Results: 248510

• R (Charles) v Secretary of State for Foreign and Commonwealth Affairs

  24 Nov 2020 [2020] EWHC 3185 (Admin); [2021] 1 WLR 1394; [2020] WLR(D) 641, DC (Flaux LJ, Saini J)

  Subsequent citations: 3.
  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity
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  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Employment — Foreign and Commonwealth Office permitting United States’ Government to establish mission away from London Embassy including administrative and technical employees subject to advance waiver of immunity of employees from UK criminal jurisdiction — Employee’s spouse involved in car accident resulting in death of claimants’ son — US refusing UK request for extradition of employee’s spouse following her return to US — Whether employee’s spouse enjoying diplomatic immunity from criminal jurisdiction — Whether family members of employees covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 7, 32, 37(2), 39

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — United States waiving immunity from criminal jurisdiction of members of administrative and technical staff of United States mission — Whether spouse of staff member enjoying immunity from criminal jurisdiction — Whether family of staff members covered by waiver of immunity — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 31(1), 32, 37(2), 39 — Vienna Convention on Diplomatic Relations (1961), art 7

  2 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• McGraddie v McGraddie

  31 Jul 2013 [2013] UKSC 58; [2013] 1 WLR 2477; [2013] WLR (D) 323; Case details; 2014 SC (UKSC) 12, SC

  28 Jan 2015 [2015] UKSC 1; [2015] 1 WLR 560; [2015] 3 All ER 61; [2015] WLR (D) 36; Case details; 2015 SC (UKSC) 45, SC

  Subsequent considerations : 3 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 157.
  PRACTICE — Appeal — Witness action tried by judge alone

  COSTS — Order for costs — Legal expenses insurance

  LEGAL AID — Scotland — Expenses

  EVIDENCE — Credibility and reliability of witnesses — Opinion of judge who heard witnesses

  EXPENSES — Legal aid — Appeal to UK Supreme Court

  EXPENSES — ‘After the event’ insurance premiums — Whether recoverable as expense
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  PRACTICE — Appeal — Witness action tried by judge alone — Findings of fact — Review by appellate court — Principles applicable

  COSTS — Order for costs — Legal expenses insurance — Defenders successfully reclaiming before Inner House of Court of Session — Pursuer obtaining after the event insurance for appeal to Supreme Court — Supreme Court allowing appeal — Pursuer seeking order for expenses — Whether insurance premium recoverable as part of expenses — Act of Sederunt (Rules of the Court of Session 1994) 1994, Sch 2, r 42.10 — Supreme Court Rules 2009, r 46(1) — Supreme Court Practice Direction 13, para 3.1

  LEGAL AID — Scotland — Expenses — Order for expenses — Legally aided defenders successfully reclaiming before Inner House of Court of Session — Pursuer appealing — Defenders granted legal aid to respond to appeal — Supreme Court allowing appeal — Whether pursuer entitled to order for expenses from legal aid fund — Legal Aid (Scotland) Act 1986 (as amended by Legal Aid Act 1988, s 44, Sch 4, para 8), s 19

  EVIDENCE — Credibility and reliability of witnesses — Opinion of judge who heard witnesses — Duty of appellate court

  EXPENSES — Legal aid — Appeal to UK Supreme Court — Unassisted party seeking award of expenses against Scottish Legal Aid Board

  EXPENSES — ‘After the event’ insurance premiums — Whether recoverable as expense — Supreme Court Rules 2009 (SI 2009/1603 (L 17)), r 46

  12 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered

• Gorbachev v Guriev

  20 Jul 2022 [2022] EWHC 1907 (Comm); [2022] WLR(D) 352, QBD (Jacobs J)

  30 Sep 2022 [2022] EWCA Civ 1270; [2023] KB 1; [2023] 2 WLR 1; [2023] 2 All ER 809; [2022] WLR(D) 387, CA (Nicola Davies, Males, Lewis LJJ)

  04 Jan 2023 [2023] 1 WLR 948, SC(E) (Lord Lloyd-Jones, Lord Kitchin, Lord Sales JJSC)

  28 Mar 2023 [2023] EWCA Civ 327; [2023] 1 WLR 2457; [2024] 1 All ER 885; [2023] WLR(D) 164, CA (Males, Popplewell, Dingemans LJJ)

  Subsequent citations: 11.
  PRACTICE — Service out of Jurisdiction — Third party disclosure

  COSTS — Order for costs — Application for third party disclosure
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  PRACTICE — Service out of Jurisdiction — Third party disclosure — Permission granted to serve application for third party disclosure out of jurisdiction under jurisdictional gateway relating to “claim” under “enactment” allowing “proceedings to be brought” — Third parties applying to set aside application — Whether application constituting “claim” — Whether enactment allowing “proceedings to be brought” — Whether application able to be brought against persons outside jurisdiction — Whether court having jurisdiction — Whether appropriate for court having jurisdiction to exercise discretion to serve out — Senior Courts Act 1981 (c 54), s 34 — CPR Pt 6, r 31.17, PD 6B, para 3.1(20)

  PRACTICE — Service out of Jurisdiction — Third party disclosure — Party applying for disclosure order against third parties located outside jurisdiction in respect of documents located within jurisdiction — Whether jurisdiction to grant permission to serve such application out of jurisdiction — Whether application constituting “claim” and “proceedings” for purposes of jurisdictional gateway — Whether enactment permitting application to be made against persons outside jurisdiction — Senior Courts Act 1981 (c 54), s 34 — CPR PD 6B, para 3.1(20), r 31.17

  COSTS — Order for costs — Application for third party disclosure — Claimant applying for third party disclosure — Third party unsuccessfully challenging application on jurisdiction grounds — Whether third party to pay claimant’s costs of jurisdiction challenge — Whether costs of jurisdiction challenge costs of disclosure application — CPR rr 31.17, 44.2(2)(a), 46.1

  13 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Telefónica Móviles España SA v Administración del Estado (Telefónica Móviles España SA v Administración del Estado and Secretaría de Estado de Telecomunicaciones.)

  10 Mar 2011 (Case C-85/10); EU:C:2011:141; [2012] Bus LR 737; [2011] WLR (D) 102, ECJ

  Subsequent citations: 5.
  EUROPEAN UNION — Telecommunications — Licensing

  EUROPEAN UNION — Telecommunication services — Directive 97/13/EC
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  EUROPEAN UNION — Telecommunications — Licensing — National legislation levying fee on telecommunications operators holding licence for use of radio frequencies — Directive requiring that charge for use of scarce resources be used to ensure their optimal use and foster innovative services and competition — Whether requirement obliging member states to use fee in particular way — Whether state permitted to establish distinction in charges between digital and other technologies — Parliament and Council Directive 97/13/EC, art 11(2)

  EUROPEAN UNION — Telecommunication services — Directive 97/13/EC — General authorisations and individual licences — Fees and charges applicable to undertakings holding individual licences — Article 112 — Interpretation — National legislation which does not allocate any special use to a fee — Increase in the fee for digital systems, but no change in the fee for first generation analogue systems — Compatibility

  1 EU Enactment considered
• B v Independent Safeguarding Authority

  18 Jul 2012 [2012] EWCA Civ 977; [2013] 1 WLR 308; [2012] WLR (D) 215, CA

  Subsequent considerations : 1 neutral; most recently considered: 2021. Subsequent citations: 28.
  TRIBUNAL — Upper Tribunal — Jurisdiction
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  TRIBUNAL — Upper Tribunal — Jurisdiction — Independent Safeguarding Authority charged with deciding whether individual to be placed on barred lists — Applicant convicted of sex offences — Authority including applicant on children’s barred list and subsequently refusing to remove his name from list — Applicant appealing on ground that inclusion in children’s list disproportionate — Upper Tribunal deciding issue de novo and directing removal from list — Whether tribunal having jurisdiction to consider appropriateness of listing — Whether according appropriate weight to authority’s decision — Whether public confidence in statutory scheme and list relevant when deciding appeal against listing — Safeguarding Vulnerable Groups Act 2006 (as amended by Policing and Crime Act 2009, s 81 and Transfer of Tribunal Functions Order 2008, art 6, Sch 3, para 222), ss 1, 2, 4(3)

  6 Case(s) considered

  1 Statute considered

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

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

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

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

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

  10 Case(s) considered

  1 Statute considered
• R (Citizens UK) v Secretary of State for the Home Department

  18 Sep 2017 [2017] EWHC 2301 (Admin); [2018] 2 All ER 573, QBD (Soole J)

  31 Jul 2018 [2018] EWCA Civ 1812; [2018] 4 WLR 123; [2019] 1 All ER 416; [2018] WLR (D) 497, CA (Hickinbottom, Singh, Asplin LJJ)

  Subsequent considerations : 2 positive; 1 neutral; most recently considered: 2023. Subsequent citations: 65.
  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child
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  JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts

  IMMIGRATION — Asylum seeker — Child — Unaccompanied children in migrant camp in France seeking asylum to join family members in United Kingdom — Camp closed and occupants dispersed to accommodation centres — Expedited process to identify and transfer unaccompanied children with family members in United Kingdom — Whether compliant with European Union law — Whether compliant with common law — Parliament and Council Regulation (EU) No 604/2013

  3 Case(s) considered

  1 EU Enactment considered
• Various Claimants v Catholic Child Welfare Society

  26 Oct 2010 [2010] EWCA Civ 1106, CA

  21 Nov 2012 [2012] UKSC 56; [2013] 2 AC 1; [2012] 3 WLR 1319; [2013] 1 All ER 670; [2012] WLR (D) 335; Case details, SC(E)

  Subsequent considerations : 8 positive; 2 neutral; 1 negative; most recently considered: 2023. Subsequent citations: 78.
  VICARIOUS LIABILITY — Relationship akin to employment — Religious teaching order
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  VICARIOUS LIABILITY — Relationship akin to employment — Religious teaching order — Brother members of order taking vows of chastity, poverty and obedience and living communal life — School management board employing brothers as teachers at residential school — Brothers living communally on school premises — Physical and sexual abuse of boys by brothers alleged to have taken place — School management board vicariously liable as employer — Whether relationship between brothers and order akin to employment — Whether close connection between relationship between brothers and order and employment of brothers as teachers at school — Whether order jointly vicariously liable for abuse

  3 Case(s) considered

• Mohan v Secretary of State for the Home Department

  23 Oct 2012 [2012] EWCA Civ 1363; [2013] 1 WLR 922; [2012] WLR (D) 291, CA

  Subsequent citations: 7.
  IMMIGRATION — Deportation — Conducive to public good
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  IMMIGRATION — Deportation — Conducive to public good — Claimant overstayer in United Kingdom marrying and having children — Claimant applying for residence order in respect of daughter — Claimant sentenced to 30 months’ imprisonment — Liable to automatic deportation as foreign criminal whose removal conducive to public good — Home Secretary making deportation order — Claimant on appeal against order raising Convention right to respect for family life relying on ongoing family proceedings — Upper Tribunal dismissing appeal on basis that deportation not breach of Convention right irrespective of family proceedings — Whether Upper Tribunal impermissibly prejudging family proceedings — Correct approach in treatment of interrelationship between deportation appeal and family proceedings — Whether appropriate to grant limited leave to remain or adjourn appeal pending determination of family proceedings — Whether appeal to be remitted to tribunal — Human Rights Act 1998, Sch 1, Pt I, art 8 — UK Borders Act 2007, s 32

  2 Case(s) considered

  1 Statute considered

• Shah v Power

  11 Feb 2022 [2022] EWHC 209 (QB); [2022] 1 WLR 3015; [2022] WLR(D) 81, QBD (Eyre J)

  07 Mar 2023 [2023] EWCA Civ 239; [2023] 1 WLR 2830; [2024] 1 All ER 1066; [2023] WLR(D) 194, CA (Lewison, Coulson, Elisabeth Laing LJJ)

  24 Jul 2023

  Subsequent citations: 2.
  BUILDING — Party wall — Dispute resolution procedure
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  BUILDING — Party wall — Dispute resolution procedure — Property owner carrying out works without serving statutory party wall notice — Whether neighbouring owners entitled to invoke statutory dispute resolution procedure in absence of notice — Party Wall etc Act 1996 (c 40), ss 10, 20

  BUILDING — Party wall — Dispute resolution procedure — Building owner carrying out works without serving party structure notice — Whether adjoining owners able to invoke statutory dispute resolution procedure in absence of notice — Party Wall etc Act 1996 (c 40), ss 2, 3, 10

  8 Case(s) considered

  1 Statute considered