Civil litigation
Arshdeep v Buttar Construction Ltd — [2021] WLR(D) 499
PRACTICE — Damages — Interim payment — Claimant injured in course of work bringing personal injury claim against four defendants — Claimant seeking interim payment from two defendants pending trial — Judge making order against two defendants on basis one or other liable — Whether judge erring in law — Whether wrong to find test for interim payment met — CPR r 25.7(1)(c)(e)
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Civil litigation
Phones 4U v EE Ltd — [2021] ICR 1279
PRACTICE — Disclosure — Directions — Judge directing defendants to request employees to give IT consultants access to personal devices and e-mails so that IT consultants could search for work-related communications for disclosure review — Whether jurisdiction to make such direction — CPR r 31.5(8)
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Employment
Alta Trading UK Ltd (formerly Arcadia Petroleum Ltd) v Bosworth — [2021] ICR 1358
CONFLICT OF LAWS — Jurisdiction — Special jurisdiction — Matters relating to individual contracts of employment — Company directors able to determine terms of their contracts and having control and autonomy over companies’ business and performance of own duties — Companies’ shareholders able to terminate directors’ contracts — Whether directors in relationship of subordination with companies — Whether “individual contracts of employment” engaging rule of special jurisdiction — Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), arts 18, 20
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Stanford International Bank Ltd v HSBC Bank plc — [2021] 1 WLR 4696
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Costs
Infinity Distribution Ltd (in administration) v The Khan Partnership LLP — [2021] 1 WLR 4630
COSTS — Security for costs — Limited company — Claimant company in administration bringing proceedings against defendant firm of solicitors — Claimant ordered to provide security for costs — Claimant seeking to provide by way of deed of indemnity — Deed of indemnity potentially imposing liability for increase in premium on defendant if claim successful — Whether potential recoverability of premium a relevant consideration in deciding form of security — Whether deed of indemnity appropriate form of security — CPR r 25.12(3)
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Employment
Comr of the City of London Police v Geldart — [2021] ICR 1329
DISCRIMINATION — Sex — Less favourable treatment — Police officer in City of London force on maternity leave — London allowance treated as pay and withheld while on maternity leave — Complaint of direct sex discrimination — Whether officer entitled to allowance throughout maternity leave — Whether “pay” — Whether withheld because officer on maternity leave — Whether complaint of indirect discrimination barred — Equality Act 2010 (c 15), ss 13, 39(2), 71 — Police Regulations 2003 (SI 2003/527), reg 34(1), Annex U, para 3
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Employment
Cox v Adecco Group UK & Ireland — [2021] ICR 1307
EMPLOYMENT — Protected disclosure — Qualifying disclosure — Agency worker sending letter to respondent raising concerns fellow workers told his rate of pay — Assignment terminated — Claim of detriment for making protected disclosure — Employment tribunal finding letter self-serving and not in public interest — Claim struck out on ground no reasonable prospect of showing letter qualifying disclosure — Whether possibility claimant believing letter in public interest as showing breach of data protection — Whether issues sufficiently analysed by tribunal where claimant in person — Guidance on striking out protected disclosure claims — Employment Rights Act 1996 (c 18), ss 43B(1), 43C(1)
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Employment
Dad v General Dental Council — [2021] ICR 1383
DENTIST — Discipline — Registration — Dentist removed from register following fraud convictions — Subsequent application for restoration to register — Form requiring declaration of investigations by police or regulatory or licensing body — Dentist declaring convictions but subsequently failing to declare new investigation by NHS counter fraud services — Whether under duty to declare investigation
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Nwabueze v University of Law Ltd — [2021] ICR 1357
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Co-operative Group Ltd v Walker — [2021] ICR 1328
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Employment
Academia de Studii Economice din Bucureşti v Organismul Intermediar pentru Programul Operaţional Capital Uman – Ministerul Educaţiei Naţionale — [2021] ICR 1293
EMPLOYMENT — Working time provisions — Daily rest period — University receiving funding from respondent education ministry to implement development programme — Experts hired by university to work on project also working for university on other projects under separate contracts — Ministry disallowing salary costs where experts’ total working hours not permitting 11 consecutive hours of daily rest — Whether rest period applying to contracts taken together or separately — Parliament and Council Directive 2003/88/EC, arts 2, 3
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European Union
Privacy International v Secretary of State for Foreign and Commonwealth Affairs — [2021] 1 WLR 4421
DATA PROTECTION — Personal data — Access to — European Union Directive requiring member states to protect privacy and confidentiality of electronic communications — Member states able to make exception to requirement where necessary to safeguard national security — National legislation enabling general and indiscriminate transmission of users’ traffic and location data to security and intelligence services — Whether legislation falling within scope of Directive — Whether legislation compatible with European Union law — Telecommunications Act 1984, s 94 — EU Treaty, art 4(2)TEU — Charter of Fundamental Rights of the European Union, arts 7, 8, 11, 52(1) — Parliament and Council Directive 2002/58/EC, arts 1(3), 3, 15(1)
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European Union
La Quadrature du Net v Premier ministre — [2021] 1 WLR 4457
DATA PROTECTION — Personal data — Access to — European Union Directive requiring member states to protect privacy and confidentiality of electronic communications — Member states able to make exception to requirement where necessary to safeguard national security — French and Belgian legislation requiring electronic communications services providers to generally and indiscriminately forward users’ traffic and location data to public authority or to retain such data for purposes of safeguarding national security and combating crime and terrorism — Whether legislation compatible with European Union law — Whether national court could temporarily defer effects of national legislation which national courts bound to annul on account of incompatibility with EU law — Charter of Fundamental Rights of the European Union, arts 7, 8, 11, 52(1) — Parliament and Council Directive 2002/58/EC, arts 5, 15(1) — Parliament and Council Regulation (EU) 2016/679, art 23
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European Union
HK v Prokuratuur — [2021] 1 WLR 4587
DATA PROTECTION — Personal data — Access to — Estonian legislation allowing general and indiscriminate retention of traffic and location data by providers of electronic communications services for one year — Legislation allowing Estonian public prosecutor to grant authorisation to public authorities to access retained data — Data subject appealing against criminal conviction on ground that evidence obtained from retained personal data inadmissible — Whether duration of time public authorities having access to data constituting criterion for assessing seriousness of interference with data subjects’ fundamental rights — Whether Estonian public prosecutor constituting independent administrative authority — Whether EU law precluding national legislation — Charter of Fundamental Rights of the European Union, arts 7, 8, 11, 52(1) — Parliament and Council Directive 2002/58/EC, art 15(1)
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IP and Media
Mircom International Content Management & Consulting (MICM) Ltd v Telenet BVBA (Proximus NV intervening) — [2021] Bus LR 1294
COPYRIGHT — Communication to public — Rights — Pieces of media file containing protected work uploaded by user via peer-to-peer network — Whether “making available to public” of protected work — Parliament and Council Directive 2001/29/EC, art 3
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Public law
R (FF) v Secretary of State for the Home Department (Prince Nasser Bin Hamad Al Khalifa, interested party) — [2021] WLR(D) 498
IMMIGRATION — Immigration rules — Exclusion order — Consideration of evidence — Claimant individual providing evidence to and requesting Home Secretary to exclude foreign national from UK on grounds presence not conducive to public good — Home Secretary’s refusing to provide claimant with information on any decision reached on data protection grounds — Whether Home Secretary required to consider representations and evidence provided by claimant — Whether Home Secretary required to provide claimant with notification of and reasons for any exclusion decision
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Public law
Hillingdon London Borough Council v EB — [2021] WLR(D) 496
SOCIAL SECURITY — Housing benefit — Assessment — Claimant approved as foster parent by independent fostering agency — Local authority treating fostering allowance paid to claimant as earnings and reducing her housing benefit accordingly — Whether allowance to be disregarded in assessing housing benefit — Whether payment in respect of a person accommodated with the claimant under arrangements made by a local authority — Children Act 1989 (c 41), s 22C — Housing Benefit Regulations 2006 (SI 2006/ 213), reg 37(2), Sch 5, para 26 — Fostering Services (England) Regulations 2011 (SI 2011/581)
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Public law
R (Huxtable) v Secretary of State for Justice — [2021] WLR(D) 497
PRISONS — Prisoners’ rights — Release on licence — Parole Board decision that prisoner serving sentence of imprisonment for public protection suitable for release — Rule providing that such decision provisional and subject to reconsideration for 21 days before becoming final — Whether rule ultra vires — Whether rule made “with respect to the proceedings of the Board” — Whether reconsideration mechanism affecting substantive powers of Parole Board — Whether continued detention pending reconsideration in breach of Convention right to liberty — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Criminal Justice Act 2003 (c 44), s 239(5) — Parole Board Rules 2019 (SI 2019/1038), rr 9, 28
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SC (Jamaica) v Secretary of State for the Home Department — [2021] 1 WLR 4344
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JS (Uganda) v Secretary of State for the Home Department — [2021] 1 WLR 4669
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In re P (An Adult) — [2021] 1 WLR 4682
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Adesotu v Lewisham London Borough Council (Equality and Human Rights Commission intervening) — [2021] 1 WLR 4629
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R (WA (Palestinian Territories)) v Secretary of State for the Home Department (MIND intervening) — [2021] 1 WLR 4586
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Public law
NA (Bangladesh) v Secretary of State for the Home Department — [2021] 1 WLR 4670
IMMIGRATION — Leave to remain — Qualifying child — Applicants seeking leave to remain with two children on basis of private life — Applicants’ eldest child qualifying by seven year continuous residence under Immigration Rules — Parents and other child relying on article 8 rights contending not reasonable to expect eldest child to leave UK — Correct approach to question of reasonableness — Nationality, Immigration and Asylum Act 2002, s 117B (6) — Immigration Rules, para 276ADE (1)(iv)
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Public law
R (Howard) v Secretary of State for the Home Department — [2021] 1 WLR 4651
NATIONALITY — British citizenship — Acquisition — Claimant arriving in United Kingdom from Jamaica as part of “Windrush generation” — Home Secretary refusing claimant’s application for naturalisation on basis of his criminal record — Whether Home Secretary erring in failing to disapply “good character” requirement — Whether requirement discriminating against claimant in breach of Convention rights — British Nationality Act 1981 (c 61), s 6, Sch 1, para 1(1)(b) — Human Rights Act 1998 (c 42), s 3(1), Sch 1, Pt I, arts 8, 14
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Public law
R (Crowter) v Secretary of State for Health and Social Care — [2021] WLR(D) 495
HUMAN RIGHTS — Breach of Convention rights — Discrimination — Statutory exception to offence of procuring abortion where substantial risk of child born with physical or mental abnormalities so as to be seriously handicapped — Whether exception breaching Convention rights to life, not to be subjected to torture, inhuman or degrading treatment or punishment and to respect for private and family life — Whether discriminating against people with Down’s Syndrome in enjoyment of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 2, 3, 8, 14 — Abortion Act 1967 (c 87), s 1(1)(d) — Offences Against the Person Act 1861 (24 & 25 Vict c 100), ss 58, 59
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Holt v Holley & Steer Solicitors — [2021] 1 WLR 4650
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Revenue and Customs Commissioners v IGE USA Investments Ltd (formerly IGE USA Investments) — [2021] 1 WLR 4456
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JS (Uganda) v Secretary of State for the Home Department — [2021] 1 WLR 4669
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Royal & Sun Alliance Insurance plc v Textainer Group Holdings Ltd — [2021] 1 WLR 4683
PRACTICE — Parties — Representative action — Parties entering into insurance contracts including different layers and subject to complex recoveries entitlements as between insurers — Claimant insurers claiming rights of subrogation over recoveries by defendant insureds — First claimant applying for permission to act as representative in claim — Defendants contending action improperly constituted because of non-joinder of certain insurer — Whether non-participating insurer “jointly entitled” with claimants to remedies sought in claim — Significance of existence of different layers and complex recoveries entitlements — Significance of insured’s desire for finality and judgment binding on all insurers — Whether first claimant to be permitted to act as representative — CPR rr 19.3, 19.6(1)
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