Civil litigation
DSG Retail Ltd v Mastercard Inc — [2020] Bus LR 1360
LIMITATION OF ACTION — Breach of duty — Concealment of facts — Provision postponing running of limitation period if facts deliberately concealed from claimant and not discoverable with reasonable diligence — Proper approach to applying reasonable diligence test — Limitation Act 1980 (c 58), s 32
Read more...
Yukos International UK BV v Merinson — [2020] ICR 1123
Read more...
Civil litigation
Stephenson Harwood llp v Medien Patentverwaltung AG — [2020] WLR(D) 427
PRACTICE — Stakeholder application — Competing claims — Solicitors bringing stakeholder claim for directions as to whether it should pay sum in its client account to first or second respondent — First respondent failing to make application challenging court’s jurisdiction to determine dispute between it and second respondent — Whether to be treated as having accepted court’s jurisdiction — CPR rr 11(1), 86.2
Read more...
Civil litigation
Zenith Logistics Services (UK) Ltd v Keates — [2020] 1 WLR 2982
PRACTICE — Settlement of action — Consent order — Parties asking court to make Tomlin order staying proceedings on terms set out in confidential schedule to order — Whether making of such order contrary to principle of open justice — Whether schedule forming part of court order — CPR rr 5.4C, 40.6
Read more...
Commercial
Generics (UK) Ltd v Competition and Markets Authority — [2020] Bus LR 1323
COMPETITION — Restriction or distortion of competition — Anti-competitive agreement — Pharmaceutical products — Manufacturer of originator medicines holding manufacturing process patent for active ingredient in public domain — Manufacturers of generic medicine preparing to enter market — Patent validity and infringement disputes between originator manufacturer and generic manufacturers — Manufacturers entering into settlement agreements — Whether potential competitors — Whether settlement agreements constituting agreements having object or effect of restriction of competition — FEU Treaty, art 101(1)FEU
Read more...
Commercial
Attorney General of the Virgin Islands v Global Water Associates Ltd — [2020] WLR(D) 431
Damages — Contract — Breach — Company entering separate contracts with government to build and manage water reclamation treatment plant — Government breaching building contract and plant not built — Whether company entitled to damages for lost profit under management contract — Whether damages too remote
Read more...
Commercial
London Steam-Ship Owners’ Mutual Insurance Association Ltd v Kingdom of Spain (The Prestige) — [2020] WLR(D) 430
INTERNATIONAL LAW — State immunity — Statutory exception — Vessel causing pollution to Spanish shoreline — Spain bringing proceedings against master and owners — Spain also entitled by Spanish legislation to bring claim against liability insurer of master and owners — Spain obtaining judgment against insurer — Insurance policy containing London arbitration agreement — Insurer obtaining arbitration award to effect Spain bound by arbitration agreement and civil claims to be referred to London arbitration — Order enforcing award subsequently granted — Spain’s attempts to register and enforce Spanish court judgment in England pending — Insurer commencing arbitration claim before English court seeking appointment of arbitrator to preside over new arbitration claims seeking anti-suit injunction, equitable compensation for breach of equitable obligation to arbitrate claims brought in Spain and contractual damages arising from Spain’s participation in enforcement proceedings — Insurer obtaining order granting permission to serve arbitration claim form on Spain out of jurisdiction — Spain applying to set aside order on ground of state immunity — Spain also opposing appointment by court of arbitrator — Whether Spain having “agreed in writing” to submit dispute to arbitration — Whether Spain having submitted to jurisdiction — Whether Spain’s claim constituting “commercial transaction” — Whether Spain having immunity — Whether arbitrator to be appointed — State Immunity Act 1978 (c 33), ss 2, 3(1)(a), 9 — Arbitration Act 1996 (c 23), s 18
Read more...
Commercial
SL v Vueling Airlines SA — [2020] WLR(D) 425
AIRCRAFT — Carriage by air — Carrier’s liability for damage — Lost checked baggage — Passenger claiming that loss constituting most serious case of damage to baggage under international Convention — Passenger neither indicating contents of baggage, its value or weight — Whether compensation limit under Convention provision constituting maximum amount of compensation — Whether Convention provision determining detailed rules for setting amount of compensation — Convention for the Unification of Certain Rules for International Carriage by Air (1999), arts 17(2), 22 (2)
Read more...
Commercial
AXA Insurance UK Ltd v EUI Ltd (t/a Elephant Insurance) — [2020] 1 WLR 3048
ROAD TRAFFIC — Third party insurance — Insurer’s liability — Customer of garage driving courtesy car while own car repaired — Customer having road traffic collision on way home from work — Whether customer’s liability for collision to be indemnified equally by insurer of courtesy car and insurer of customer’s own car — Whether use at time of collision “social, domestic and pleasure use” — Whether courtesy car “private motor car”
Read more...
Commercial
UB v VA (Banque patrimoine et immobilier intervening) — [2020] 1 WLR 2955
INSOLVENCY — International jurisdiction — European Union — Debtor mortgaging and selling properties situated in France while assets frozen by English court — Debtor subsequently declared bankrupt by English court — Trustee in bankruptcy authorised by English court to bring action in France seeking declaration that mortgage and sale ineffective as against trustee — Whether action falling within exclusive jurisdiction of English court — Whether authorisation of trustee having effect of conferring jurisdiction on French court — Council Regulation (EC) No 1346/2000, arts 3(1), 25(1)
Read more...
Costs
JH (Palestinian Territories) v Upper Tribunal (Immigration and Asylum Chamber) — [2020] WLR(D) 429
COSTS — Upper Tribunal — Judicial review — Claimant appealing decision of First-tier Tribunal to Upper Tribunal — Upper Tribunal refusing claimant permission to rely on extended grounds of appeal — Administrative Court refusing claimant permission to proceed with judicial review of Upper Tribunal’s refusal — Claimant granted permission to appeal Administrative Court’s refusal — Secretary of State failing to request judicial review hearing and Upper Tribunal’s decision quashed — Whether costs of judicial review claim to be ordered against Upper Tribunal or Secretary of State — Proper approach to award of costs — CPR r 54.7A — Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698), r 10.3
Read more...
Crime
R v Lawrance — [2020] WLR(D) 440
CRIME — Sexual offence — Rape — Consent — Complainant agreeing to sexual intercourse with defendant who falsely represented that he had had a vasectomy — Complainant subsequently discovering defendant had lied — Whether defendant’s lie vitiating complainant’s consent — Sexual Offences Act 2003 (c 42), ss 1, 74, 76
Read more...
Crime
R v A — [2020] WLR(D) 435
CRIME — Sentence — Appeals against sentence — Substituting special custodial sentence for standard determinate sentence — Need to ensure defendant not dealt with more severely on appeal than in court below — Whether consideration to be given to entitlement to release or eligibility for release — Criminal Appeal Act 1968 (c 19), s 11(3) — Criminal Justice Act 2003 (c 44), s 236A (as inserted by Criminal Justice and Courts Act 2015 (c 2), s 95(1), Sch 1, para 2)
Read more...
Crime
Dines v Director of Public Prosecutions — [2020] 1 WLR 3007
CRIME — Sentence — Confiscation order — Criminal proceedings against appellants commenced in Italy for tax fraud — Appellants entering into "patteggiamento" consisting of a negotiated agreement for a penalty in criminal cases — Confiscation orders also made — Whether foreign confiscation order to be registered in this jurisdiction — Whether patteggiamento equating to criminal conviction under Italian law — Whether counting as criminal conviction for purposes of English law — Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181), art 21
Read more...
Crime
R v Smith (Alec) — [2020] WLR(D) 420
CRIME — Evidence — Hearsay — Defendant charged with indecent assault — Crown serving hearsay material in form of complainant’s ABE interview and witness statements without making hearsay application — At trial Crown seeking to rely on evidence by complainant of defendant’s confession as support for immediate complaint having been made — Judge failing to give ruling on admissibility of multiple hearsay statements before admitting them in evidence — Whether multiple hearsay statements admissible — Whether judge’s warnings to jury sufficient to avoid risk of injustice — Criminal Justice Act 2003 (c 44), ss 115, 121(1)(2) — Crim PR r 20.2(2)
Read more...
Employment
Econ Engineering Ltd v Dixon — [2020] WLR(D) 439
EMPLOYMENT — Working time provisions — Employment with normal working hours — A week’s pay — Claimants paid profitability bonus dependent on calculation of company’s profits — Whether bonus included in calculation of “a week’s pay” — Employment Rights Act 1996 (c 18), s 221(2) — Working Time Regulations 1998 (SI 1998/1833), reg 13A (as inserted by Working Time (Amendment) Regulations 2007 (SI 2007/2079) reg 2(2))
Read more...
Kostal UK Ltd v Dunkley — [2020] ICR 1062
Read more...
Employment
Watson v Hemingway Design Ltd — [2020] ICR 1063
INSURANCE — Third party rights — Transfer of rights — Claimant bringing proceedings
for constructive dismissal — Claimant seeking
to recover compensation from insurer of insolvent employer — Whether issues between insurer and claimant arising from
employment relationship — Whether employment tribunal
having jurisdiction — Third Parties (Rights against Insurers) Act 2010 (c
10), ss 1, 2
Read more...
Okedina v Chikale — [2020] ICR 1142
Read more...
McNeil v Revenue and Customs Comrs — [2020] ICR 1114
Read more...
Capita Customer Management Ltd v Ali (Working Families intervening) — [2020] ICR 1076
Read more...
Employment
Practice Direction (Employment Appeal Tribunal: Procedure) 2018 (Amendment) — [2020] ICR 1139
INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Procedure — Hearings — Temporary provisions for partially and wholly remote hearings — Employment Tribunals Act 1996 (c 17), s 28
Read more...
Granada UK Rental & Retail Ltd v Pensions Regulator — [2020] ICR 1102
Read more...
Employment
Barnard v Hampshire Fire and Rescue Authority (No 2) — [2020] ICR 1077
DISCRIMINATION — Sex — Equal pay — Time limit — Claimant promoted to different roles in same department — Whether “stable working relationship” — Whether equal pay claim relating to earlier roles out of time — Equality Act 2010 (c 15), ss 129, 130
Read more...
Flowers v East of England Ambulance Service NHS Trust — [2020] ICR 1141
Read more...
Employment
Morgan v Abertawe Bro Morgannwg University Local Health Board — [2020] ICR 1043
INDUSTRIAL RELATIONS — Employment tribunals — Evidence — Employment tribunal upholding claim of disability discrimination — Claimant seeking to adduce medical evidence at remedy hearing — Permission given to obtain expert report — Report based on existing material as to claimant’s health — Tribunal deciding such evidence not reasonably required to resolve proceedings — Whether correct approach to admission of expert evidence — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 2 — Civil Procedure Rules, r 35.1
Read more...
Anderson v Turning Point Eespro (Equality and Human Rights Commission intervening) — [2020] ICR 1138
Read more...
Employment
Walker v Wallem Shipmanagement Ltd — [2020] ICR 1103
DISCRIMINATION — Sex — Seafarer — Claimant applying to foreign management company for work on foreign ship sailing in foreign waters — Company refusing to offer employment to female seafarers — Complaint of direct sex discrimination — Whether outside jurisdiction of employment tribunal — Equality Act 2010 (c 15), s 81 — Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (SI 2011/1771), reg 4
Read more...
Employment
NH v Associazione Avvocatura per i diritti LGBTI-Rete Lenford — [2020] ICR 1124
DISCRIMINATION — Employment — Sexual orientation — Public statements ruling out recruitment of homosexual persons — No recruitment procedure opened or planned — Whether “conditions for access to employment” satisfied — Whether member state entitled to determine conditions under which association representing collective interests could bring legal proceedings — Whether association representing collective interests having standing to bring proceedings without acting in name of specific complainant or in absence of injured party — Whether association entitled to damages — Council Directive 2000/78/EC, arts 3(1)(a), 8(1), 9(2)
Read more...
Employment
ISS Facility Services NV v Govaerts — [2020] ICR 1115
EUROPEAN UNION — Reference for a preliminary ruling — Directive 2001/23/EC — Article 3(1) — Transfers of undertakings — Safeguarding of employees’ rights — Public contract for cleaning services — Award of market lots to two new contractors — Re‑engagement of a worker assigned to all the market lots
Read more...
European Union
MH v OJ — [2020] WLR(D) 433
EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (UE) 2015/848 — Article 3 — International jurisdiction — Centre of a debtor’s main interests — Individual not exercising an independent business or professional activity — Rebuttable presumption that the centre of that person’s main interests is his or her habitual residence — Rebuttal of the presumption — Situation in which the debtor’s sole immovable asset is located outside the Member State of habitual residence
Read more...
European Union
Verein für Konsumenteninformation v Volkswagen AG — [2020] WLR(D) 426
CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction — Matters relating to tort, delict or quasi-delict — Vehicle manufacturer in Germany equipping vehicles with software that manipulated exhaust emission data — Consumers purchasing vehicles from third party in Austria — Whether Austrian courts having jurisdiction as courts for “the place where the harmful event occurred” — Parliament and Council Regulation (EU) No 1215/2012, art 7(2)
Read more...
Family
JE v KF — [2020] WLR(D) 428
EUROPEAN UNION — Reference for a preliminary ruling — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Uniform rules — Article 10 — Application of the law of the forum
Read more...
IP and Media
Regeneron Pharmaceuticals Inc v Kymab Ltd — [2020] Bus LR 1394
PATENT — Validity — Insufficiency — Teaching in patents only enabling some product types within range to be made — Whether sufficiency test satisfied if invention disclosing generally applicable principle with potential to yield benefits across range of product types — Whether patents invalid for insufficiency — Convention on the Grant of European Patents (1978) (Cmnd 7090), art 83
Read more...
IP and Media
Data Protection Comr v Facebook Ireland Ltd (United States of America intervening) — [2020] WLR(D) 437
EUROPEAN UNION — Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Regulation (EU) 2016/679 — Article 2(2) — Scope — Transfers of personal data to third countries for commercial purposes — Article 45 — Commission adequacy decision — Article 46 — Transfers subject to appropriate safeguards — Article 58 — Powers of the supervisory authorities — Processing of the data transferred by the public authorities of a third country for national security purposes — Assessment of the adequacy of the level of protection in the third country — Decision 2010/87/EU — Protective standard clauses on the transfer of personal data to third countries — Suitable safeguards provided by the data controller — Validity — Implementing Decision (EU) 2016/1250 — Adequacy of the protection provided by the EU-US Privacy Shield — Validity — Complaint by a natural person whose data was transferred from the European Union to the United States
Read more...
IP and Media
Sky Ltd (formerly Sky plc) v Skykick UK Ltd — [2020] WLR(D) 424
Trade mark — Infringement — Injunction — Claimants alleging infringement of EU and UK trade marks — Defendants found to have infringed some of claimants’ marks — Claimants applying for injunction to restrain defendants’ continued infringement — Parts of some of claimants’ trade mark registration applications filed in bad faith — Defendants opposing injunction as sanction for claimants’ actions and as deterrent to others — Whether “special reason” to justify refusal of injunction — Whether disproportionate to grant injunction — Parliament and Council Regulation 2017/1001, art 130(1)
Read more...
IP and Media
Dyson v Associated Newspapers Ltd — [2020] 1 WLR 2965
DEFAMATION — Honest opinion — Fact and opinion — Libel claim in respect of article published in print and online — Whether words containing defamatory imputation — Whether words complained of statement of fact or opinion — Whether words capable of being both fact and opinion — Defamation Act 2013 (c 26), s 3(2)
Read more...
Land law
Field v Freehold Properties 250 Ltd — [2020] 3 WLR 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)
Read more...
Public law
R (Williams) v Caerphilly County Borough Council — [2020] PTSR 1130
Local Government — Powers — Sports and recreation facilities — Funding — Local authority’s executive cabinet adopting strategy for provision of sports and recreation facilities over ten-year period — Whether executive decision to adopt strategy unlawful — Whether decision on adoption of strategy reserved to full council — Whether strategy “arrangement to secure continuous improvement in the exercise” of local authority’s functions — Whether local authority required to undertake consultation with local residents — Local Government Act 2000 (c 22), s 13(3) (as amended by Localism Act 2011 (c 20), s 22, Sch 3, para 13(2)) — Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (SI 2007/399) (W 45), reg 6(1), Sch 4, para 2 — Local Government (Wales) Measure 2009 (nawm 2), ss 2, 5
Read more...
Public law
South Derbyshire District Council v Secretary of State for Housing, Communities and Local Government — [2020] PTSR 1120
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))
Read more...
Public law
McMahon v Watford Borough Council — [2020] PTSR 1217
Local Government — Homeless persons — Priority need — Applicants with health issues seeking homelessness assistance — Local housing authorities determining applicants not “vulnerable” and so not in priority need — Whether review officer complying with public sector equality duty — Task of review officer in approaching requirements of homelessness code and public sector equality duty in vulnerability assessment — Housing Act 1996 (c 52), s 189(1)(c) — Equality Act 2010 (c 15), s 149
Read more...
Public law
R (Bayer plc) v NHS Darlington Clinical Commissioning Group — [2020] PTSR 1153
NATIONAL HEALTH SERVICE — Medicinal products — Commissioning policy — Clinical commissioning groups adopting policy on treatment of eye condition — Policy recommending use of particular product as preferred option for certain patients — Market authorisation for product only covering use for cancer treatment whereas claimants’ rival products having market authorisation specific to opthalmic use — Product recommended in policy used “off-label” by dividing original vials into smaller doses for injection into eye — Whether policy lawful — Whether contrary to European Union law — EU Treaty, art 4(3)EU — Parliament and Council Directive 2001/83/EC (as amended by Parliament and Council Directive 2004/27/EC, art 1), arts 2(1), 3, 5, 6(1)
Read more...
Public law
R (GS) v Senior Coroner for Wiltshire and Swindon — [2020] WLR(D) 441
CORONER — Inquest — Coroner’s duties — Inquest into death resulting from Novichok poisonings — Coroner ruling source of Novichok and responsibility of Russian state nationals other than two alleged perpetrators not to be investigated as part of inquest — Whether ruling unlawful on ground of irrationality — Whether determination of foreign state wrongdoing contravening prohibition on determination of civil liability — Whether state’s procedural obligation under Convention requiring investigation into foreign state responsibility — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2 — Coroners and Justice Act 2007 (c 25), ss 5, 10(2)
Read more...
Public law
R (Pantellerisco) v Secretary of State for Work and Pensions — [2020] WLR(D) 438
SOCIAL SECURITY — Universal credit — Calculation — Whether calculation of benefit cap in universal credit statutory scheme irrational and unlawful in respect of employees paid on four-weekly basis — Universal Credit Regulations 2013 (SI 2013/376)
Read more...
Public law
R (Humnyntskyi) v Secretary of State for the Home Department — [2020] WLR(D) 434
IMMIGRATION — Detention — Detention pending deportation — Immigration bail — Claimants granted immigration bail — Home Secretary refusing claimants’ applications for accommodation under relevant legislation — Whether decision of Home Secretary unlawful — Whether system for providing accommodation inherently unfair and unlawfully — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3 — Immigration Act 2016 (c 19), s 61, Sch 10, para 9
Read more...
Public law
R (Warner) v Secretary of State for Justice — [2020] WLR(D) 436
NATURAL JUSTICE — Bias — Apparent bias — Claimant convicted of offence in Crown Court — Criminal Cases Review Commission declining to refer claimant’s case to Court of Appeal — Whether decision tainted by bias — Whether commission sufficiently independent from executive — Whether commissioners lacking sufficient security of tenure — Whether Secretary of State misusing role as sponsor of commission — Criminal Appeal Act 1995 (c 35), s 8, Sch 1, para 2
Read more...
Public law
LB v Tower Hamlets London Borough Council — [2020] PTSR 1107
Local Government — Homeless persons — Review of local authority decision — Applicant evicted from accommodation due to rent arrears — Application for housing assistance refused on ground of intentional homelessness and upheld on review — Evidence of domestic violence before eviction — Applicant alleging violence after eviction and before housing assistance decision and review — Correct time to assess reasonableness of continued occupation of accommodation where applicant alleging future risk of domestic violence — Circumstances to be taken into account in assessment — Whether review decision lawful
Read more...
Public law
R (Begum) v Secretary of State for the Home Department — [2020] WLR(D) 421
NATIONALITY — British citizenship — Deprivation — Claimant British citizen travelling to Syria and marrying ISIL fighter — Claimant subsequently detained by Syrian Democratic Forces — Home Secretary deciding to deprive claimant of citizenship while overseas and to exclude her from United Kingdom for reasons of national security — Home Secretary refusing claimant’s application for leave to enter to pursue appeal against deprivation of citizenship — Whether decision to refuse entry rendering effect and fair appeal impossible — Whether procedural consequence of such determination that appeal to be allowed without examination on the merits — Whether principles of fairness and justice requiring claimant enter United Kingdom to pursue appeal — Whether conclusion that effective and fair appeal impossible requiring substantive appeal to be allowed without examining merits — Standard of review of Secretary of State’s determination that deprivation decision in accordance with policy — British Nationality Act 1981 (c 61), s 40A (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(1) and amended by Transfer of Functions of the Asylum and Immigration Tribunal Order 2010, art 5(1), Sch 1, para 7(a)) — Special Immigration Appeals Commission Act 1997 (c 68), ss 2, 2B (as inserted by Nationality, Immigration and Asylum Act 2002, s 4(2)) — Human Rights Act 1998 (c 42), Sch 1, Pt 1, art 3
Read more...
Tax
Beadle v Revenue and Customs Comrs — [2020] 1 WLR 3028
REVENUE — Tax avoidance — Partner payment notice — Revenue imposing penalty for non-payment of amount due under partner payment notice issued following inquiry into partnership’s tax return — Taxpayer appealing against penalty — Whether tribunal having jurisdiction in penalty appeal to determine validity of underlying partner payment notice — Whether statutory scheme excluding collateral public law challenge to validity of notice — Whether invalidity of notice providing “special circumstances” for reducing penalty or “reasonable excuse” for non-payment — Finance Act 2009 (c 10), Sch 56, paras 9, 16 — Finance Act 2014 (c 26), s 226, Sch 32
Read more...
Tax
Revenue and Customs Comrs v Payne — [2020] WLR(D) 423
REVENUE — Income tax — Vehicle — Income tax charge and charge to national insurance contributions where vehicle made available to employee — Charges varying depending on whether vehicle “car” or “van” — Company providing some employees with two types of first generation vans and claimants with second generation vans — Revenue issuing notices to employees and company on basis all vans not goods vehicles — Whether vehicles “goods vehicles” — Income Tax (Earnings and Pensions) Act 2003, s 115
Read more...
Tort
Roberts v Soldiers, Sailors, Airmen and Families Association (Allgemeines Krankenhaus Viersen GmbH, Part 20 defendant) — [2020] WLR(D) 422
CONFLICT OF LAWS — Tort — Choice of law — Claim for damages alleging defendants liable for injuries suffered by claimant during birth at hospital in Germany — Defendants claiming contribution from German hospital — Claim for contribution time-barred under German law but not under English statute — Whether statute having mandatory or overriding effect applying to all proceedings for contribution brought in England and Wales — Civil Liability (Contribution) Act 1978 (c 47), ss 1, 2(3), 7(3)
Read more...
Trusts and Chancery
In re Lehman Brothers International (Europe) (in Administration) — [2020] WLR(D) 432
INSOLVENCY — Administrator — Powers — Surplus funds remaining after payment of all liabilities and reserve maintained for small number of unresolved claims — Bank’s directors seeking distribution of surplus funds to sole shareholder — Administrators seeking court direction as to whether at liberty to consent to request — Whether in providing consent administrators performing functions in accordance with statutory objective — Insolvency Act 1986 (c 45), Sch B1, paras 3, 63, 64 (as inserted by Enterprise Act 2002 (c 40), Sch 16, para 1)
Read more...
|
|
|
|
