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The Incorporated Council of Law Reporting for England and Wales

 

Weekly Case Law Update


Welcome to the email case law alert service from the Incorporated Council of Law Reporting for England and Wales. These alerts are issued weekly and provide you with an easy to digest snapshot of recently decided English cases.


Civil litigation
Ryder Ltd v Man SE — [2020] WLR(D) 223
PRACTICE — Competition Appeal Tribunal — Disclosure — Claimants bringing actions against addressees of EU Commission Decision for breaches of competition law — Actions involving many transactions over many years — Proper approach to disclosure in actions — Guidance as to general approach to disclosure in relation to cases before Competition Appeal Tribunal
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Crime
R v Gillings — [2020] WLR(D) 230
CRIME — Evidence — Character — Correct approach where judge admitting evidence of previous convictions to show defendant’s propensity to commit offences — Criminal Justice Act 2003 (c 44), ss 101(1)(d)(3), 103(1)(2)(3)
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Crime
R (X) v Ealing Youth Court (sitting as Westminster Magistrates’ Court) — [2020] WLR(D) 232
JUSTICES — Youth court — Detention and training order — Youth court granting application by Secretary of State for order delaying release of claimant from custodial part of detention and training order — Whether decision lawful — Whether appeal by case stated or judicial review appropriate means of challenging order — Whether power to make order confined to cases contemplated by published guidance of detainee’s exceptionally poor progress and/or exceptionally bad behaviour — Whether erring in law in taking into account intelligence evidence summarised in gist of prison governor’s evidence — Powers of Criminal Courts (Sentencing) Act 2000 (c 6), s 102 (as amended by Offender Management Act 2007 (c 21), ss 33(1), 34(2))
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Crime
R v Horne (Joshua) — [2020] WLR(D) 224
CRIME — Conspiracy — Conspiracy to pervert course of justice — Defendant charged with attempted murder, causing grievous bodily harm with intent and attempting to cause grievous bodily harm with intent after being identified as driver of vehicle in hit and run incident — Defendant telephoning witnesses from prison telling them to alter their evidence — Co-accused telephoning witness to alter his witness statement — Defendant pleading guilty to conveying list-B article into or out of prison and telephone offences — Defendant and co-accused charged with conspiracy to pervert course of justice to which co-accused pleaded guilty on day of trial — Judge acceding to Crown’s request to admit co-accused’s guilty plea but seeking to limit evidential impact of admission in directions to jury — Defendant convicted of conspiracy charge but acquitted of attempted murder and causing grievous bodily harm with intent offences — Whether trial fair — Police and Criminal Evidence Act 1984 (c 60), s 74(1) (as substituted by Criminal Justice Act 2003 (c 44), s 9, Sch 36(5), para 85(2)) — Criminal Law Act 1977 (c 45), s 1 (as substituted by Criminal Attempts Act 1981 (c 47), s 5(1))
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European Union
Criminal proceedings against IN (Russian Federation intervening) — [2020] WLR(D) 231
EXTRADITION — Scope of European Union law — Rights of citizen of EFTA state — Third state requesting member state to extradite EFTA state national — EFTA state party to EEA Agreement and Surrender Agreement — Requested state’s nationals protected against extradition but not nationals of other states — Whether requested state required to ensure same level of protection for nationals of EFTA states as for own nationals — Whether requested member state required to inform EFTA state of extradition request by third state — Whether requested state required to surrender requested person to EFTA state — Charter of Fundamental Rights of the European Union, art 19(2) — EEA Agreement, art 36
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European Union
European Commission v Republic of Poland (Czech Republic intervening) — [2020] WLR(D) 226
EUROPEAN UNION — Immigration — Asylum — Sudden influx of third-country nationals into Italy and Greece requiring international protection — EU providing provisional measures for benefit of Italy and Greece by obliging other member states to relocate nationals — European Commission bringing application against three member states for failing to comply with obligations — Whether member states able to rely on their responsibilities to maintain law and order and safeguard internal security interests in order to avoid obligations — Whether member state able to rely on alleged lack of effectiveness or malfunctioning of relocation mechanism in order to avoid obligations — FEU Treaty, arts 72FEU, 78FEU
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Family
In re AB — [2020] WLR(D) 234
ADMINISTRATION OF ESTATES — Personal representative — Access to deceased’s health record — Personal representative requesting access to medical records of deceased held at fertility clinic — Clinic declining request on basis personal representative unable to show relevance of records to “claim arising out of the patient’s death” — Whether right of personal representative to disclosure fettered — Access to Health Records Act 1990 (c 23), ss 3(1)(f), 5(4)
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Family
In re Q (A Child) — [2019] Fam 301
CHILDREN — Care proceedings — Jurisdiction — Interim care orders — Local authority seeking interim care order in respect of child nearly 17 — Whether jurisdiction to make interim care order to extend beyond age 17 — Children Act 1989 (c 41) (as amended by Children and Families Act 2014 (c 6), s 14), ss 31, 38
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Land law
Freehold Properties 250 Ltd v Field — [2020] WLR(D) 233
LANDLORD AND TENANT — Leasehold enfranchisement — Tenant’s right to acquire freehold — Long lease excluding structural parts of house from demise — Whether owner of lease “tenant of leasehold house” entitled to acquire freehold — Whether retention of structural parts voided as agreement to exclude or modify statutory right to acquire freehold — Leasehold Reform Act 1967 (c 88), ss 1(1), 2, 23(1)
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Public law
R (Bond) v Vale of White Horse District Council — [2020] PTSR 724
PLANNING — Development — Development plan document — Local authority submitting draft local plan for examination including policy for removal of certain land from Green Belt — Modifications made to draft to reflect conclusion of examining inspector that removal from Green Belt not justified — Plan adopted in modified form — Adopted policies map erroneously still showing land in question as falling outside Green Belt — Whether local authority entitled to adopt resolution to correct map — Whether obliged to follow statutory procedure for amendment of local plan — Whether breaching legitimate expectation with regard to correction — Planning and Compulsory Purchase Act 2004 (c 5) (as amended by Planning Act 2008 (c 29), s 180(2)(b), Sch 13, para 1), ss 15(2)(aa), 20(1), 23(1)(5), 26(1) — Town and Country Planning (Local Planning) (England) Regulations 2012 (SI 2012/767), regs 2(1), 5, 6, 9
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Public law
R (AB) v Kent County Council — [2020] PTSR 746
IMMIGRATION — Asylum — Child — Claimant seeking asylum as unaccompanied minor — Local authority social workers assessing claimant as adult based on physical appearance and demeanour — Whether “abbreviated assessment” based on physical appearance and demeanour unlawful — Whether local authority required to apply margin of error and give claimant benefit of doubt
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Public law
Runa v Secretary of State for the Home Department — [2020] WLR(D) 235
IMMIGRATION — Leave to remain — Right to family life — Claimant mother resisting removal from United Kingdom in reliance on right to respect for family life — Claimant’s husband and children all British citizens — Whether public interest requiring claimant’s removal — Whether claimant having “genuine and subsisting parental relationship with a qualifying child” — Whether “reasonable to expect the child to leave the United Kingdom” — Whether appropriate to consider “insurmountable obstacles” to maintenance of family life outside United Kingdom — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Nationality, Immigration and Asylum Act 2002 (c 41), s 117B(6) (as inserted by Immigration Act 2014 (c 22), s 19)
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Public law
South Derbyshire District Council v Secretary of State for Housing, Communities and Local Government — [2020] WLR(D) 229
PLANNING — Statutory review — Time limit — Local authority seeking statutory review of decision of Secretary of State’s planning inspector — Claim form including application for permission to proceed filed within statutory time limit but not served within time specified by rules of court — Whether application for permission to proceed “made” within statutory time limit — Whether court having jurisdiction to entertain claim — Town and Country Planning Act 1990 (c 8), s 288(4B) (as inserted by Criminal Justice and Courts Act 2015 (c 2), Sch 16, para 4(5))
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Public law
R (McKeown) v Islington London Borough Council — [2020] WLR(D) 228
HOUSING — Grant — Disabled facilities grant — Local housing authority refusing disabled claimant’s application for grant to construct platform lift from front garden to street level to facilitate access to home — Whether error of law in determining whether proposed works “necessary and appropriate to meet the needs of the disabled occupant” — Whether authority entitled to take into account suitability of dwelling — Housing Grants, Construction and Regeneration Act 1996 (c 53) (as amended by Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (SI 2002/1860), art 11(1), Sch 3, paras 7, 8), ss 23(1)(a), 24(1)(3)
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Public law
Hussain v Waltham Forest London Borough Council — [2020] WLR(D) 227
HOUSING — Private rented sector — Licensing of houses — Appeal against decisions of local housing authority refusing or revoking licences for houses — Local authority relying on spent convictions as showing that applicants not “fit and proper person” to hold licence — Extent to which convictions or conduct on which convictions based to be taken into account in determining appeal — Housing Act 2004 (c 34), ss 64(3)(b), 88(3)(c) — Rehabilitation of Offenders Act 1974 (c 53) (as amended by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), Sch 25, paras 2, 5, 6) ss 1(1), 4, 7(3)
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Public law
LE (St Vincent and the Grenadines) v Secretary of State for the Home Department — [2020] 4 WLR 56
IMMIGRATION — Deportation — Foreign criminal — Foreign citizen convicted of dishonestly making false representations while serving in Royal Marines and sentenced to two years’ imprisonment — Home Secretary making deportation order — Upper Tribunal dismissing appeal for failure to show removal unduly harsh on his children and that very compelling circumstances outweighed the public interest in deportation — Whether tribunal applying correct approach to considerations of public interest — Whether tribunal failing to give due weight to armed forces covenant — Nationality, Immigration and Asylum Act 2002 (c 41), s 117A(2)(b), 117C (as inserted by Immigration Act 2014 (c 22), s 19)
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Public law
Kavaarupo v Nursing and Midwifery Council — [2020] WLR(D) 225
MEDICAL PRACTITIONER — Fitness to practise committee — Appeal — Midwife struck off in light of finding of dishonesty — Midwife seeking permission at appeal hearing to advance previously unpleaded ground of appeal — Whether permission to be granted to amend grounds of appeal
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Trusts and Chancery
Leon v Attorney General — [2020] Bus LR 598
COMPANY — Dissolution — Bona vacantia — Crown disclaiming property vesting in it as bona vacantia following company’s dissolution — Claimant shareholder seeking vesting order on basis of interest in disclaimed property or his liability in respect of it — Nature of interest required to give claimant right to vesting order — Whether making of order just for purpose of compensating claimant — Whether order to be granted — Companies Act 2006 (c 46), s 1017
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Hudson v Tabor — 1 QBD 225

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Price v Price — [2014] CN 1005

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Batt v Price — 1 QBD 264

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Howell v Coupland — 1 QBD 258

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Wright v London and North Western Railway Co — 1 QBD 252

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Davies v Garland — 1 QBD 250

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Thiis v Byers — 1 QBD 244

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Colebeck v The Girdlers Co — 1 QBD 234

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