Civil litigation
FundHaven Ltd v Executive Director of the Securities Commission of the Bahamas — [2021] 1 WLR 4223
PRACTICE — Appeal — Leave to appeal — Leave for second appeal granted only if judge certifying point of law of general public importance involved — Applicants applying for leave to appeal decision of judge of Supreme Court of Bahamas — Judge not identifying points of law but merely annexing grounds of appeal to first certificate — Second certificate drafted by parties and signed by registrar — Whether certificates valid — Whether Court of Appeal justified in refusing itself to certify point of law — Court of Appeal Act (Statute Law of The Bahamas, c 52), s 21(1)
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Civil litigation
Lakatamia Shipping Co Ltd v Su — [2021] WLR(D) 489
CONTEMPT OF COURT — Sentence — Civil contempt — Defendant sentenced committing numerous breaches of court orders but admitting contempt shortly before hearing — Whether maximum sentence of 24 months’ imprisonment excessive
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Commercial
Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP — [2021] 1 WLR 4237
CONFLICT OF LAWS — Revenue laws — Enforceability in another state — Foreign national tax authority bringing claims against taxpayers in relation to alleged wrongful tax refund payments — Whether claims offending against rule of English law that courts having no jurisdiction to entertain actions for enforcement of revenue of foreign state — Whether matter “civil and commercial matter” under European Regulation or Convention ousting rule of English law where applicable — Whether claims admissible — Parliament and Council Regulation (EU) No 1215/2012, art 1(1) — Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007, art 1(1)
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Commercial
The Software Incubator Ltd v Computer Associates UK Ltd — [2021] WLR(D) 488
AGENCY — Commercial agent — Contract — Claimant agent acting for defendant principal in negotiating supply of software product — Product supplied to customers electronically, not on any tangible medium and accompanied by grant of perpetual licence — Whether “sale” of “goods” — Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) — Council Directive 86/653/EEC, art 1(2)
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R (Shields-McKinley) v Secretary of State for Justice and Lord Chancellor — [2021] 1 WLR 4222
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Tax
Test Claimants in the FII Group Litigation v Revenue and Customs Comrs — [2021] 1 WLR 4354
REVENUE — Corporation tax — Advance corporation tax — Different tax treatment of nationally-sourced and foreign-sourced dividends received by UK-resident companies contrary to EU law — Taxpayers entitled to repayment of tax unlawfully levied and tax credits — Revenue making concession that taxpayers entitled to compound interest on restitutionary award — Whether revenue barred from withdrawing concession — Whether and on what basis taxpayers entitled to interest for tax paid prematurely — Whether taxpayers entitled to carry forward unused double taxation relief — Whether revenue enriched by receipt of unlawful tax — Whether amount of repayment reduced if UK companies having foreign parent — Whether EU standstill provision applying after UK altered foreign tax rules — When and to what extent unlawfully charged tax regarded as surrendered — Income and Corporation Taxes Act 1988, ss 231, 240 — FEU Treaty, arts 63, 64
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Family
R (Bell) v Tavistock and Portman NHS Foundation Trust — [2021] WLR(D) 490
CHILDREN — Medical treatment — Consent — Puberty-blocking drugs prescribed to children experiencing gender dysphoria — Whether lawful — Whether court entitled to grant declaratory relief — Whether children and young persons under 18 competent to consent to such treatment — Family Law Reform Act 1969 (c 46), s 8
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Public law
Williams v Information Comr — [2021] WLR(D) 494
FREEDOM OF INFORMATION — Disclosure — Exemption — Request for information in connection with port stop and search conducted pursuant to statutory anti-terrorism powers — Whether such information automatically exempt from disclosure — Whether held by public authority for purposes of an investigation carried out to ascertain whether a person ought to be charged with an offence — Terrorism Act 2000 (c 11), Sch 7 — Freedom of Information Act 2000 (c 36), s 30(1)(a)(i)
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Public law
DB v Betsi Cadawaldr University Health Board — [2021] WLR(D) 493
Mental disorder — Detention — Discharge of patient — Patient liable to be detained on mental health grounds — Patient released on supervised leave in the community with no required hospital attendance in several months — Patient applying to be discharged — Whether patient to be discharged — Whether conditions met for continued liability to detention — Whether significant component of treatment delivered in hospital — Mental Health Act 1983 (c 20), ss 3, 72(1)(b)
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Public law
R (CHF) v Headteacher of Newick CE Primary School — [2021] WLR(D) 492
EDUCATION — Pupil — Requirement to attend off-site educational provision — Pupil alleged to have engaged in harmful sexual behaviour with other pupils — School taking decision to require pupil to attend off-site schooling in order to safeguard pupils — Whether school having power to impose off-site schooling as means of separating pupils for safeguarding purposes — Education Act 1996 (c 56), s 19 — Education Act 2002 (c 32), s 175
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R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department (National Residential Landlords Association intervening) — [2021] 1 WLR 4353
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R (Connell) v Secretary of State for the Home Department — [2021] 1 WLR 4420
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Public law
Seepersad v Comr of Prisons of Trinidad and Tobago — [2021] 1 WLR 4315
TRINIDAD AND TOBAGO — Constitution — Human rights and fundamental freedoms — Minors remanded in adult prison and youth training centre — State contravening legislation by failing to provide appropriate accommodation in community residences — Whether minors’ right to protection of law breached — Children Act (No 12 of 2012), ss 54(1), 60(1), 60(5) — Constitution of Trinidad and Tobago, s 4(b)
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R (Mahmood) v Upper Tribunal (Immigration and Asylum Chamber) — [2021] 1 WLR 4314
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Public law
Dransfield v Information Comr — [2021] 1 WLR 4181
FREEDOM OF INFORMATION — Appeal — Jurisdiction — Information Commissioner refusing to give decision on complaint by requester of information on basis application frivolous and vexatious — First-tier Tribunal striking out appeal against commissioner’s decision — Whether right of appeal arising — Whether decision notice issued — Whether conduct of commissioner to be certified as contempt of court — Whether breach of requester’s Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 10 — Freedom of Information Act 2000 (c 36), ss 1, 50(2)(3), 61
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R (Al- Enein) v Secretary of State for the Home Department — [2021] 1 WLR 4296
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Aldwyck Housing Group Ltd v Forward — [2021] 1 WLR 4236
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Tort
Glossop Cartons and Print Ltd v Contact (Print & Packaging) Ltd — [2021] 1 WLR 4297
Damages — Measure of damages — Misrepresentation — Claimants induced to enter into agreements for purchase of business assets by fraudulent misrepresentations of defendant sellers — Proper assessment of direct loss caused by fraudulent misrepresentation — Causal link required for consequential loss
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Trusts and Chancery
Lakatamia Shipping Co Ltd v Su — [2021] Bus LR 1285
BANKRUPTCY — Order — Adjudicator — Court order prohibiting debtor domiciled abroad from leaving jurisdiction — Debtor living in hotels and properties belonging to friends — Whether debtor having had “place of residence” in England and Wales — Whether adjudicator having jurisdiction to declare debtor bankrupt — Insolvency Act 1986 (c 45), s 263I
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Trusts and Chancery
In re Discovery Yachts Ltd — [2021] WLR(D) 491
COMPANY — Director — Personal liability — Defendant contravening rule against director of company in insolvent liquidation being involved in management of another company with similar name — Contravention of rule making director personally responsible for company’s debts “incurred” during period of contravention — Court ordering company to pay damages in relation to contract entered into prior to period of director’s contravention but breached during it — Whether director automatically personally responsible for judgment debt even though not party to breach of contract claim — Whether necessary for creditor to bring separate proceedings against director — Whether company’s liability under contract incurred during period of contravention — Insolvency Act 1986 (c 45), ss 216, 217
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In re St Giles, Exhall (Conradh na Gaelige i Londain intervening) — [2021] PTSR 1622
ECCLESIASTICAL LAW — Faculty — Memorial — Petitioner appealing against requirement for English translation of Irish inscription — Whether translation requirement discriminatory — Whether decision unlawful exercise of discretion — Whether interference with rights to family life and freedom of expression — Human Rights Act 1998 (c 42), s 6(3), Sch 1, Pt I, arts 8, 10, 14 — Equality Act 2010 (c 15), ss 19(1), 29(6), 31(3), 149(1)
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R (Connell) v Secretary of State for the Home Department — [2021] 1 WLR 4420
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Marlborough Knightsbridge Management Ltd v Fivaz — [2021] 1 WLR 4345
LANDLORD AND TENANT — Covenant — Breach — Tenant long leaseholder of two flats in block replacing front doors without seeking or receiving landlord's consent — Landlord applying for determination of breach of covenant not to remove any of the landlords fixtures — Whether doors “landlords fixtures” — Whether part of land demised to tenant
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Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government — [2021] PTSR 1606
PLANNING — Development — Community infrastructure levy — Collecting authority having power to impose surcharge if levy not paid within 30 days of becoming due — Authority imposing surcharge on developer for failure to pay levy — Amendment to planning permission resulting in changes to chargeable amount and service of new demand notice — Whether service of revised demand notice extinguishing existing late payment surcharge — Whether 30-day period running from service of revised demand notice — Community Infrastructure Regulations 2010 (SI 2010/948), reg 85(1)
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