Civil litigation
DP v TopMark Claims Management Ltd — [2020] WLR(D) 368
LIMITATION OF ACTION — Personal injuries — Compensation — Applicant seeking compensation under statutory mesothelioma compensation scheme — Application refused since applicant able to bring action against employer — Applicant contending inability to claim where time-barred — Whether time-bar “any other reason” within contemplation of scheme — Limitation Act 1980 (c 58), ss 12(2), 33 — Mesothelioma Act 2014 (c 1), ss 2, 3(1)(c), 18(3) — Diffuse Mesothelioma Payment Scheme Regulations 2014 (SI 2014/916) regs 7, 25
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Civil litigation
Ecolab Inc v Competition and Markets Authority — [2020] Bus LR 1030
PRACTICE — Competition Appeal Tribunal — Disclosure — Application for review of reference relating to merger situation — Guidance as to proper approach to specific disclosure application — Competition Appeal Tribunal Rules 2015 (SI 2015/1648), rr 2(p), 19(1) — Enterprise Act 2002 (c 40), s 120
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Civil litigation
Hackney London Borough Council v Okoro — [2020] 4 WLR 85
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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Civil litigation
Pipia v BGEO Group Ltd — [2020] 1 WLR 2582
PRACTICE — Disclosure — Third party — Arrangement between parent company and subsidiaries whereby subsidiaries to provide parent with documents pertaining to claim against parent — Whether parent company having “control” of documents held by subsidiaries — CPR r 31.8, Practice Direction 51U, Appendix 1, para 1.1
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Commercial
Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v Deutsche Apotheker- und Ärztebank eG — [2020] WLR(D) 370
FAIR TRADING — Consumer protection — Alternative dispute resolution — Bank stating willingness to take part in dispute resolution procedure on website — General terms and conditions not including reference to dispute resolution — Whether sufficient that information provided in documents accessible on website or to consumer upon conclusion of contract — Parliament and Council Directive 2011/83/EU, art 13(1),(2)
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Commercial
A v B — [2020] Bus LR 1044
Trade mark — Proprietor’s rights — Prevention of “use” — Individual taking delivery of consignment of ball bearings generally used in heavy industry displaying sign identical to trade mark — Individual storing consignment at home — Third party exporter taking delivery of consignment and giving individual cigarettes and bottle of brandy as remuneration — Whether individual importing consignment — Whether using trade mark affixed to bearings “in the course of trade” — Parliament and Council Directive 2008/95/EC, art 5(1),(3)(b),(c)
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Commercial
A v Finnair Oyj — [2020] Bus LR 1002
AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Passengers transferred to re-routing flight following cancellation of booked flight — Failed part causing delay to re-routing flight — Failure occurring in type of part only replaced when defective — Passengers awarded compensation in relation to booked flight only — Whether passengers also entitled to compensation in respect of re-routing flight — Whether failure of part constituting “extraordinary circumstances” — Parliament and Council Regulation (EC) No 261/2004, arts 5(3), 7(1)
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Commercial
Punch Partnerships (PTL) Ltd v The Highwayman Hotel (Kidlington) Ltd (Office of the Pubs Code Adjudicator intervening) — [2020] Bus LR 1051
ARBITRATION — Award — Serious irregularity — Tied pub tenant contending terms of new lease offered by landlords unreasonable and referring matter to adjudicator for arbitration — While arbitration ongoing adjudicator in exercise of regulatory function requiring landlords to supply information as to general policy on length of leases — Adjudicator disclosing information to tied tenant in arbitration — Adjudicator subsequently holding terms of proposed lease unreasonable and ordering landlords to offer lease for minimum five-year period — Whether having acquired information adjudicator under obligation to recuse herself — Whether commercially sensitive information obtained by adjudicator in exercise of regulatory function disclosable to party in arbitration — Whether adjudicator having power to order lease of particular length — Whether serious irregularity affecting adjudicator’s award — Arbitration Act 1996 (c 23), ss 68, 69 — Small Business, Enterprise and Employment Act 2015 (c 26), s 43(4) — Pubs Code etc Regulations (SI 2016/790), reg 32
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Times Travel (UK) Ltd v Pakistan International Airlines Corpn — [2020] 1 WLR 2523
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BV Nederlandse Industrie van Eiprodukten v Rembrandt Enterprises Inc — [2020] 1 WLR 2581
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Commercial
Sainsbury’s Supermarkets Ltd v MasterCard Inc — [2020] WLR(D) 358
COMPETITION — Restriction or distortion of competition — Anti-competitive agreement — Credit and debit card companies’ payment schemes allowing default multilateral interchange fees to be charged to retailers’ banks for each card transaction but passed on by them in service charge payable by retailers — Claim by retailers that scheme allowing banks to collectively fix non-negotiable minimum price floor for fees, precluding any competition between banks and retailers as to level of service charge — Whether schemes restrictive of competition — Claim by defendants that schemes within “wider economic benefit” exemption in any event — Claim that, in further event, merchants’ losses mitigated by being passed on to customers — Detail of evidence necessary to meet exemption or mitigation of damages claims — FEU Treaty, art 101(1)(3)
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Commercial
Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd — [2020] WLR(D) 363
BUILDING — Contract — Adjudication — Enforcement — Statutory rules requiring set-off of claims and counterclaims and payment of balance — Insolvent party referring dispute to adjudication in circumstances where responding party having cross-claim — Whether calculation of balance due in accordance with Rules extinguishing contractual claim — Whether adjudicator having jurisdiction — Whether adjudication having any utility if referring party in insolvent liquidation — Whether injunction to be granted preventing continuation of adjudication — Housing Grants, Construction and Regeneration Act 1996 (c 53), s 108(1) — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 14.25
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Crime
Wycombe District Council v Snowball — [2020] WLR(D) 372
CRIME — Public spaces protection order — Breach — Police officer requesting defendant to surrender lager can which officer reasonably believing to contain alcohol in breach of public spaces protection order — Defendant refusing and officer issuing fixed penalty notice — Defendant then pouring out can to show contents not alcohol — Defendant not paying amount required by notice — District judge finding defendant not guilty of offence on basis that necessary reasonable belief of officer continuing process which ceased to exist after penalty notice issued — Whether district judge erring in law — Anti-social Behaviour, Crime and Policing Act 2014 (c 12), ss 63, 68
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Crime
R v Mohammed (Shahid) — [2020] WLR(D) 366
CRIME — Homicide — Murder — Arson — Life sentence — Proper approach to determining minimum term where murders occurring before coming into force of new statutory provisions on sentencing — Criminal Justice Act 2003 (c 44), Sch 21, 22
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Crime
R (Terra Services Ltd) v National Crime Agency — [2020] WLR(D) 367
CRIME — Letter of request — Criminal investigation — Foreign judicial authority requesting mutual legal assistance from United Kingdom to obtain evidence for criminal investigation — UK Central Authority directing National Crime Agency to apply for search warrant or production order — Whether direction containing alternative courses of action unlawful — Whether central authority under duty to test letter of request and/or carry out own investigation — Police and Criminal Evidence Act 1984 (c 60) (as amended by Courts Act 2003 (c 39), s 65, Sch 4, para 6(1) and Serious Organised Crime and Police Act 2005 (c 15), s 113(13)), s 9(1), Sch 1, para 12 — Crime (International Co-operation) Act 2003 (c 32) (as amended by Serious Organised Crime and Police Act 2005, s 111, Sch 7, para 51(1)(2)), ss 13(1)(b), 16
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Crime
Proceedings concerning Dorobantu — [2020] 1 WLR 2485
EXTRADITION — European arrest warrant — Prison conditions in issuing state — Evidence that prison conditions in issuing member state not satisfying fundamental rights — Whether executing judicial authority required to take account of size of prison cells — Whether minimum standards as to personal space available to prisoner applying — Whether legal remedies in issuing member state averting risk of breach of fundamental rights — Whether efficacy of judicial co-operation in criminal matters relevant — Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 3 — Charter of Fundamental Rights of the European Union, art 4 — Council Framework Decision 2002/584/JHA, art 1(3)
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Employment
Practice Guidance (Employment tribunals: Vulnerable parties and witnesses) — [2020] ICR 1002
PRACTICE — Employment tribunals — Vulnerable parties and witnesses — Appropriate directions or orders to facilitate participation in proceedings — Adjustments — Vulnerable participants with disability — Capacity to litigate — Privacy
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Employment
Practice Direction (Employment tribunals: Electronic signatures) — [2020] ICR 1041
PRACTICE — Employment tribunals — Electronic signatures — Documents signed by employment judge — Methods of signing where documents delivered by electronic communication
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Employment
Royal Mail Group Ltd v Communication Workers Union — [2020] ICR 940
TRADE DISPUTE — Act in furtherance of — Ballot — Union encouraging postal employees to intercept ballot papers at work and vote immediately rather than allow delivery to home addresses — Whether “interference” by union — Whether union’s actions contravening requirement to post to home address — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 230(1)(2)(4), (as amended by Trade Union Reform and Employment Rights Act 1993 (c 19), s 17 and Employment Relations Act 1999 (c 26), Sch 3, para 7)
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Employment
Tiplady v City of Bradford Metropolitan District Council — [2020] ICR 965
EMPLOYMENT — Protected disclosure — Planning officer — Claimant planning officer making complaints against employer council over its treatment of issues raised as private householder — Claimant claiming detrimental treatment after protected disclosure — Tribunal finding any detriment suffered in capacity as householder rather than as employee — Whether “detriment” confined to detriment in field of employment — Employment Rights Act 1996 (c 18) (as amended by Public Interest Disclosure Act 1998 (c 23), s 2), s 47B(1)
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Employment
Sanderson v NHS Business Services Authority — [2020] ICR 905
PENSIONS — Pension scheme — Construction — Death benefits pursuant to NHS pension scheme — Benefits payable if locum practitioner in “pensionable employment” at time of death — Whether in pensionable employment in breaks between contracts for services — Whether “engaged” under contract for services during breaks — National Health Service Pension Scheme Regulations 1995 (SI 1995/300), Sch 2, para 9A (as inserted by National Health Service Pension Scheme (Amendment) Regulations 2002 (SI 2002/561), Sch 1, para 10(10))
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Employment
Pensions-Sicherungs-Verein VVaG v Bauer — [2020] ICR 985
EMPLOYMENT — Employer’s insolvency — Liability of guarantee institution — Occupational old-age pension comprising monthly pension supplement and annual Christmas bonus plus pension paid by inter-occupational institution — State supervisory authority for financial services authorising reduction in pension calculated on basis of employer’s contributions in light of financial difficulties of institution — Employer initially offsetting reductions in benefits paid until becoming insolvent — Whether institution responsible for guaranteeing occupational pensions in event of insolvency of employer obliged to offset reductions — Whether reduction in amount of occupational old-age pension benefits paid to employee, on account of insolvency of employer, to be regarded as manifestly disproportionate — Whether EU Directive having direct effect — Parliament and Council Directive 2008/94/EC, art 8
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Employment
Comr of the City of London Police v Geldart — [2020] ICR 920
DISCRIMINATION — Sex — Less favourable treatment — Police officer in City of London force on maternity leave — London allowance treated as pay and reduced when on leave — Whether officer entitled to full allowance — Whether pay — Complaint of direct sex discrimination — Whether claim excluded — Whether comparator required — Equality Act 2010 (c 15) (as amended by Equality Act 2010 (Amendment) Order 2010 (SI 2010/2622), art 2), ss 13, 39(2), 42(1), 76(1A), Sch 9, para 17 — Police Regulations 2003 (SI 2003/527), reg 34(1), Annex U, para 3
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Employment
R (Palestine Solidarity Campaign Ltd) v Secretary of State for Housing, Communities and Local Government — [2020] ICR 1013
PENSIONS — Pension scheme — Local government pension scheme — Secretary of State publishing statutory guidance for authorities administering local government pension scheme — Guidance prohibiting authorities from pursuing pension policies contrary to Government foreign or defence policy — Whether Secretary of State acting beyond powers conferred by enabling legislation — Whether guidance lawful — Public Service Pensions Act 2013 (c 25), s 3, Sch 3, para 12 — Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016 (SI 2016/ 946), reg 7(2)(e)
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European Union
Bioplus Life Sciences Pte Ltd v Secretary of State for Health — [2020] 1 WLR 2565
EUROPEAN UNION — Breach of European Union law — Damages — Claimant companies having marketing authorisation for particular medicinal product — Other materially identical products available on UK market not classified as medicinal products and thus not required to comply with requirements of relevant Directive — Decision of national body not to classify those products held to breach obligations under Directive — Whether claimants having remedy in damages for losses suffered by reason of breach — Whether Directive conferring rights on individuals — Council Directive 2001/83/EC, arts 6(1), 76(1), 111(1)
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Public law
HK v Secretary of State for Work and Pensions — [2020] WLR(D) 371
EUROPEAN UNION — Freedom of movement — Social security — British citizen marrying claimant Austrian national while living and working in Germany — Claimant’s wife accruing right of permanent residence in Germany — Couple moving to United Kingdom as result of wife’s ill health and applying for benefits — Claimant’s application for state pension credit refused on basis no right to reside where wife not “qualified person” — Whether requirement that wife be qualified person contrary to European Union law — Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) (as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 (SI 2018/801), Sch 1, para 3), regs 6(1), 9 — FEU Treaty, art 45FEU — Parliament and Council 2004/38/EC
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Public law
Point West GR Ltd v Bassi — [2020] WLR(D) 369
TRIBUNAL — First-tier Tribunal — Practice and procedure — First-tier Tribunal reviewing its previous decision and deciding case on completely new point — Proper scope of review — Tribunals, Courts and Enforcement Act 2007 (c 15), ss 9(1), 11(2)
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Public law
Akindele v General Chiropractic Council — [2020] ICR 998
MEDICAL PRACTITIONER — Discipline — Appeal — Appeal against extension of suspension order made by Professional Conduct Committee in disciplinary proceedings — Parties agreeing extension decision to be reviewed in light of change of circumstances with direction of appeal court to that effect — Whether appeal court having power to remit decision for review without first quashing decision under challenge — Chiropractors Act 1994 (c 17) (as amended by National Health Service Reform and Health Care Professions Act 2002 (c 17), s 34), ss 22(4)(c)(9), 31(8)
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Public law
Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government — [2020] PTSR 993
PLANNING — Development — Sustainable development — Secretary of State’s inspector upholding refusal of claimant’s application for planning permission — Whether development plan policies to be disregarded in applying tilted balance in favour of sustainable development — Whether inspector erring — Planning and Compulsory Purchase Act 2004 (c 5), s 38(6) — National Planning Policy Framework (2019), para 11
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Dulgheriu v Ealing London Borough Council — [2020] 1 WLR 2612
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Dulgheriu v Ealing London Borough Council — [2020] PTSR 992
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Public law
KH v Bury Metropolitan Borough Council — [2020] WLR(D) 364
EUROPEAN UNION — Freedom of movement — Social security — Local housing authority cancelling housing benefit award on ground claimant ceasing to have relevant right to reside — Whether claimant retaining status of “worker” with right to reside — Whether sufficing that claimant in duly recorded involuntary unemployment after having been employed in United Kingdom for at least one year and having registered as jobseeker with relevant employment office — Whether further requirement to provide evidence of “genuine chance of being engaged” contrary to European Union law — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 6(1)(2)(b)(6)(7) (as amended by Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (SI 2011/544), Sch 2, para 3, Immigration (European Economic Area) (Amendment) (No 2) Regulations 2013 (SI 2013/3032), Sch 1, para 3 and Immigration (European Economic Area) (Amendment) Regulations 2014 (SI 2014/1451), reg 3(3)) — Parliament and Council Directive 2004/38/EC, art 7(3)(b)
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Public law
BN v Liverpool City Council — [2020] WLR(D) 361
SOCIAL SECURITY — Housing benefit — Shared ownership tenancy — Claimant as personal representative of estate of late father claiming housing benefit in respect of service charges on father’s property — Father owning 75% of property on leasehold interest — No rent payable on remaining 25% — Service charge payable by reference to number of properties in development not percentage of ownership — Whether “shared ownership tenancy” giving rise to entitlement to housing benefit — Housing Benefit Regulations 2006 (SI 2006/213) (as amended by Housing Benefit (Amendment) Regulations 2007 (SI 2007/1356), reg 2), regs 2(1), 12(2)
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Public law
Lownie v Information Comr — [2020] WLR(D) 362
FREEDOM OF INFORMATION — Disclosure — Exemption — Request for information including file on security vetting of member of Foreign and Commonwealth Office — Whether request properly to be refused under statutory exemption for information relating to bodies dealing with security matters — Whether reliance on exemption in respect of all not part of file involving change of position requiring permission of tribunal — Freedom of Information Act 2000 (c 36) (as amended by Serious Organised Crime and Police Act 2005 (c 15), Sch 4, para 159, Justice and Security Act 2013 (c 18), Sch 2(1), para 5(2) and Crime and Courts Act 2013 (c 22), Sch 8(2), para 102), ss 23, 24
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Public law
R (Bank Renewables Ltd) v Secretary of State for Business, Energy and Industrial Strategy — [2020] 4 WLR 84
JUDICIAL REVIEW — Judgment — Settlement of claim — Judgment in public law claim yet to be submitted in draft for consideration by parties — Parties proposing to settle by withdrawing claim on basis judgment not to be delivered — Whether judgment to be handed down
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Public law
Dawson-Damer v Taylor Wessing llp — [2020] 3 WLR 1
CONFLICT OF LAWS — Privilege — Legal professional privilege — Beneficiary under Bahamian trust making data subject access request in respect of personal data held by English solicitors to Bahamian trustee — Whether solicitors entitled to withhold data in reliance on legal professional privilege exception — Whether beneficiary and trustee having joint privilege in relevant documents — Whether existence of joint privilege to be determined by English or Bahamian law — Whether joint privilege characterised as procedural or trust law
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R (Oyston Estates Ltd) v Fylde Borough Council — [2020] 1 WLR 2546
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R (Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department — [2020] 1 WLR 2632
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Public law
Devani v Secretary of State for the Home Department — [2020] 1 WLR 2613
TRIBUNAL — First-tier Tribunal — Practice and procedure — Slip rule permitting First-tier Tribunal to correct accidental slip or omission in “decision or record of a decision” — Whether First-tier Tribunal able to use slip rule to correct mistake in formal notice of decision — — Whether if slip corrected on appeal Upper Tribunal should consider challenge to substantive point — Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698), r 24 — Tribunal Procedure (First-tier Tribunal (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), r 31
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Lewis v Tindale — [2020] 1 WLR 2564
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Public law
Anixter Ltd v Secretary of State for Transport — [2020] 1 WLR 2547
COMPULSORY PURCHASE — Compulsory purchase order — General vesting declaration — Vesting declaration made in respect of land in which long tenancy subsisting — Tenancy protected by statutory security of tenure provisions — Whether tenancy “long tenancy which is about to expire” — Compulsory Purchase (Vesting Declarations) Act 1981 (c 66), ss 2(2), 9
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Public law
R (Michael) v Governor of Whitemoor Prison — [2020] 1 WLR 2524
HUMAN RIGHTS — Fair trial — Prisoner — Serving prisoner bringing civil claim as litigant in person — Prison authorities refusing prisoner’s application for direction that he attend trial — Whether breach of right to fair trial — Whether prisoner’s attendance by video link sufficient — Crime (Sentences) Act 1997 (c 43), Sch 1, para 3 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6
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Public law
R (Johnson) v Secretary of State for Work and Pensions — [2020] WLR(D) 360
SOCIAL SECURITY — Universal credit — Calculation — Claimants bringing judicial review of system for calculating each claimant’s earned income for each monthly assessment period within that claimant's period of entitlement to universal credit — System not accommodating people who were usually paid their salary on a particular day each month if their usual payment date fell on a weekend or bank holiday — Whether system of calculation irrational in failing to cater for non-banking day salary shift — Universal Credit Regulations 2013 (SI 2013/376), reg 54
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Tax
R (JJ Management llp) v Revenue and Customs Comrs — [2020] WLR(D) 359
REVENUE — Income tax — Assessment — Revenue conducting informal investigation into taxpayers’ tax affairs — Whether revenue having power to conduct such investigation — Proper approach to judicial review of decision to conduct such investigation — Taxes Management Act 1970 (c 9) (as amended by Finance Act 2001 (c 9), s 88, Sch 29, para 4(1), Finance Act 2004 (c 12), s 30, Sch 5, para 1(2), Finance Act 2005 (c 7), s 88(1), Commissioners for Revenue and Customs Act 2005 (c 11), s 50, Sch 4, para 12 and Finance Act 2007 (c 11), s 96(1)), ss 1, 9A — Commissioners for Revenue and Customs Act 2005 (c 11), ss 5, 9 — Finance Act 2008 (c 9), Sch 36
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Trusts and Chancery
Boston Trust Company Ltd v Szerelmey Ltd — [2020] WLR(D) 365
COMPANY — Shareholder — Derivative claims — Claimants’ standing to bring derivative claim dependant on rectification of company’s share register — Claimants seeking permission to continue derivative claim — Whether court having jurisdiction to grant permission conditional on successful outcome of claim to rectify register — Whether conditional permission to be granted — CPR rr 3.1(3), 19.9(4)
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