Civil litigation
Les Ambassadeurs Club Ltd v Yu — [2021] WLR(D) 465
INJUNCTION — Freezing-order — Worldwide — Company refused post-judgment freezing injunction — Company asserting judge applying too high a threshold when assessing real risk of dissipation of assets — Correct test for “real risk of dissipation”
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Civil litigation
Rix v Paramount Shopfitting Co Ltd — [2021] 4 WLR 109
FATAL ACCIDENTS ACTS — Damages — Widow's dependency — Deceased building up family business — Claimant wife of deceased receiving salary as director of business and dividends as shareholder but not working in business — Deceased dying from mesothelioma caused by exposure to asbestos in course of earlier employment with defendant — Claimant bringing claim against defendant for financial dependency — Whether having valid claim for financial dependency where profitability of family business increasing after death of deceased — Appropriate method of calculation of financial dependency — Fatal Accidents Act 1976 (c 30), s 3(1)
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Trusts and Chancery
In re MBI International & Partners Inc — [2021] WLR(D) 464
INSOLVENCY — Inquiry into company’s dealings — Examination in private — Director examined by court about company’s dealings and affairs — Whether statements made during examination protected by witness immunity — Insolvency Act 1986 (c 45), s 236
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Crime
R v McWilliams (Attorney General’s Reference) — [2021] 4 WLR 107
CRIME — Sentence — Sexual offences — Life sentence with minimum term — Length of minimum term — Early release provisions for violent and sexual offenders increased from one half to two thirds of determinate term of imprisonment — Minimum specified term similarly increased — Powers of Criminal Courts (Sentencing) Act 2000 (c 6), s 82A(3) — Criminal Justice Act 2003 (c 44), s 244 — Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (SI 2020/158), art 3
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Crime
R v Grant — [2021] WLR(D) 470
CRIME — Homicide — Murder — Joint enterprise — First defendant passenger in car charged as secondary party to murder — Second defendant driver of car committing act which resulted in deceased’s death — Whether secondary liability of person encouraging or assisting crime based on causation — Whether pre-emptive decision by second defendant to run down deceased rather than attack him on foot overwhelming supervening act to be left to jury
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Crime
R v Taylor (Jamie) (Attorney General's Reference) — [2021] WLR(D) 468
CRIME — Sentence — Manslaughter — Deceased dying as direct result of racist abuse by defendant and co-accused — Whether judge sufficiently reflecting racial element of offence in sentence
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Family
A v B — [2021] 4 WLR 108
PRACTICE — Family Court — Port alert orders — Wardship application to High Court with attached application for port alert order — Whether child to be made ward of court — Whether Family Court having jurisdiction to make port alert order on freestanding application — Whether High Court to make such order — Matrimonial and Family Proceedings Act 1984 (c 42), s 31E(1)(a)
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Family
In re X (Children) (Article 61 BIIa) — [2021] WLR(D) 466
CHILDREN — Orders with respect to children — Jurisdiction — Father commencing parental responsibility proceedings in England and mother commencing proceedings in Russia — Judge finding proceedings subject to Hague Convention — Whether proceedings falling under European Union Regulation if children habitually resident in England when English proceedings commenced — Council Regulation (EC) No 2201/2003 arts 61 , 62
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IP and Media
Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Co LLC — [2021] WLR(D) 463
PATENT — Infringement — Injunction — Undertaking as to damages — Defendants seeking to prevent manufacture and use of drug by other pharmaceutical companies — Defendants threatening proceedings and obtaining interim injunctions and orders for relief against companies and against various public health bodies — Defendants providing cross-undertakings to pay compensation for losses incurred as result of orders and injunctions made — Defendants’ claim for patent infringement dismissed — Claimants bringing separate claims for compensation from defendants under cross-undertakings — Whether correct to assume single counterfactual for each inquiry claim in which all other orders, undertakings or threats made disregarded
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Public law
R (CSM) v Secretary of State for the Home Department — [2021] 4 WLR 110
IMMIGRATION — Detention — Inhuman and degrading treatment — Claimant with HIV detained pending hearing of asylum claim — Whether systemic flaw in arrangements for detention of individuals with HIV — Whether operational flaws in ensuring provision of requisite medical treatment — Whether breaching claimant’s Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3
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Public law
R (Akinola) v Upper Tribunal (Secretary of State for the Home Department, interested party) — [2021] WLR(D) 469
IMMIGRATION — Leave — Extension — Claimants seeking variation of existing leave to remain — Secretary of State refusing applications — Claimants making out of time appeal for which extension given or having decisions withdrawn or reconsidered — Effect on continuation of leave pending outcome of variation decision — Immigration Act 1971 (c 77), s 3C
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Trusts and Chancery
In re Fowlds (A Bankrupt) — [2021] WLR(D) 467
BANKRUPTCY — Adjustment of prior transactions — Transactions at undervalue or preferences — Trustees in bankruptcy claiming sum paid by bankrupt to transferee constituting preference and seeking repayment — Sum no longer available to transferee as source of repayment — Transferee claiming change of position making it inequitable to require repayment of sum — Relevance of change of position to exercise of discretion whether to grant trustees relief — Whether circumstances sufficiently exceptional to justify not granting relief — Insolvency Act 1986 (c 45), s 340(2)
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