Civil litigation
DSG Retail Ltd v Mastercard Inc — [2020] WLR(D) 324
COMPETITION — Competition Appeal Tribunal — Limitation period — Statutory provisions introducing new regime and special limitation period for competition damages claims — Special limitation period not applying if at date of commencement of new regime proceedings barred under previously applicable limitation period — Whether entire proceedings covered by new limitation period if part of damage suffered after commencement of new regime — Competition Act 1998 (c 41), s 47A (as inserted by Enterprise Act 2002 (c 40), s 18(1)) — Competition Appeal Tribunal Rules 2003 (SI 2003/1372), r 31(4) — Competition Appeal Tribunal Rules 2015 (SI 2015/1648), r 119(1)
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Civil litigation
SP v BH — [2020] 1 WLR 2175
PRACTICE — Appeal — Jurisdiction of appeal court — First claim settled by Tomlin order — Second claim struck out comprising some new allegations transfer of which judge below allowed into first claim — Whether power to vary judge’s order absent cross-appeal or new proceedings — CPR r 52.20(2)(a)
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Commercial
Xstrata Coal Queensland Pty Ltd v Benxi Iron & Steel (Group) International Economic & Trading Co Ltd — [2020] Bus LR 954
ARBITRATION — Award — Serious irregularity — Arbitration award creditor unable to enforce award in foreign court due to uncertainty or ambiguity as to its effect — Effect of award not unclear to English lawyers — Award creditor applying to court on ground of serious irregularity for award to be remitted to tribunal for resolution of uncertainty — Whether award capable of being ambiguous or uncertain as to its effect when meaning and effect understandable by English lawyers — Whether serious irregularity — Whether causing substantial injustice — Whether award to be remitted to tribunal — Arbitration Act 1996 (c 23), s 68(2)(f)
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Commercial
Splitt Chartering APS v Saga Shipholding Norway AS (The Stema Barge II) — [2020] WLR(D) 316
SHIPPING — Limitation of liability — Damage by anchor — Anchor of barge at anchor off port damaging underwater cable — Cable owners bringing claim against company engaged in placing men on board barge to operate machinery while at anchor off port — Company relying on legislation limiting liability for “manager” or “operator” of vessel — Proper meaning of “manager” and “operator” — Whether company “manager” or “operator” — Whether entitled to limit alleged liability — Merchant Shipping Act 1995 (c 21), s 185, Sch 7, arts 1(2)(4), 2(1)(a)
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Costs
Les Ambassadeurs Club Ltd v Albluewi — [2020] WLR(D) 315
COSTS — Discretion of court — Indemnity basis — Judgment discharging worldwide freezing injunction against defendant — Defendant applying for costs on indemnity basis — Whether order for indemnity costs to be made — Whether summary assessment appropriate — Whether defendant to be awarded interim payment on account of costs — CPR r 44.2(8)
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Crime
R v Richards (Tony) (Hunt intervening) — [2020] WLR(D) 320
CRIME — Sexual offences — Voyeurism — Defendant filming himself having intercourse with complainants in their bedrooms in return for payment — Whether defendant recording “private act” — Whether complainants having reasonable expectation of privacy — Sexual Offences Act 2003 (c 42), ss 67, 68
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Crime
R v Stevens (Jack) — [2020] WLR(D) 317
CRIME — Evidence — Conviction as evidence — Defendant gang member and others pursuing deceased on bicycles — Deceased stabbed to death by member of group — Three individuals convicted of murder on basis of joint enterprise — Defendant charged later and tried separately — Crown seeking to adduce evidence of convictions for murder of three others in joint enterprise — Whether evidence of convictions relevant to issues at defendant’s trial and admissible — Whether evidence to be excluded on grounds of fairness — Police and Criminal Evidence Act 1984 (c 60) (as amended by Criminal Justice Act 2003 (c 44), s 331, Sch 36, para 85(2) and Coroners and Justice Act 2009 (c 25), ss 144, 182, Sch 17, paras 14(2)(3), 15), ss 74(1)(2), 75, 78
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Crime
National Crime Agency v Hussain — [2020] 1 WLR 2145
CRIME — Proceeds of crime — Unexplained wealth order — Whether application for order to be heard in private — Proceeds of Crime Act 2002 (c 29), ss 362A, 362B, 362J (as inserted by Criminal Finances Act 2017 (c 22), ss 1, 2) — CPR r 39.2(3)
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Crime
Lipski v Regional Court in Torin, Poland — [2020] WLR(D) 314
EXTRADITION — Compatibility with Convention rights — Respect for family life — Requested person appealing extradition order — Requested person claiming serious adverse consequences of extradition for self and child — Whether consequences outweighed by strong public interest in prevention of crime — Approach to be taken on appeal with fresh evidence — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Extradition Act 2003 (c 41), s 27
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European Union
Orde van Vlaamse Balies v Ministerraad — [2020] 4 WLR 78
EUROPEAN UNION — Insurance — Legal expenses insurance — Right to select legal representative in proceedings — Whether “proceedings” including judicial or extra-judicial mediation proceedings — Parliament and Council Directive 2009/138/EC, art 201(1)(a)
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European Union
HTTS Hanseatic Trade Trust & Shipping GmbH v Council of the European Union (European Commission intervening) — [2020] 1 WLR 2089
EUROPEAN UNION — Action for damages — Non-contractual liability of European Union — Successive Council Regulations including applicant in list of entities subject to restrictive measures — Applicant bringing action seeking compensation for damage suffered by reason of listings — Council contending no breach of European Union law sufficiently serious to give rise to non-contractual liability — Whether Council entitled to rely on information unavailable at time of listing
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Family
A Local Authority v W (Application for Summary Dismissal of Findings) — [2020] WLR(D) 327
CHILDREN — Care proceedings — Practice — Local authority alleging non-accidental injury to child — Findings of fact sought by local authority — Allegations of non-accidental injury disputed by parents — Whether power at case management stage to summarily dismiss disputed findings — Whether power to conclude unnecessary to adjudicate on disputed findings — Children Act 1989 (c 41), s 38 (as amended by Children and Families Act 2014 (c 6), ss 13, 14, Sch 2, para 32) — FPR rr 1.1–1.4, 4.1, 12.25(c)
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Family
FX v GZ — [2020] WLR(D) 325
CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — Polish court establishing maintenance claim and ordering debtor father, resident in Germany, to pay maintenance for child resident in Poland — German court issuing order for enforcement of Polish court’s decision — Debtor applying to oppose enforcement — Whether application falling within German court’s international jurisdiction — Whether matter relating to maintenance obligations or enforcement of judgments — Council Regulation (EC) No 4/2009, arts 1, 41(1) — Parliament and Council Regulation (EU) No 1215/2012, art 1(2)(e)
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Land law
Cardtronics Europe Ltd v Sykes (Valuation Officer) — [2020] 1 WLR 2184
RATING — Non-domestic rates — Hereditaments — ATM located in retail premises — Operator of ATM and occupier of premises not same company — Whether site of ATM capable of being separate hereditament — Whether site of ATM in rateable occupation of ATM operator or owner of retail premises — General Rate Act 1967 (c 9), s 115(1) — Local Government Finance Act 1988 (c 41), s 42 — Valuation for Rating (Plant and Machinery) (England) Regulations 2000 (SI 2000/540), reg 2(b)
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Land law
Cornerstone Telecommunications Infrastructure Ltd v University of London — [2020] 1 WLR 2124
Telecommunications — Electronic Communications Code — Code rights — Telecommunications operator wishing to inspect roof of building in order to assess suitability as site on which to install electronic communications apparatus — Operator applying for order conferring interim code right to have access to roof in order to carry out inspection — Whether such right constituting “code right” — Whether inspection constituting “works” if non-intrusive — Whether inspection “in connection with” installation of apparatus if no apparatus installed — Whether operator entitled to make free-standing application for interim code right — Communications Act 2003 (c 21), Sch 3A, paras 3, 20, 26 (as inserted by Digital Economy Act 2017 (c 30), Sch 1)
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Public law
Braceurself Ltd v NHS England — [2020] WLR(D) 328
PUBLIC PROCUREMENT — Statutory suspension — Lift of suspension — Claimant providing services to defendant National Health Service under public contract — Contract awarded to preferred bidder under competitive tendering process — Claimant issuing proceedings against defendant — Contract suspended automatically under relevant regulations — Whether suspension should be lifted — Whether particulars of claim to be amended to add claim for damages — Public Contract Regulations 2015 (SI 2015/102), regs 95(1), 96(1)(a) — CPR r 17.4
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Public law
R (Mahmood) v Upper Tribunal (Immigration and Asylum Chamber) — [2020] WLR(D) 326
IMMIGRATION — Deportation — Foreign criminal — Deportation orders made against claimants alleging their offences had caused serious harm and deportation would be conducive to public good — Whether each claimant falling within definition of foreign criminal whose offence caused serious harm — Meaning of “offence that has caused serious harm” — Nationality, Immigration and Asylum Act 2002 (c 41), s 117D(2)(c)(ii) (as inserted by Immigration Act 2014( c 22), s 9)
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Public law
Dill v Secretary of State for Housing, Communities and Local Government — [2020] 1 WLR 2206
PLANNING — Listed buildings — Listed building consent — Owner selling items on list of listed buildings — Local planning authority refusing owner’s application for retrospective consent to remove items and issuing enforcement notice — Whether Secretary of State’s inspector having power to determine whether something on list “building” — Guidance as to relevant criteria for determining whether item qualifying as “building” — Planning (Listed Buildings and Conservation Areas) Act 1990 (c 9) (as amended by Planning and Compensation Act 1991 (c 34), s 25, Sch 3, para 3(2)), ss 1(5), 7, 9, 39(1)
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Public law
Dill v Secretary of State for Housing, Communities and Local Government — [2020] PTSR 907
PLANNING — Listed buildings — Listed building consent — Owner selling items on list of listed buildings — Local planning authority refusing owner’s application for retrospective consent to remove items and issuing enforcement notice — Whether Secretary of State’s inspector having power to determine whether something on list “building” — Guidance as to relevant criteria for determining whether item qualifying as “building” — Planning (Listed Buildings and Conservation Areas) Act 1990 (c 9) (as amended by Planning and Compensation Act 1991 (c 34), s 25, Sch 3, para 3(2)), ss 1(5), 7, 9, 39(1)
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Public law
Westminster City Council v Secretary of State for Housing, Communities and Local Government — [2020] PTSR 888
PLANNING — Development — Permitted development — Electronic communications network — Inspector granting prior approval for replacement of two existing telephone boxes with single new kiosk — Whether kiosk partly for operator’s network and partly for advertising “for the purpose of” operator’s network — Whether such development outside scope of permitted development rights — Whether inspector erring — Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) (as amended by Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2016 (SI 2016/1040), art 2), art 3, Sch 2, Pt 16, Class A
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Public law
Hackney London Borough Council v Okoro — [2020] WLR(D) 321
PRACTICE — Possession — Order for possession — Practice Direction imposing automatic stay on possession proceedings in response to Coronavirus pandemic — Whether stay applying to appeals against possession orders — CPR PD 51Z, para 2
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Public law
Croydon London Borough Council v Kalonga — [2020] WLR(D) 319
HOUSING — Flexible tenancy — Claim for possession — Tenant having five-year flexible tenancy — No forfeiture clause in tenancy agreement — Landlord seeking possession prior to expiry of fixed term — Whether landlord entitled to terminate tenancy — Housing Act 1985 (c 68), ss 82(1)(b)(1A), 107D(10)
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Public law
R (Linse) v Chief Constable of North Wales Police — [2020] WLR(D) 318
INSURANCE — Motor vehicle — Certificate of insurance — Claimant failing to make full disclosure when arranging insurance policy for motor vehicle — Whether non-disclosures making policy void or voidable — Whether police entitled to refuse certificate as being invalid — Road Traffic Act 1988 (c 52) (as amended by Serious Organised Crime and Police Act 2005), ss 152, 178), ss 143, 147(1), 151, 152, 161(2), 165, 165A — Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (SI 2005/1606), regs 2, 5
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Public law
Barlow v Wigan Metropolitan Borough Council — [2020] WLR(D) 313
HIGHWAY — Duty to maintain highway — Highway authority — Claim against highway authority for breach of statutory duty to maintain path — Whether duty applying — Whether path “highway maintainable at the public expense” as “highway constructed by a highway authority” — Whether sufficient that path became highway after long usage — Whether necessary that path constructed by highway authority acting in that capacity — Whether Act applying to highways constructed before commencement of Act — Highways Act 1980 (c 66), ss 36(2)(a), 41(1)
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Public law
R (Asda Stores Ltd) v Leeds City Council — [2020] PTSR 874
PLANNING — Development — Planning permission — Local planning authority granting permission for out-of-town retail park — Whether authority misinterpreting national planning policy — Whether policy creating presumption in favour of refusing out-of-town retail developments having significant adverse impact on town centre vitality and viability — National Planning Policy Framework (2019), para 90
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Public law
R (Coughlan) v Minister for the Cabinet Office — [2020] WLR(D) 323
Local Government — Election — Pilot scheme — Orders implementing pilot schemes requiring voter identification in local elections — Whether schemes authorised by statutory provisions — Whether concerning “how” voting to take place — Representation of the People Act 2000 (c 2), s 10(1)(2)(a)
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Tax
Fowler v Revenue and Customs Comrs — [2020] 1 WLR 2227
REVENUE — Income tax — Double taxation — Taxpayer resident in South Africa working as diver in UK continental shelf — Treaty between UK and South Africa providing for earnings of self-employed persons to be taxed in place of residence but employment income to be taxed in jurisdiction where earned — Whether taxpayer’s income from diving activities taxable in South Africa or UK — Whether taxable in South Africa by reason of provision in UK taxation legislation deeming employed divers working in UK continental shelf to be taxed as if self-employed — Income Tax (Earnings and Pensions) Act 2003 (c 1), s 6(1)(5) (as amended by Income Tax (Trading and Other Income) Act 2005, s 882(1), Sch 1, para 585) — Income Tax (Trading and Other Income) Act 2005 (c 5), s 15 — Double Taxation Relief (Taxes on Income) (South Africa) Order 2002 (SI 2002/3138), Sch, arts 3(2), 7, 14
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Tort
Wright v Ver — [2020] WLR(D) 322
DEFAMATION — Foreign defendant — Court’s jurisdiction — Alleged defamatory statements published online — Claimant bringing defamation action against defendant domiciled outside United Kingdom — Whether England and Wales clearly most appropriate place in which to bring claim — Factors to take into account — Defamation Act 2013 (c 26), s 9
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