In
this section: OCCUPIERS’ LIABILITY | PARTNERSHIP | PATENT| PLANNING | POLICE | PRACTICE
| PRISONER | PRISONS | PROBATE | RESTITUTION | RESTRAINT OF TRADE | REVENUE
| ROAD TRAFFIC | SALE OF GOODS |SHIPPING | SOCIAL SECURITY | SOLICITOR
| STATUTORY INSTRUMENT | TAX AVOIDANCE | TERRORISM | TORT | TORT OF BATTERY | TRADE MARK | TRADE UNION
| TRUST OF LAND | TRUSTS | VICARIOUS LIABILITY
|
|
Trespasser — Fire escape — Claimant child trespasser climbing external metal fire escape of hospital building injured by fall — Hospital trust aware of children playing in hospital grounds and coming into vicinity of fire escape — Whether risk of injury by reason of danger due to state of premises — Whether owing duty to claimant — Occupiers’ Liability Act 1984, s 1(1)(a)(3)
Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39
- [2006] 1 WLR 953
02/02/06
|
| PARTNERSHIP |
Dissolution — Undistributed
assets — Partners contributing unequally to partnership assets — Defendant
continuing with business on claimant leaving partnership — Claimant subsequently
winding up partnership — Whether entitled to equal share in post-dissolution
revenue profits — Partnership Act 1890, ss 42(1), 44
Sandhu
v Gill [2005] EWCA Civ 1297 - [2006] 2 WLR 8
2/11/05
|
| PATENT |
Exclusion from patentability — Computer program — Technical invention for better accessing dynamic link libraries used as means of storing functions common to different computer programs — Whether invention excluded from patentability as being computer program as such — Patents Act 1977 (c 37), s 1(2)(c)
Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066; [2008] WLR (D) 310
[2008] WLR (D) 310
08/10/08
Practice — Stay of concurrent proceedings — Parallel opposition and revocation proceedings in EPO and Patent Court — Defendants seeking stay of domestic proceedings — Guidance on court’s approach
Glaxo Group Ltd v Genentech Inc and another [2008] EWCA Civ 23
[2008] WLR (D) 21
31/01/08
Practice — Disclosure — Claim for infringement of patents — Defendant alleging patents invalid on ground of obviousness — No issue of commercial success or long-felt want — Defendant’s application for disclosure of documents concerning making of invention — Whether disclosure to be granted — CPR rr 31.6, 31.7
Nichia Corpn v Argos Ltd [2007] EWCA Civ 741
[2007] WLR(D) 204
19/07/07
|
| PLANNING |
| Planning permission — Judicial review — Apparent bias or predetermination on part of planning authority in making decision — Whether decision to be quashed
R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216
[2008] WLR (D) 216
02/07/08
Development — Green Belt land — Gipsy occupying mobile home on own land in breach of planning control and seeking retrospective planning permission — Permission refused as inappropriate use of land and no special circumstances to justify departure from usual Green Belt policy — Inspector granting temporary planing permission — Permission quashed on appeal — Whether loss of gipsy home capable of constituting very special factor in law — Whether protection of homes of gipsies capable of outweighing public value of protecting Green Belt — Planning Policy Guidance Note 2 — Circular 01/2006
R (Wychavon District Council) v Secretary of State for Communities and Local Government and others [2008] EWCA Civ 692; [2008] WLR (D) 201
[2008] WLR (D) 201
23/06/08
Purchase notice — Effect of multiple notices — Whether claimant limited to one notice at a time — Whether claimant having right to amend purchase notice — Whether subsequent notice invalidating previous notice — Whether notice to be deemed confirmed if not forwarded to Secretary of State — Town and Country Planning Act 1990 (c 8), ss 137, 139, 143
White v Herefordshire Council [2007] EWCA Civ 1204
- [2008] 1 WLR 954
21/11/07
Planning control — Breach — Local authority issuing stop notices requiring gipsies to cease using own land for stationing caravans and human habitation — Stop notice provision applying to use of residential caravans but exempting dwelling houses — Indirect discrimination against gipsies and Irish travellers — Whether differential treatment justified — Whether incompatible with Convention — Town and Country Planning Act 1990, s 183(4) (as amended by Planning and Compensation Act 1991, s 9) — Human Rights Act 1998, s 4, Pt I, Sch 1, art 14
R (Wilson) v Wychavon District Council and another [2007] EWCA Civ 52
[2007] WLR (D) 19
06/02/07
Enforcement — Validity — Failure to comply with condition restricting change of use to use as a single dwelling-house — Whether breach governed by four-year or ten-year time-bar — Town and Country Planning Act 1990, s 171B(2),(3), as inserted by Planning and Compensation Act 1991, s 4
First Secretary of State v Arun District Council and another [2006] EWCA Civ 1172 -
[2007] 1 WLR 523
11/08/06
Planning control — Breach —Occupation of land by gipsy caravans
without planning permission — Local authority granted injunction to prevent
further occupation of site by others pending determination of planning applications
— Other caravans moving onto site in breach of injunction and planning control
— Further injunction against persons unknown granted — Committal proceedings
for contempt of court against person moving on to site in breach of further injunction
— Proper approach to breach of injunction against persons unknown
South
Cambridgeshire District Council v Gammell;
Bromley London Borough Council
v Maughan
- [2006] 1 WLR 658
31/10/05
|
| POLICE |
Right of search — Premises — Police entering and searching claimant’s premises — Police wrongly believing premises “occupied or controlled” by person under arrest — Premises having no connection with suspect — Whether reasonable belief of police that premises occupied or controlled by suspect sufficient — Whether entry and search unlawful — Police and Criminal Evidence Act 1984, s 18 (as amended by Serious Organised Crime and Police Act 2005, s 111, Sch 7, Pt 3)
Khan v Commissioner of Police of the Metropolis
[2008] WLR(D) 182
04/06/08
Powers — Persons in custody — Custody officer having sufficient evidence to charge suspect — Whether officer having power to detain suspect in order to refer case to Crown Prosecutor for charging decision — Police and Criminal Evidence Act 1984, ss 37(7), 37A (as amended by Criminal Justice Act 2003, s 28, Sch 2, para 2)
R (G) v Chief Constable of West Yorkshire Police [2008] EWCA Civ 28
- [2008] 1 WLR 550
05/02/08
Powers — Breach of the peace — Demonstration in central London converging on small area from adjoining streets — Police cordon preventing both demonstrators and innocent third parties from leaving for several hours — Whether false imprisonment — Whether lawful — Whether deprivation of liberty — Human Rights Act 1998, Sch 1, Pt I, art 5
Austin and another v Commissioner of Police of the Metropolis: [2007] EWCA Civ 989
- [2008] 1 WLR 1376
15/10/07
Powers — Dispersal of groups — Authorisations in existence — Protests taking place not within original contemplation of authorisations — Whether authorisations to be relied upon — Anti-social Behaviour Act 2003, s 30
R (Singh) v Chief Constable of West Midlands Police -
[2006] 1 WLR 3374
28/07/06
Powers — Dispersal of Groups — Police Commissioner designating dispersal areas — Officers authorised to remove persons under 16 from areas — Whether power of removal permissive or coercive — Anti-Social Behaviour Act 2003, s 30(6)
R (W) v Commissioner of Police of the Metropolis and another, Secretary of State for the Home Department, interested party [2006] EWCA Civ 458
[2006] WLR (D) 123
11/05/06
Duties — Law enforcement — Police authority providing police officers to attend at music festival — Whether “special police services” provided “at the request of” festival promoters — Whether police authority entitled to charge for attendances — Police Act 1996, s 25(1)
West Yorkshire Police Authority v Reading Festival Ltd [2006] EWCA Civ 524
- [2006] 1 WLR 2005
3/05/06
|
| PRACTICE |
Judgment, enforcement of — Corporate judgment debtor — Order for “officer of that body” to attend court — Judgment creditor’s application to examine persons abroad about foreign corporate judgment debtor’s means — Whether jurisdiction to grant order against officer abroad— Whether director of corporate director of judgment debtor “officer of that body” — CPR r 71.2 — Council Regulation (EC) No 44/2001, art 2
Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261
[2008] WLR (D) 261
28/07/08
Parties — Joinder — Beneficiary of estate bringing proceedings in personal capacity within limitation period — Beneficiary applying to amend proceedings in order to continue in both personal capacity and as a derivative action on behalf of estate — Whether application in nature of change of capacity or addition of new party — Whether personal representative required to be joined as party to derivative claim — CPR r 19.5
Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239
[2008] WLR (D) 239
15/07/08
Discovery — Commercially sensitive documents — Confidentiality ring established for disclosure in High Court proceedings — One party’s lawyers also acting in regulatory and tribunal proceedings involving same parties — Whether disclosure to be restricted to lawyers not acting in other proceedings — CPR r 31.22
Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612
[2008] WLR (D) 183
06/06/08
Claim form — Service out of jurisdiction — Claimant seeking to serve claim on defendant in Lugano Convention country — Claim form not served in accordance with foreign law but defendant aware of claim — Whether power to make order dispensing with service — Whether exceptional case — Civil Jurisdictions and Judgments Act 1982, s 3A, Sch 3C (as inserted by Civil Jurisdiction and Judgments Act 1991, s 1, Sch I) — CPR r 6.9
Olafsson v Gissurarson [2008] EWCA Civ 152
- [2008] 1 WLR 2016
03/03/08
Discovery — Privilege — Witness statement containing bare reference to privileged document— Claimants seeking order for inspection of document — Whether document “mentioned” in witness statement — Whether legal professional privilege automatically waived — CPR rr 31.14(1), 19(1)(4)(b)
Expandable Ltd and others v Rubin [2008] EWCA Civ 59
- [2008] 1 WLR 1099
11/02/08
Pleadings — Striking out — Abuse of process — Claimant bringing successful action against defendants for breach of undertaking — Claimant subsequently bringing claims against same defendants alleging different causes of action arising out of same background facts — Whether second action abuse of process — Whether merits of second action relevant to question of abuse — Whether delay in bringing second action relevant
Stuart v Goldberg Linde and another [2008] EWCA Civ 2
- [2008] 1 WLR 823
17/01/08
Discovery — State immunity — Claimant seeking discovery of information from bank concerning unallocated account held by foreign central bank — Whether central bank entitled to state immunity — Whether immunity extending to bank as agent of central bank — Whether discovery appropriate
Koo Golden East Mongolia v Bank of Nova Scotia and others
- [2008] 2 WLR 1160
19/12/07
Case management— Abuse of process — Two claimants bringing actions against building company in respect of damage to adjacent buildings— Part 20 claims made by defendant against engineering and environmental specialists —Claimant with smaller claim pursuing only construction company and insurers—Compromise of original action—Claimant with smaller claim bringing separate action in respect of same damage against engineering and environmental specialists—Whether abuse of process
Aldi Stores Ltd v WSP Group plc and others [2007] EWCA Civ 1260
- [2008] 1 WLR 748
28/11/07
Claim form — Service — Claimant obtaining extension of time to serve claim form — Claimant informing defendant of issue of claim form enclosing copy for information only — Defendant applying to set aside extension of time — Defendant subsequently acknowledging service without contesting jurisdiction — Whether application to set aside extension of time for service sufficient to challenge jurisdiction — CPR rr 11(1)(5)
Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203
- [2008] 1 WLR 806
21/11/07
Discovery — Privilege against self-incrimination — Actions for recovery of debt — Claimant seeking disclosure in support of proceedings to attach debts owed by third parties to defendant — Third parties invoking privilege against self-incrimination in respect of disclosure of information relating to alleged bribes — Whether proceedings for recovery of debt “proceedings relating to property” — Whether bribery “related offence” to that of fraud — Fraud Act 2006, s 13
Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others, third parties) [2007] EWCA Civ 1128
- [2008] 1 WLR 1144
07/11/07
Possession proceedings — Defence and counterclaim on substantial grounds — Defendant’s legal representative failing to serve check list or to attend case management hearing — Defence and counterclaim struck out and case listed for hearing as undefended — Refusal of application for relief from striking-out order — Whether refusal disproportionate — CPR r 55.8
Southwark London Borough Council v Onayomake
[2007] WLR (D) 271
19/10/07
Parties — Substitution — Claimant suffering severe brain damage after vaccination — Claimant bringing action against distributor of vaccine mistakenly believing it to be manufacturer — Distributor serving defence stating not manufacturer — Claimant applying after expiry of limitation period to substitute manufacturer for distributor as defendant — Whether substitution “necessary for determination of original action” — Whether substitution to be allowed — Limitation Act 1980, s 35 (4) (5) (6) — Council Directive 85/374/EEC, art 11
O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 966
- [2008] 1 WLR 1188
09/10/07
Claim form — Service out of jurisdiction — Claim to enforce foreign judgment against defendant resident abroad — Defendant having no assets within jurisdiction — Judge permitting service out of jurisdiction — Whether jurisdiction — Whether proceedings serving no useful purpose — Whether judge’s discretion properly exercised — CPR r 6.20(9)
Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799
[2007] WLR (D) 221
26/07/07
Pleadings — Joinder — Expiry of limitation period in libel action — Application to join two further claimants — Whether to be granted — Limitation Act 1980, s 35 — CPR r 19.5
Adelson and another v Associated Newspapers Ltd [2007] EWCA Civ 701
[2007] WLR(D) 195
09/07/07
Pleading — Claim for wrongful building design — Application for withdrawal of admission made in pre-action protocol and repeated in defence — Principles to be applied — Whether withdrawal permitted — CPR 17.1(2)(b).
White v Greensand Homes Ltd and another [2007] EWCA Civ 643
[2007] WLR(D) 178
28/06/07
Discovery — Privilege against self-incrimination — Search order of respondent’s premises — Respondent claiming privilege against self-incrimination before allowing search — Discovery of illegal material — Whether privilege applying to evidence not produced under compulsion
C plc and another v P (Attorney General intervening) [2007] EWCA Civ 493
- [2008] Ch D 1
22/05/07
Statement of case — Striking out — Non-compliance with “unless” order — Whether sanction automatically effective
Marcan Shipping (London) Ltd v Candida Corpn and another [2007] EWCA Civ 463
[2007] WLR (D) 133
17/05/07
Parties — Substitution — Claim by partnership against former partner for breach of restrictive covenants—Transfer of business and assets of partnership to company — Default judgment obtained against former partner —Application by company for substitution as a party — Whether order for substitution to be made after judgment — CPR, r 19.2
Dunwoody Sports Marketing v Prescott [2007] EWCA Civ 461
[2007] WLR (D) 132, CA Civ
17/05/07
Appeal — Permission to appeal — Counterclaim for inducement for breach of contract struck out as unsustainable on evidence — Application to Court of Appeal for permission to appeal — Whether “compelling reason” for allowing claim to go to trial — CPR r 24.2(b)
Sawyer v Atari Interactive Inc
[2007] WLR (D) 50
02/03/07
Appeal — Permission to appeal — County court judge refusing permission to appeal but directing any appeal to be heard by Court of Appeal — Proper procedure and court for granting permission to appeal and hearing appeal — CPR r 52.14
7E Communications Ltd v Vertex Antennentechnik GmbH [2007] EWCA Civ 140
[2007] WLR (D) 35
26/02/07
Claim form — Service — Parties orally agreeing extension of time for service outside period specified in Rules — Inconclusive evidence indicating agreement written — Whether entitlement to agree extension — Whether written agreement required — CPR rr 2.11, 7.5, 7.6
Thomas v Home Office [2006] EWCA Civ 1355
[2006] WLR (D) 248
19/10/06
Judgment — Application to set aside — Claimants obtaining judgment in defendant’s absence — Claim form incorrectly addressed and not received by defendant — Defendant unaware of proceedings — Scope of court’s discretion — Whether defendant entitled to have judgment set aside — CPR r 39.3
Nelson and another v Clearsprings (Management) Ltd
[2006] WLR (D) 232
22/09/06
Pleadings — Striking out — Claimant suffering personal injuries — Defendant making pre-action admission that liability would not be in issue — Proceedings commenced following withdrawal of admission — Whether part of defence putting liability in issue to be struck out — CPR rr 14.1(5), 3.4(2)
Walley v Stoke on Trent City Council
[2006] WLR (D) 213
31/07/06
Libel action — Jury trial — Complicated libel action to be tried by judge alone — Words complained of bearing range of defamatory meanings — Whether jury to decide particular defamatory meaning — Scope of court’s power to order questions of fact to be decided by jury — Supreme Court Act 1981, s 69(4)
Armstrong v Times Newspapers Ltd and others
[2006] WLR (D) 151
13/06/06
Claim form —Service — Proceedings issued in High Court — Documents served on defendants not including copy claim form — Defendants issuing proceedings in Switzerland — Whether High Court judge having power to dispense with service of copy claim form — Whether order to dispense effective to render English court “first seised” of proceedings — Civil Jurisdiction and Judgments Act 1982, Sch 3C (as inserted by s 1(3) of and Sch 1 to Civil Jurisdiction and Judgments Act 1991), art 21 — CPR r 6.9
Phillips and another v Symes and others [2006] EWCA Civ 654
[2006] WLR (D) 135
19/05/06
Order — Application to set aside — Defendants unaware of proceedings and absent from hearing at which possession order made — Whether “good reason” for failing to attend hearing — CPR r 39.3(5)(b)
Estate Acquisition and Development Ltd v Wiltshire and another [2006] EWCA Civ 533
[2006] WLR (D) 118
4/05/06
Parties — Mental capacity — Action for damages for personal injuries compromised by claimant before proceedings commenced — Subsequent lack of mental capacity leading to appointment of litigation friend — Whether valid approval of compromise — CPR Pt 21
Bailey v Warren [2006] EWCA Civ 151
[2006] WLR (D) 25
7/02/06
Joinder — Company bringing action to recover money without settling defendant’s costs incurred in Companies Court — Assignment of company's claim to another company — Joinder of assignee as co-claimant on condition of payment of costs incurred by company in Companies Court — Whether jurisdiction to stay action for failure to pay costs incurred — Whether winding up proceedings to be regarded as former action — CPR rule 3.4(4).
Investment Invoice Financing Ltd v Limehuse Board Mills Ltd
[2006] WLR (D) 9
18/01/06
Admission of liability — Pre-action admission — Claimant suffering personal injuries at defendant’s home &mdash Defendant’s solicitors admitting breach of duty and proposing settlement of contributory negligence issue — Offer to settle rejected — Proceedings commenced — Admission of liability withdrawn — Whether permission of court required for withdrawal of pre-action admission — CPR r 14. 1(5)
Sowerby v Charlton [2005] EWCA Civ 1610
- [2006] 1 WLR 568
21/12/05
Costs — Security for costs — Parties' agreement for security for costs — Party seeking court order for further security — Scope of court's discretion to vary security — Relevant principles — Arbitration Act 1996, s 70(6) — CPR rr 25.12, 25.13
Republic of Kazakhstan v Istil Group Inc
- [2006] 1 WLR 596
9/11/06
Appeal — Permission to appeal — Court of Protection — Application to Court of Appeal for permission to appeal — Whether permission required — Access to Justice Act 1999 (c22), s 54 — CPR r 52.3, Pt 52 Practice Direction, para 4
In re B (A Patient)(Court of Protection: Appeal): [2005] EWCA Civ 1293
- [2006] 1 WLR 278
1/11/05
Claim form — Service out of jurisdiction — Application to set aside Claimant's action against defendant domiciled in England — Claimant commencing second closely connected action against defendants domiciled in Greece — Whether Rnglish court having jurisdiction to entertain second action – Whether claimant entitled to serve Greek defendants out of jurisdiction — Whether service on Greek defendants to be set aside — Council Regulation (EC) No 44/2001, art 6(1)
Masri v Consolidated Contractors International (UK) Ltd and others
- [2006] 1 WLR 830
24/10/05
Appeal — Jurisdiction — Leapfrog procedure — Certificate granted to seek leave to appeal to House of Lords —Judge also granting permission to appeal to Court of Appeal if leave refused — House of Lords granting leave on one of two issues — Whether jurisdiction for Court of Appeal to hear appeal on other issue — Administration of Justice Act 1969, s 13(2)(a)
R (Jones and others ) v Ceredigion County Council: EWCA Civ 986
- [2005] 1 WLR 3626
28/07/05
Family Division — Chambers applications — Orders with respect to children — Litigant in person wishing McKenzie friend to be present — Whether such assistance to be permitted — Whether confidential information to be disclosed to litigant and friend
In re O (Children);
In re W-R (A Child);
In re W (Children)
- [2006] Fam 1; [2005] 3 WLR 1191
22/06/05
|
| PRISONER |
Release
on licence — Revocation — Prisoner's right to make representations —
Whether revocation provisions arbitrary — Whether right to liberty infringed
— Criminal Justice Act 1991, s 39 — Human Rights Act 1998, Sch 1, Pt
I, art 5
Roberts
v Secretary of State for the Home Department - [2006] 1 WLR 830
29/11/05
|
| PRISONS |
|
Prisoners’ rights — Release on licence — Indeterminate sentences for public protection — Courses necessary for demonstrating to Parole Board that detention no longer necessary for public protection — Whether Secretary of State’s failure to provide courses before expiry of tariff period lawful — Whether rendering continued detention unlawful — Whether prisoner to be released — Human Rights Act 1998 , Sch 1, Pt I, art 5(1)(4) — Criminal Justice Act 2003, s 225
R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30
- [2008] 1 WLR 1977
01/02/08
Prisoners’ rights — Release on licence — Parole Board deciding whether convicted prisoners to be released on licence — Whether board sufficiently independent from executive — Human Rights Act 1998, Sch 1, Pt I, art 5(4)
R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29
- [2008] 1 WLR 1950
01/02/08
Prisoners’ rights — Release on licence — Prisoner serving life sentence — Home Secretary giving Parole Board directions as to matters to be taken into account on review — Whether statutory power to issue directions impugning independence of board — Whether applicable only to board’s non-judicial functions — Crime (Sentences) Act 1997 (c 43), s 28(6)
Girling v Secretary of State for the Home Department
[2006] WLR (D) 312
21/12/06
Prisoner’s rights — Release on licence — Legislation at time of sentence entitling long-term prisoner to unconditional release after three quarters of fixed term — Prisoner released on licence recalled after new legislation in force — Whether re-released prisoner subject to licence until completion of term under new sentencing regime — Whether entitled to unconditional release — Criminal Justice Act 1991, s 33(3)— Criminal Justice Act 2003, s 254 — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Savings Provisions) Order 2005 (SI 2005/950), Sch 2, paras 19, 23
R (Stellato) v Secretary of State for the Home Department [2006] EWCA Civ 1639 -
[2007] 1 WLR 608
01/12/06
Prisoners’ rights – Release on licence – Prisoner’s recall following allegations of violence - Parole Board’s review ordering exclusion of prisoner from hearing – Whether exclusion lawful - Parole Board Rules 2004, r 19
R (Gardner) v Parole Board [2006] EWCA Civ 1222
[2006] WLR (D) 225
5/09/06
Prisoner’s rights — Release on licence — Revocation of discretionary life sentence prisoner’s licence — Whether statutory scheme for recall to prison compatible with right to liberty — Crime (Sentences) Act 1997, s 32 — Human Rights Act 1998, Sch I, Pt 1, art 5
R (Hirst) v Secretary of State for the Home Department and another [2006] EWCA Civ 945 - [2006] 1 WLR 3083
6/07/06
|
|
Practice — Inspection of will — Order for wills of two deceased members of royal family to be sealed up — Claimant applying to inspect wills — Application motivated by irrational and scandalous belief — Whether entitled to substantive hearing of application — Supreme Court Act 1981 (c 54), s 124 — Non-Contentious Probate Rules 1987 (SI 1987/2024), r 58
Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others [2008] EWCA Civ 56
[2008] WLR (D) 41
08/02/08 |
| RESTRAINT OF TRADE |
Employment — Financial services — Covenant restraining employees from providing advice to any client of the company — Employer company providing services to clients only through subsidiaries — Whether restrictions more than reasonably necessary for protection of employer — Whether restrictions enforceable — Whether unreasonable restrictions severable
Beckett Investment Management Group Ltd and others v Hall and others [2007] EWCA Civ 613
[2007] WLR(D) 181
28/06/07
|
| RESTITUTION |
Unjust enrichment — Change of position — Money paid into bank account — Bank paying away money to suspected fraudsters — Claim against bank for money had and received — Whether defence of change of position available
Abou-Rahmah v Abacha [2006] EWCA Civ 1492 - [2007] Bus LR 220
8/11/06
|
| REVENUE |
Capital gains tax — Group of Companies — Transfer of assets between companies in same group — Companies not “associated” at time of transfer but becoming so later — Companies together ceasing to be members of group — Whether transfer of assets between companies giving rise to capital gains charges — Whether exemption to charge applicable — Taxation of Chargeable Gains Act 1992, s 179(2)(10)
Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253
[2008] WLR (D) 253
23/07/08
Industrial and provident societies — Value added tax paid by society — Society later transferring its engagements — Whether transferee having right to claim refund of overpaid tax — Industrial and Provident Societies Act 1965, s 51— Value Added Tax Act 1994, s 80
Midlands Co-operative Society Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 305
[2008] WLR (D) 105
09/04/08
Corporation tax — Double taxation relief — Dividends paid by UK subsidiaries to parent companies in other member states — Whether group making group income election remaining entitled to tax credits under double taxation conventions — Income and Corporation Taxes Act 1988 (c 1), ss 231(1), 247, 788(3) — Double Taxation Relief (Taxes on Income) (Netherlands) Order 1980 (SI 1980/1961), Sch, art 10(3)(c) — Double Taxation Relief (Taxes on Income) (Italy) Order 1990 (SI 1990/2590), Sch, art 10(3)(c)
Pirelli Cable Holding NV and others v Commissioners for Revenue and Customs [2008] EWCA Civ 70
[ 2008] WLR (D) 48
13/02/08 |
Income tax — Assessment — Employer placing shares in employee’s retirement benefit scheme — Whether “payment of a sum” — Whether creating a charge to tax — Income and Corporation Taxes Act 1988 (c 1), s 595(1)
Irving v Revenue and Customs Commissioners [2007] EWCA Civ 6
[2008] WLR (D) 9
25/01/08
Income tax — Construction industry — Delay in processing certificate causing financial loss to sub-contractor — Whether sub-contractor having private law claim for damages based on breach of statutory duty or common law duty — Income and Corporation Taxes Act 1988 (c 1), s 561
Neil Martin Ltd v Revenue and Customs Commissioners [2007] EWCA Civ 1041
[2007] WLR (D) 276
25/10/07
Value added tax — Deductibility of input tax — Supply of secondary goods and services under loyalty points award scheme operated by taxpayer — Scheme operator paying service charge including VAT for redemption services — Whether goods supplied by redeemer to collector or to scheme operator for VAT purposes — Whether VAT deductible by scheme operator as input tax
Loyalty Management UK Ltd v Commissioners for HM Revenue and Customs [2007] EWCA Civ 1928
[2007] WLR (D) 245
05/10/07
Income tax — Pension — Former employer providing pensioners and surviving spouses with free tax advice service — Service terminated — One-off payments made by way of compensation — Whether taxable as “relevant benefit” provided under “retirement benefits scheme” — Income and Corporation Taxes Act 1988, ss 596A (as inserted by Finance Act 1989, s75, Sch 6, Pt 1, paras 1, 9, 18(7)), 612(1)
Revenue and Customs Comrs v Barclays Bank plc and another [2007] EWCA Civ 442
[2007] WLR (D) 127
11/05/07
Value added tax — Exemptions — Charitable theatre trust buying in productions — Whether direct and immediate link between production company’s payment and trust’s supply of programmes — Council Directive 77/388/EEC, art 17 — Value Added Tax Act 1994, s 26 — Value Added Tax Regulations 1995 (SI 1995/2518), reg 101(2)(d)
Mayflower Theatre Trust Ltd v Revenue and Customs Comrs
[2007] WLR (D) 33
22/02/07
VAT – Deductibility of input tax – Company purchasing car for sole director’s business use – Whether exception to exclusion unavailable if car could legally or physically be used for private purposes – Value Added Tax (Input Tax) Order 1992, SI 1992/3222, art 7
Customs and Excise Commissioners v Elm Milk Ltd [2006] EWCA Civ 164
[2006] WLR (D) 60
3/03/06
Value Added Tax — Dishonest evasion — Fair and public hearing — Imposition of civil penalty — Taxpayer represented by accountant at interview with revenue — Whether conduct of interview unfair — Whether tribunal entitled to inquire into competence of accountant to represent tax payer on appeal — Value Added Tax Act 1994, s 60(1) — Human Rights Act 1998, Sch. 1, Pt I, art 6.
Khan v HM Revenue and Customs
[2006] WLR (D) 48
23/02/06
Value added tax — Deduction of input tax — European community legislation introducing retrospective three-year limitation period on claims — UK domestic law adopting legislation without transitional provisions — Taxpayer’s delay in making claim — Whether entitled to repayment — Value Added Tax Regulations 1995 (SI 1995/2518), reg 29 (1A)
Fleming (trading as Bodycraft) v Customs and Excise Commissioners [2005] EWCA Civ 70
[2006] WLR (D) 35
15/02/06
Tax avoidance — Transfer of assets abroad — Taxpayers seeking sale of trading company — Chargeable gains referable to sale — Transactions arranged using overseas companies — Whether company acquiring assets resident in United Kingdom — Whether taxpayers liable for capital gains tax — Taxation of Chargeable Gains Tax Act 1992, ss 13, 14
Wood and another v Holden (Inspector of Taxes) [2006] EWCA Civ 26
- [2006] 1 WLR 1393
26/01/06
Tax
avoidance — Income tax — Settlement — Liability of settlor —
IT consultant — Company acquired by consultant and his wife — Company
paying dividends to wife — Whether arrangements a "settlement"
— Whether dividends deemed income of "settlor" — Income and
Corporation Taxes Act 1988, s 660A(1), (6), 660G (1), as inserted by Finance Act
1995, s 74 and Sch 17, Pt 1
Jones
v Garnett (Inspector of Taxes) [2005]EWCA Civ 1553
- [2006] 1 WLR 1123
15/12/05
Corporation tax — Advance corporation tax
—Taxpayer mistakenly making overpayments seeking restitutionary remedy —
Whether claim statute-barred — Whether limitation period running from discovery
of mistake
Deutsche
Morgan Grenfell Group plc v Inland Revenue Commissioners and another [2005] EWCA
Civ 78 - [2006] Ch 243; [2006] 2 WLR 103
4/02/05
|
| ROAD
TRAFFIC | Motor Insurers’ Bureau — Untraced driver — Applicant injured in hit and run accident when aged three — Application to bureau eight years later refused as outside three-year time limit under Untraced Drivers Agreement 1972— Time limit for court proceedings by minor against insured driver expiring when applicant 21 — Whether time limit for application to bureau compliant with Community Directive — Whether United Kingdom implementing Directive correctly— Whether Directive directly enforceable against bureau — Whether failure to implement Directive giving rise to damages claim against United Kingdom — Motor Insurers’ Bureau (Compensation of Victims of Untraced Drivers) Agreement 1972, cl 1(1)(f) — Council Directive 84/5/EEC, art 1(4)
Byrne v Motor Insurers’ Bureau and another: [2008] EWCA Civ 574; [2008] WLR (D) 171
[2008] WLR (D) 171
22/05/08
Goods vehicle — Operator’s licence — Operators holding Belgian Community authorisation entitling them to carry on cabotage in other member states — Whether authorising permanent operation in UK without UK licence — Goods Vehicles (Licensing of Operators) Act 1995, s 2(2) — Goods Vehicles (Licensing of Operators) Regulations 1995, Sch 3, para 23 — Council Regulations (EEC) 3118/93 (as amended by Council Regulation (EC) 3315/94), art 1
Romantiek Transport BVBA & others v Vehicle and Operator Services Agency [2008] EWCA Civ 534
[2008] WLR (D) 156
16/05/08
Motor Insurers’ Bureau — Uninsured driver — Exception to bureau’s liability — Passenger in car killed in accident caused by uninsured driver — Deceased’s widow claiming under Fatal Accidents Act 1976 — Whether bureau liable to satisfy judgment against driver — Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, cl 6(1)
Phillips (as representative of the estate of Neville Phillips, decd) v Rafiq and another [2007] EWCA Civ 74
[2007] WLR (D) 25
14/02/07
Negligence — Causation — Low-impact collision — Claimant
contesting possibility of injury — Whether expert evidence admissible to show
collision unlikely to have caused injury
Casey v Cartwright [2006] EWCA Civ 1280
[2006] WLR (D) 238
5/10/06
|
| SALE OF GOODS |
Theft of goods — Measure of damages — Manufacturer and seller of goods losing goods to fraudsters before it could make delivery and earn price— Carrier admitting liability — Whether price recoverable as damages for loss — Whether amount recoverable limited to lower manufacturing cost of replacing goods — Whether for manufacturer and seller to prove inability to make good lost sale to buyer
Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd [2008] EWCA Civ 955; [2008] WLR (D) 289
[2008] WLR (D) 289
08/08/08
|
| SHIPPING |
Charterparty — Time charter — Two charterparties on Shelltime 4 form for carriage of crude and/or dirty petroleum products — Owners undertaking that vessels fit for service in every way with all necessary documents on board and compliant with all applicable conventions — Amended regulation in international convention on marine pollution — Vessels restricted to crude oil cargo on certain routes due to non-compliance with revised regulation — Whether owners in breach of charterparties
Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc [2008] EWCA Civ 584; [2008] WLR (D) 176
[2008] WLR (D) 176
23/05/08
Military service — Protection of military remains — Merchant vessel owned by civilian ministry in convoy with naval vessel — Merchant vessel armed and carrying servicemen — Vessel sinking following engagement with enemy — Claimants seeking designation of vessel — Whether vessel “in service” with armed forces — Protection of Military Remains Act 1986, ss 1(2), 9(2)
R (Fogg and another) v Secretary of State for Defence [2006] EWCA Civ 1270
- [2006] 3 WLR 931
05/10/06 |
| SOCIAL
SECURITY |
Income support — Entitlement — Claimant’s disabled wife receiving direct payments in respect of care provided by claimant — Whether direct payments to wife “earnings” for purposes of assessing claimant’s entitlement to income support — Social Security Contributions and Benefits Act 1992, s 136(1) — Income Support (General) Regulations 1987 (SI 1987/1967), Sch 9, para 58
Casewell v Secretary of State for Work and Pensions
WLR (D) 86, CA Civ
12/03/08
|
Occupational pension scheme — Minimum funding requirement — Withdrawal of scheme due to lack of assets — Parliamentary Commissioner publishing report of maladministration in ministerial department and recommending restoration of scheme — Whether report binding minister — Whether minister entitled to reject report.
R (Bradley and others) v Secretary of State for Work and Pensions and others
[2008] WLR (D) 38
07/02/08
Child support maintenance — Calculation of absent parent’s earnings — Absent parent making loan to own company — Company repaying loan in monthly instalments — Whether repayments constituting income or capital — Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (SI 1992/1815), Sch 1, para 15 — Child Support Act 1991
Chandler v Secretary of State for Work and Pensions and Another [2007] EWCA Civ 1211
- [2008] 1 WLR 734
29/11/07
Appeal to social security commissioner — Jurisdiction — Claimants appealing from decisions of Secretary of State to legally qualified panel member — Social security commissioner accepting jurisdiction to hear claimants’ appeals from member but dismissing them on merits — Whether commissioner having jurisdiction to hear appeals — Whether Court of Appeal having jurisdiction to entertain appeals by Secretary of State on jurisdiction of commissioner to hear appeals — Social Security Act 1998, ss 14, 15 — Social Security and Child Support (Decisions and Appeals) Regulations 1999, regs 32, 46
Secretary of State for Work and Pensions v Morina;
Same v Borrowdale [2007] EWCA Civ 749
[2007] WLR (D) 210
23/07/07
Entitlement to benefits — Persons from abroad — Whether lawful presence to be equated with “ right to reside” — Income Support (General) Regulations 1987 (SI1987/1967), reg 21(3G), as inserted by Social Security (Habitual Residence) Amendment Regulations 2004 (SI 2004/1232), regs 2-5
Abdirahman v Secretary of State for Work and Pensions: Abdirahman v Leicester City Council and another: Ullusow v Secretary of State for Work and Pensions
[2007] WLR(D) 191
05/07/07
Free movement of workers — Jobseeker’s allowance — Whether “habitual residence” condition compatible with European law — Jobseeker’s Allowance Regulations 1996 (SI 1996/207), reg 85(4)
Collins v Secretary of State for Work and Pensions [2006] EWCA Civ 376
[2006] WLR (D) 94
4/04/06
|
| SOLICITOR | Costs — Conditional fee agreement — Solicitors instructed under conditional fee agreement with success fee — Whether success fee recoverable at 100% for risk on costs — Whether conditional fee agreement contrary to statute — Courts and Legal Services Act 1990, s 58(4)(b) — CPR Pt 44, PD para 11.8
Gloucestershire County Council v Evans and others: [2008] EWCA Civ 21; [2008] WLR (D) 25
- [2008] 1 WLR 1883
31/01/08
Practice — Intervention by Law Society — Suspicion of dishonesty and/or failure to comply with Solicitors’ Accounts Rules — Solicitor’s application for withdrawal of intervention notices — Whether court to exercise jurisdiction — Solicitors Act 1974, s 35, Sch 1, paras 1, 6(4), 9(8)
Sheikh v Law Society [2006] EWCA Civ 1577
[2006] WLR (D) 282
23/11/06
Costs
— Obligation to provide costs estimate to client — Whether contract
of retainer rendered unlawful or unenforceable by failure to provide estimate
— Effect on assessment of inter-partes costs — Solicitors Act 1974,
ss 31, 37A — Solicitors' Practice Rules 1990, r 15 — Solicitors' Costs
Information and Client Care Code 1999
Garbutt
and Another v Edwards and Another:[2005] EWCA Civ 1206
- [2006] 1 WLR 2907
27/10/05
|
| STATUTORY INSTRUMENT |
Construction — General words in preamble — Claims for damage to property and loss of profit resulting from fires at manufacturing premises allegedly caused by defective machinery — Whether regulations on supply of machinery constituted health and safety regulations made under relevant statute — Whether Secretary of State having power to make health and safety regulations giving rise to claim for damages to property — Whether claims for breach of statutory duty to be struck out — Health and Safety at Work etc Act 1974, s 15(1) — Supply of Machinery (Safety) Regulations 1992 (SI 1992/3073), preamble
Vibixa Ltd v Komori UK Ltd and others; Polestar Jowetts Ltd v Komuri UK Ltd and another [2006] EWCA Civ 536 - [2006] 1 WLR 2472
9/05/06
|
| TAX AVOIDANCE |
Transfer of securities — Accrued income scheme — Corporation tax — Exclusion for securities carrying interest at same fixed rate throughout period — Loan notes specifying fixed rate of interest but paid on irregular dates in irregular amounts — Whether exclusion applicable — Income and Corporation Taxes Act 1988, ss 712, 713, 717, 719
Cadbury Schweppes plc and another v Williams (Inspector of Taxes) [2006] EWCA Civ 657
[2006] WLR (D) 139
24/05/06
|
| TERRORISM |
Proscribed organisation — “Otherwise concerned in terrorism” — Home Secretary refusing to de-proscribe organisation on ground “otherwise concerned in terrorism” — Review by appeal commission — Standard of review to be applied to Home Secretary’s decision — Whether organisation having no capability for but merely contingent intention to resort to terrorism to be regarded as “otherwise concerned in terrorism” — Terrorism Act 2000 (c 11), s 3, 4, Sch 2 (as amended by Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2001 (SI 2001/1261), art 2)
Lord Alton of Liverpool and others v Secretary of State for the Home Department [2008] EWCA Civ 443
[2008] WLR (D) 141
07/05/08 |
| TORT |
Cause of action — Conspiracy and inducement to injure by unlawful means — Intention to cause economic harm — Sale of mortgaged lease under power of sale — Whether sale for improper purpose — Whether mortgagee and purchaser having necessary intention to injure and inflict economic harm on lessee
Meretz Investments NV and another v ACP Ltd and others [2007] EWCA Civ 1303
- [2008] 2 WLR 904
11/12/07
Cause of action — Harassment — Proper construction of term “harassment” — Protection from Harassment Act 1997, ss 1, 2, 3
Conn v Sunderland City Council
[2007] WLR (D) 289
07/11/07
Cause of action — Misfeasance in public office — Definition of “public officer” — Whether Society of Lloyd’s falling within definition
Society of Lloyd’s v Henderson and others
Lowe and others v Society of Lloyd’s
Society of Lloyd’s v Stockwell and others
[2007] WLR (D) 223
27/07/07
Cause of action — Misfeasance in public office — Proof of damage — Prisoner moved from open prison to closed prison as result of false information — Whether loss of liberty constituting actionable damage — Whether loss of residual liberty actionable in misfeasance
Karagozlu v Commissioner of Police of the Metropolis [2006] EWCA Civ 1691
[2006] WLR (D) 296
12/12/06
Cause of action — Deceit — Defendant’s inspector certifying grade of gasoline bought by claimant — Retest carried out by same inspector showing disparity in grade — Defendant failing to disclose retest result to claimant relying on original test — Whether judge’s finding that defendant liable in deceit to stand — Whether fact of retest “deliberately concealed” from claimant by defendant for limitation purposes — Limitation Act 1980, s 32(2)
AIC Ltd v ITS Testing Services (UK) Ltd [2006] EWCA Civ 1601
[2006] WLR (D) 286
28/11//06
|
| TORT OF BATTERY |
Self-defence — Burden of proof — Fatal shooting by police during raid on deceased’s flat — Claims in tort by dependants — Defence of self-defence raised —Whether burden on claimant to negative defence — Whether defendant’s belief in need to act in self-defence to be both honestly held and reasonable —
Misfeasance in public office — Issue as to state of mind of defendant — Whether appropriate issue for summary determination
Ashley and another v Chief Constable of Sussex Police [2006] EWCA Civ 1085
- [2008] 2 WLR 975
27/07/06
|
| TRADE MARK |
Registration — Practice — Appeal — Finding by hearing officer of indirect confusion between applicant’s proposed mark and opponent’s registered mark — Judge on appeal upholding decision but finding material error of principle on confusing similarity — Role of consumer survey and expert evidence in trade mark cases — Whether complexity of order being appealed “compelling” reason for purposes of permission to appeal — Trade Marks Act 1994, s 5 — CPR rr 52.3(6), 52.13
esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252
[2008] WLR (D) 252
23/07/08
|
| TRADE UNION |
Recognition
— Reference to Central Arbitration Committee — Employer entering into
voluntary recognition agreement with union having one relevant member — Union
with majority of employees applying to committee for recognition — Whether
valid recognition agreement "already in force" precluding application
— Trade Union and Labour Relations (Consolidation) Act 1992, Sch A1, para
35 (as inserted by Employment Relations Act 1999, s 1(2), Sch 1) — Human
Rights Act 1998, Sch 1, Pt I, art 11
R
(National Union of Journalists) v Central Arbitration Committee
- [2006] ICR 1
|
|
Dwelling house — Joint interest — Secure tenant of home rented from local council exercising right to buy — Property conveyed to tenant and daughter in joint names — Mortgage taken out in joint names — Mortgage payments made out of rental income on property — No agreement as to respective beneficial interests — Whether beneficial interest followed legal ownership
Laskar v Laskar
[2008] WLR (D) 39
07/02/08
|
| TRUSTS |
Pension scheme — Winding up — Distribution of assets — Statutory order of priority —Schemes formerly differentiating between male and female normal retirement dates — Pensions Act 1995, s73(3)(b)(as amended by Occupational Pension Schemes (Winding Up)(Amendment) Regulations 1996 (SI 1996/3126), reg 3)
Trustee Solutions Ltd and others v Dubery and another
- [2008] ICR 101
26/07/07
Pension
scheme — Deficiency — Contribution into fund based on amount of employee's
salaries — Power of trustee to pay bonuses or to reduce benefits by reference
to actuarial valuation of fund — Whether "money purchase scheme"
— Pension Schemes Act 1993 ( c 48), s 181 (1) — Pensions Act 1995 (
c 26), ss 56(2) (a), 67, 75(1).
Aon
Trust Corpn Ltd v KPMG and others [2005] EWCA Civ 1004
- [2006] 1 WLR 97
28/07/05
|
| VICARIOUS LIABILITY |
Employment — Assault — Semi-professional rugby union player employed by local rugby club — Player assaulting and injuring member of opposing team during match — Whether club vicariously liable for tortious assault
Gravil v Carroll and another [2008] EWCA Civ 689; [2008] WLR (D) 197
[2008] WLR (D) 197
18/06/08
|
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