladeshi bride — Marriage valid according to Bangladeshi law — Local authority seeking declaration as to capacity to marry — Status of marriage
Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92
[2008] WLR (D) 92
19/03/08

Divorce — Ancillary relief — Lump sum award — All capital arising from wife’s pre-owned assets — Whether equal division of assets appropriate — Matrimonial Causes Act 1973, s25 (as substituted by Matrimonial and Family Proceedings Act 1984, s3)
B v B (Ancillary Relief: Distribution of Assets) [2008] EWCA Civ 543; [2008] WLR (D) 90
[2008] WLR (D) 90
19/03/08

Financial provision — Agreement —Wife re-marrying shortly thereafter —Whether re-marriage constituting event invalidating consent order
Marchant v Dixon [2008] EWCA Civ 11; [2008] WLR (D) 7
[2008] WLR (D) 7
24/01/08

Financial provision — Agreement — Husband agreeing to leave wife £100,000 in will in exchange for wife waiving entitlement to enforce periodical payments order — Provision in will annulled by husband’s subsequent remarriage — Whether agreement enforceable against husband’s estate following his death
Soulsbury v Soulsbury [2007] EWCA Civ 938
- [2008] 2 WLR 834
10/10/07

Financial provision — Lump sum — Special contribution — Proper approach — Matrimonial Causes Act 1973, s 25
Charman v Charman
[2007] WLR (D) 149
24/05/07

IMMIGRATION

Appeal — Leave to enter or remain — Claimant wrongly stating on application form that he had no criminal convictions — Secretary of State refusing application on ground false representations made — Whether claimant’s state of mind relevant — Whether refusal of leave mandatory in absence of dishonesty — Statement of Changes in Immigration Rules (1994) (HC 395), paras 320(7A)(7B), 322(1A)
Adedoyin v Secretary of State for the Home Department; [2010] EWCA Civ 773
[2010] WLR (D) 172
06// July 2010

Immigration rules — Validity — Applicants seeking leave to remain as graduates — Rules introducing substantive new criterion — Secretary of State considering and refusing applications under new rules — Whether applicants entitled to have applications determined under original rule — Immigration Rules (HC 607)
Pankina v Secretary of State for the Home Dept; [2010] EWCA Civ 719
[2010] WLR (D) 158
23/06/10

Appeal — Asylum — Refusal of claims for asylum and humanitarian protection — Whether statutory right of appeal in respect of asylum claim extending to humanitarian claim — Nationality, Immigration and Asylum Act 2002, s 83
FA (Iraq) v Secretary of State for the Home Department; [2010] EWCA Civ 696
[2010] WLR (D) 153
18/06/10

Leave to enter —Power of immigration officer to cancel visa or to refuse leave to enter —Visitor with visa granted overseas refused entry — Immigration officer offer cancelling visa on ground purpose of visit was not same as stated in visa — Whether immigration officer having power to cancel visa validly granted — Immigration Act 1971 (c 77), paras 2A(2) and (8) of Sch 2 — Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161), art 3 — Immigration Rules (HC395) para 320(5)
Regina (Boahen) v Secretary of State for the Home Office; [2010] EWCA Civ 585
[2010] WLR (D) 143
28/05/10

Deportation — Conducive to public good — Claimant living in United Kingdom since childhood with leave to remain — Claimant committing crimes while child and young adult — Claimant suffering from mental illness and detained in hospital — Circumstances in which claimant to be discharged from hospital — Whether deportation decision lawful while claimant undischarged — Whether appeal tribunal having jurisdiction to hear appeal from decision to deport — Whether deportation interfering with claimant’s Convention right to respect for private life — Immigration Act 1971, s 3(5)(a) — Mental Health Act 1983, ss 37, 41, 42(2) — Human Rights Act 1998, Sch 1, Pt I, art 8
Regina (MJ (Angola)) v Secretary of State for the Home Department; [2010] EWCA Civ 557
[2010] WLR (D) 132
20/05/10

Removal — Illegal entrant — Claims for human rights protection — No independent entitlement to remain — Danger arising from indiscriminate violence in country of return — Whether tribunal required to consider claimant’s safety at point of return
HH (Somalia) v Secretary of State for the Home Dept; [2010] EWCA Civ 42;
[2010] WLR (D) 107
23/04/10

Deportation — Conducive to public good — Home Secretary making deportation order on basis of migrant’s criminal convictions — Whether proportionate interference with Convention right to respect for private and family life — Human Rights Act 1998, Sch 1, Pit I, art 8
KB (Trinidad and Tobago) v Secretary of State for the Home Department; [2010] EWCA Civ 11
[2010] WLR (D) 9
22/01/10

Deportation — Conducive to public good — Migrant with indefinite leave to remain living in United Kingdom since early childhood — Migrant committing serious crimes while young adult — Home Secretary ordering deportation — Whether interfering with Convention right to respect for private and family life — Whether very serious reasons required for deportation — Whether made out — Human Rights Act 1998, Sch 1, Pt I, art 8
Illegal entrant — Decision to remove — Illegal entrant living in United Kingdom since early childhood committing offences while juvenile — Asylum application refused — Home Secretary seeking removal — Whether interfering with Convention right to respect for private and family life — Whether very serious reasons required for removal — Whether made out — Whether necessary for decision letter to state whether removal decision reached to prevent disorder or to maintain effective immigration control — Human Rights Act 1998, Sch 1, Pt I, art 8 —
JO (Uganda) v Secretary of State for the Home Department; [2010] EWCA Civ 10
[2010] WLR (D) 8
22/01/10

Immigration control — Requirement of self-sufficiency — Disability discrimination — Leave to enter and remain in UK with British spouse — Spouse sponsoring application disabled and living on disability living allowance — Leave refused on basis applicant and spouse unable to live without recourse to public fund — Whether requirement of self-sufficiency discriminating against disabled — Whether such discrimination disproportionate — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Immigration Rules (HC 395), para 281(v)
AM (Somalia) v Entry Clearance Officer; [2009] EWCA Civ 634
[2009] WLR (D) 226
01/07/09

Asylum — Deportation — Statutory Instrument creating presumption that those convicted of specified offences constituting danger to community irrespective of sentence imposed — Claimants convicted of specified offences and receiving custodial sentences — Home Secretary making deportation orders — Whether claimants committing “particularly serious crimes” rendering them “danger to the community” of United Kingdom — Whether Statutory Instrument ultra vires — Nationality, Immigration and Asylum Act 2002, s 72(1)–(6) — Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 33(2)
EN (Serbia) v Secretary of State for the Home Department; [2009] EWCA Civ 630
[2009] WLR (D) 213
26/06/09

Asylum — Fresh claim — Claimant making unsuccessful claim for asylum — Claimant and others corresponding with Secretary of State further to refusal of leave to appeal to Immigration Appeal Tribunal — Whether correspondence amounted to “further submissions” so as to trigger requirement to consider whether fresh claim — Statement of Changes in Immigration Rules 1994 (HC 395), r 353
R (AK (Sri Lanka)) v Secretary of State for the Home Department; [2009] EWCA Civ 447
[2009] WLR (D) 198
17/06/09

Asylum — Subsequent application — Asylum claimants making asylum applications further to initial claims being rejected — Subsequent claims undetermined more than one year later — Claimaints making applications for permission to work — Whether claimants within ambit of Council Directive laying down minimum standards for reception of asylulm seekers — Council Directive 2003/9/EC, art 11(2)
R (MM (Burma) and another) v Secretary of State for the Home Department; [2009] EWCA Civ 442
[2009] WLR (D) 166
20 May 2009

Refusal of entry — Overstayer living under assumed name for 23 years after evading deportation — Whether entitled to indefinite leave to remain under Immigration Rules — Whether extra-statutory concession to be taken into account — Statement of Changes in Immigration Rules (1994) (HC 395), para 276B
FH (Bangladesh) v Secretary of State for the Home Department; [2009] EWCA Civ 385
[2009] WLR (D) 153
13/05/09

Asylum — Deportation — EEA national serving sentence of imprisonment in United Kingdom — Whether time in prison counting towards continuous period of ten years’ residence in UK so as to preclude deportation in absence of imperative grounds of public security — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 21(4)(a)
HR (Portugal) v Secretary of State for the Home Department [2009] EWCA Civ 371; [2009] WLR(D) 144
05/05/09

Asylum — Fear of persecution — Ethiopian of Eritrean origin fearing loss of Ethiopian nationality if entering Ethiopia — Applicant failing to obtain documentation from embassy — Whether establishing refugee status — Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 1(A)(2).
MA (Ethiopia) v Secretary of State for the Home Department; [2009] WLR (D) 121
02/04/09

Asylum — Refusal of treatment — Charges for treatment — Failed asylum seeker in need of medical treatment — Whether “ordinarily resident” — Whether having “resided lawfully” in United Kingdom for defined term — Whether entitled as of right or by way of discretion to free National Health Service treatment — National Health Service (Charges to Overseas Visitors) Regulations 1989 (SI 1989/306), regs 1(2), 2, 4 (as amended) — National Health Service Act 1977, ss 1(2), 121
R (A) v Secretary of State for Health [2009] EWCA Civ 225; [2009] WLR (D) 113
30/03/09

Appeal — Leave to enter and remain — Order for deportation as conducive to the public good — Immigration judge finding “no insurmountable obstacles” to wife’s following deportee abroad — Whether judge taking account of rights of wife and children to respect for family life — Whether constituting proper assessment of proportionality — Human Rights Act 1998, Sch 1, Pt I, art 8
AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240; [2009] WLR (D) 112
26/03/09

Asylum — Proscribed organisation — Member of such an organisation providing humanitarian nursing assistance to members — Whether guilty of acts contrary to purposes and principles of United Nations — Whether thereby excluded from protection vouchsafed by Refugee Convention — Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 1F(c)
MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109
24/03/09

Asylum — Intention to stay as refugee — Claimants practising homosexuals from Iran and Cameroon — Claimants refused asylum on ground no well-founded fear of persecution in country of origin — Test to be applied when determining whether homosexual person entitled to refugee status — Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 1A(2)
HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87
10/03/09

Deportation — Refusal to revoke deportation order — Claimants’ human rights and asylum claims rejected — Deportation order made — Claimants seeking revocation of order but making no fresh claim — Right of Appeal — Whether exercisable from within United Kingdom — Nationality, Immigration and Asylum Act 2002, ss 92(1)(4)(a), 113
R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department [2009] EWCA Civ 119; [2009] WLR (D) 77
27/02/09

Appeal — Indefinite leave to remain —Bangladeshi national entering United Kingdom on visitor’s visa and overstaying — Application for indefinite leave to remain on ground of long residence refused — Whether in public interest to refuse leave — Legal and evidential status of Home Office guidance to officials on implementation of immigration rules — Statement of Changes in Immigration Rules (1994) (HC395), r 276B, 395C
Hussain (Zakir) v Secretary of State for the Home Department; [2009] EWCA Civ 8; [2009] WLR (D) 10
19/01/09

Immigration control — Leave to enter or remain — Separation of family likely result of application of lawful immigration control — Whether disproportionate interference with family life — Whether necessary for applicant to show serious obstacles or difficulties going beyond matters of choice or convenience — Human Rights Act 1998, Sch 1, Pt I, art 8
VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7
16/01/09

Asylum —Child — Unaccompanied child seeking asylum — Asylum refused and removal directions given — Appeal allowed as removal would interfere with claimant’s private life and doubt as to adequacy of reception facilities in Vietnam — Whether adequacy of reception facilities to be determined solely by Secretary of State or also by immigration judge — Human Rights Act 1998, Sch 1, Pt I, art 8
CL (Vietnam) v Secretary of State for the Home Department
[2008] WLR (D) 381
10/12/08

Refusal of entry — Sponsor — Prospective entrants seeking clearance to join various classes of family member — Third parties offering to contribute to entrant’s support in United Kingdom — Whether third party support to be included in calculating adequate support — Immigration Rules (HC 395), r 297(v), 281(v), 317(v)
AM (Ethiopia) and others v Entry Clearance Officer [2008] EWCA Civ 1082
[2008] WLR (D) 329
16/10/08

Asylum — Illegal entrant — Claimant arriving in United Kingdom on false papers and using two identities — Tribunal refusing claimant asylum partly on ground that his credibility damaged — Construction of statute — Whether tribunal’s assessment of credibility restricted by statute — Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 8(1)
JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260
[2008] WLR (D) 260
28/07/08

Appeal — Removal — Secretary of State ordering expulsion of EEA national on grounds of public policy — Claimant with right to reside having committed robberies — Immigration tribunal and judge on reconsideration not assessing seriousness of propensity to commit robberies— Whether Court of Appeal having jurisdiction to pursue point of general importance not raised below— Whether threatened future criminal conduct sufficiently serious threat to society to justify expulsion — Immigration (European Economic Area) Regulations 2006 (SI No 1003 of 2006), reg 21 — Citizens Directive 2004/38/EEC (OJ 29/06/2004 L229, p35)
Bulale v Secretary of State for the Home Department.[2008] EWCA Civ 808; [2008] WLR (D) 238
[2008] WLR (D) 238
11/07/08

Limited leave to enter — Application to extend stay — Students wishing to changes courses or re-sit examinations —- Tribunal finding students confined to course for which leave granted and making passing of examination requirement of any extension — Whether rules confining student to single course of study — Whether failure of examinations negating satisfactory progress — Immigration Rules (HC 395), r 60
GO and others v Secretary of State for the Home Department [2008] EWCA Civ 747; [2008] WLR (D) 225
[2008] WLR (D) 225
01/07/08

Asylum — Internal relocation — Claimant seeking protection in United Kingdom on humanitarian grounds — Claimant having been subjected to harsh and degrading treatment in country of origin — Relocation in country of origin inadequate to protect claimant — Tribunal failing to consider claimant’s particular case — Whether claimant entitled to humanitarian protection — Refugee Or Person In Need Of International Protection (Qualification) Regulations 2006 (SI 2006/2525)
AA (Uganda) v Secretary of State for the Home Office [2008] EWCA Civ 579; [2008] WLR (D) 170
[2008] WLR (D) 170
22/05/08

Asylum — Political opinion — Iranian soldier deserting following order to lay land mines during peacetime — Whether action so ordered constituting gross violation of human rights and atrocity
BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159
[2008] WLR (D) 159
20/05/08

Asylum — Illegal entrant — Claimant entering United Kingdom illegally and claiming asylum having previously made claim in Greece —Immigration Service proposing to return claimant to Greece — Statutory deeming provision preventing Home Secretary from considering whether claimant’s return would contravene Convention rights — Whether provision incompatible with Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Asylum and Immigration (Treatment of Claimants etc) Act 2004, Sch 3, Pt 2, para 3(2)
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464
[2008] WLR (D) 150
14/05/08

Appeal — Leave to enter and remain — Application to remain as postgraduate doctor under rules favourable to applicant — Change in immigration rules after date of application restricting scope of applications — Secretary of State considering and refusing application under new rules — Whether new rules having retrospective effect — Whether decision lawful – Statement of Changes in Immigration Rules 2006 (HC 1016)
MO (Nigeria) v Secretary of State for Home Office
[2008] WLR (D) 107
10/04/08

Deportation — Conducive to public good — Deportation orders made by Secretary of State on ground of national security — Appeal to Special Immigration Appeals Commission —Whether real risk of torture on return — Whether assurances by receiving state sufficient to ensure safety on return — Human Rights 1998, Sch 1, Pt I, art 3
AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104
[2008] WLR (D) 104
09/04/08

Deportation — Conducive to public good — Deportation order made by Secretary of State on ground of national security — Appeal to Special Immigration Appeals Commission — Whether risk of unfair trial on return in breach of Convention right — Application of test of flagrant denial of justice to risk of torture — Human Rights 1998, Sch 1, Pt I, art 6
Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290
- [2008] 3 WLR 798
09/04/08

Appeal — Entry clearance — Claimants refused entry clearance — Appeal taking some time to be heard — Claimants in meantime suffering changed circumstances — Whether appeal tribunal able to consider circumstances arising after date of refusal — Whether consideration confined to circumstances appertaining at time of decision to refuse entry — Nationality, Asylum and Immigration Act 2002, ss 82(1), 85(4)(5)
AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149
[2008] WLR (D) 67
29/02/08

Asylum — Appeal — Statutory review or judicial review — Direction that judicial review hearing take place before statutory review — Listing mistake resulting in final determination under statutory review — Whether judicial review appropriate — Whether court to set aside final determination — Nationality, Immigration and Asylum Act 2002 , s 103A (as inserted by section 26(6) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004)
R(AM)(Cameroon) v Asylum and Immigration Tribunal (No 2) , Secretary of State for the Home Department as interested party [2008] EWCA Civ 100
[2008] WLR (D) 57

Refusal of entry — Mother or grandmother — Applicant separated from husband and seeking admission to UK as dependent mother over 65 of man present and settled in UK — Whether applicant’s position to be treated analogous to that of widow — Immigration Rules (HC 251), para 317(i)
MB (Somalia) v Entry Clearance Officer: 20 February 2008 [2008] EWCA Civ 108
[2008] WLR (D) 54
20/02/08

European Union citizen — Other family members — Right of European Union citizen to move to United Kingdom — Duty to facilitate entry and residence of dependant or member of household of citizen “in country from which they have come”to member state to which citizen had moved — Whether applicable only to other family members who had been dependant or member of household in EEA state from which citizen had moved — Council Regulation (EEC) No 1612/68, art 10(2) — Parliament and Council Directive 2004/38/EC, art 3(2)(a)
KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same [2008] EWCA Civ 13
[2008] WLR (D) 11
25/01/08

INDUSTRIAL AND PROVIDENT SOCIETIES

Transfer of engagements between societies — Contract — Transferee society seeking to claim for breach of building contract entered into by transferor society — Contract prohibiting assignment without consent — Whether transfer overriding contractual prohibition — Industrial and Provident Societies Act 1965, s 51(1)
Stansell Ltd and another v Co-operative Group (CWS) Ltd [2006] EWCA Civ 538
[2006] WLR (D) 120
09/05/06

INDUSTRIAL RELATIONS

Employment tribunals — Review of decision — Employment tribunal rejecting claim form for procedural non-compliance — Application for review in interests of justice and on ground of administrative error — Whether tribunal wrong to determine review solely on consideration of administrative error — Whether review tribunal bound by finding of fact made by employment judge at earlier pre-hearing review relating to second claim form — Whether consideration of issue estoppel appropriate — Employment Tribunals (Constitution and Rules of Procedure) Rules 2004 (SI 2004/1861), Sch 1, rr 18, 34
Francois v Hutchinson 3G UK Ltd; [2009] EWCA Civ 405
[2009] WLR (D) 154
14/05/09

Employment Appeal Tribunal — Procedure — Employment tribunal issuing certificate of correction substantially changing originally promulgated decision — Employment Appeal Tribunal reinstating original decision and remitting to tribunal without direction — Whether certificate of correction exceeding slip rule embargo — Whether Employment Appeal Tribunal's decision error of law — The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, sch 1, para 37(1)
Bone v Newham London Borough Council [2008] EWCA Civ 435
[2008] WLR (D) 134
30/04/08

INJUNCTION

Trespass — Order for possession — Demonstrators setting up camp on square opposite Parliament — Land vested in Crown but local authority responsible for control and management functions — Mayor on behalf of local authority applying for possession order and injunction requiring defendants to leave square — Whether mayor having right to claim possession — Whether injunction breaching defendants’ Convention rights — Whether different considerations applying to long-standing protester — Greater London Authority Act 1999, ss 384, 385 — Human Rights Act 1998, Sch 1, Pt I, arts 10, 11
Mayor of London (on behalf of the Greater London Authority) v Hall and others; [2010] EWCA Civ 817
[2010] WLR (D) 195
16/07/10

Jurisdiction to grant — Restraint of foreign proceedings — Claimant obtaining High Court damages award in England against foreign companies — Judgment debtors issuing proceedings in Yemen seeking to avoid liability under English judgment — Judgment creditor seeking anti-suit injunction — Whether necessary to establish separate cause of action — Whether jurisdiction to grant injunction
Masri v Consolidated Contractors International Co SAL and another (No 3) [2008] EWCA Civ 625
[2008] WLR (D) 184
06/06/08

INSOLVENCY

Administration order — Distribution of assets — Funds held in segregated trust account — Whether funds held in respect of all account holders for whom payments should have been made — Whether “deposits” limited to its regulatory meaning
Brazzill and others v Willoughby and others; [2010] EWCA Civ 561
[2010] WLR (D) 140
27/05/10

Administration order — Distribution of assets — Administrators of bank obtaining permission to make distribution to depositors — Some depositors also owing future debts to bank — Administrators seeking directions as to application of set-off provisions — Whether balance due from depositor to bank to be paid in amount discounted to present value or in equivalent undiscounted amount — Insolvency Rules 1986 (SI 1986/1925), rr 2.85, 2.105 (as substituted by Insolvency (Amendment) Rules 2003 (SI 2003/1730), Sch 1, para 9 and Insolvency (Amendment) Rules 2005 (SI 2005/527), rr 9, 14(1))
In re Kaupthing Singer & Friedlander Ltd (in administration); [2010] EWCA Civ 518
[2010] WLR (D) 119
11/05/10

Winding up — Anti-deprivation rule — Contractual provisions switching priority and changing allocation of costs on insolvency — Determination of licence agreement and option to acquire shares on insolvency — Whether provisions contrary to principle that insolvent’s assets available for distribution among creditors — Whether valid
Perpetual Trustee Co Ltd and another v BNY Corporate Trustee Services Ltd and another; [2009] EWCA Civ 1160
[2009] WLR (D) 322
06/11/09

Company in administration — Assets — Foreign judgment attaching property of company abroad — Whether court having jurisdiction to grant injunctive relief affecting foreign proceedings
Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another; [2009] EWCA Civ 632 [2009] WLR (D) 211
26/06/09

Winding up — Petition — Local council’s petition against company following statutory demand for unpaid council tax — Cross-claim by company — Whether company should have previously asserted or litigated cross-claim — Whether cross-claim genuine and serious — Whether petition to be granted
Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147
06/05/09

Winding up — Disclaimer of lease — Original lessee guaranteeing future performance of tenant covenants by assignee — Guarantee expressed to remain in force for period during which assignee bound by tenant covenants — Assignee company becoming insolvent — Disclaimer by liquidator — Whether original tenant liable under guarantee for continuing rent arrears to lessor — Insolvency Act 1986, s 178(4)
Doleman v Shaw [2009] EWCA Civ 283; [2009] WLR (D) 115
01/04/09

INSURANCE

Contract — Condition — Policy containing condition requiring assured to notify insurers of circumstances potentially giving rise to claim — Whether requirement for notification “as soon as practicable” binding — Whether circumstances notifiable when only raising possibility of claim
HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others [2008] EWCA Civ 1206; [2008] WLR (D) 344
[2008] WLR (D) 344
05/11/08

Liability insurance — Notification requirements — Insured failing to comply with notification requirements — Insurer initially dealing with claim before rejecting it — Whether insurer discharged from liability in respect of claim — Whether doctrine of election applying — Whether insurer’s initial conduct constituting election to waive insured’s failure and accept claim
Kosmar Villa Holidays plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147
- [2008] Bus LR 931
29/02/08

Reinsurance — Construction — Same or equivalent wording in reinsurance and underlying insurance — Whether having same meaning in both contracts
Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150
- [2008] BusLR 1029
29/02/08

INTEREST

Award of damages — Delay — Error on invoices — Whether error excluding possibility of award of interest — Late Payment of Commercial Debt (Interest) Act 1998, ss 4(5), 5
Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs (No 3) [2009] EWCA Civ 97; [2009] WLR (D) 75
27/02/09

INTERNATIONAL LAW

State immunity — Foreign judgment — Claimant obtaining New York judgment against foreign state — Claimant bringing claim in England on judgment debt — Statutory provision allowing for recognition of judgment of foreign court where court would have had jurisdiction on basis of rules applicable in United Kingdom — Whether provision jurisdictional — Whether applicable only if statutory exception to state immunity applying — Whether permission to serve claim form outside jurisdiction given on mistaken basis — State Immunity Act 1978, ss 1, 3, 12 — Civil Jurisdiction and Judgments Act 1982, s 31(1) — CPR r 6.20(9)
NML Capital Ltd v Republic of Argentina; [2010] EWCA Civ 41
[2010] WLR (D) 28
04/02/10

JUDICIAL PRECEDENT

Court of Appeal decision — How far binding — Decision of Court of Appeal inconsistent with subsequent decision of European Patent Office Board of Appeal — Whether Court of Appeal to follow earlier Court of Appeal decision — Whether matter to be referred to House of Lords — Whether Court of Appeal entitled to depart from ratio decidendi of its own earlier decision
Actavis UK Ltd v Merck & Co Inc [2008] EWCA Civ 444; [2008] WLR (D) 168
[2008] WLR (D) 168
21/05/08

JUDICIAL REVIEW

Judicial review — Court’s jurisdiction — Upper Tribunal — Tribunal “superior court of record” — Tribunal refusing permission to appeal to itself — Decision unappealable — Whether tribunal alter ego of High Court — Whether decisions susceptible to judicial review — Tribunals, Courts and Enforcement Act 2007, s3(5)
Regina (Cart) v Upper Tribunal (Public Law Project intervening) [2010] EWCA Civ 859; [2010] WLR (D) 198
23/07/10

Revenue and Customs — Statutory notice — Revenue seeking payment of balance between deemed amount of PAYE due and sum actually due — Revenue accepting taxpayer’s payment — Revenue failing to apply own equitable liability practice — Taxpayer making every effort to settle — Taxpayer resorting to bringing judicial review claim — Revenue refusing to pay taxpayer’s costs of bringing claim — Judge refusing permission to bring claim and making costs order in favour of revenue — Whether revenue’s actions susceptible to challenge — Whether judicial review appropriate remedy
Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92
31/03/10

Crown — Prerogative power — Secretary of State refusing application for nationality — Relevant material not disclosed to applicant on grounds of public interest — Whether appointment of special advocate necessary
R (AHK and Others) v Secretary of State for the Home Department [2009] EWCA Civ 287; [2009] WLR (D) 116
02/04/09

Public authority — Legitimate expectation — Ex gratia scheme to compensate victims of miscarriages of justice — Withdrawal of scheme without consultation or prior notice — Statutory scheme continuing with reduced level of legal costs — Solicitors specialising in miscarriage of justice compensation cases and victims with claims not yet submitted seeking judicial review — Whether legitimate expectation of consultation prior to change of policy — Whether withdrawal of scheme and reduction in fees without notice unfair
R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department [2008] EWCA Civ 755
[2008] WLR (D) 233
09/07/08

Ex gratia compensation scheme — Scope of scheme — Minister’s policy statement introducing scheme to compensate those detained in custody following wrongful conviction or charge — Whether applicable to detention pursuant to failed extradition proceedings — Appropriate test in interpreting ministerial policy statements
R (Raissi) v Secretary of State for the Home Department [2008] EWCA Civ 72
- [2008] 3 WLR 375
14/02/08

JUSTICES

Powers — Costs — Successful defendant in forfeiture proceedings applying for costs — Proceedings reasonably brought by police in public interest — Whether magistrates’ court entitled to make no order as to costs — Magistrates’ Courts Act 1980, s 64(1)
R (Perinpanathan) v City of Westminster Magistrates' Court and another; [2010] EWCA Civ 40
[2010] WLR (D) 26
04/02/10

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