Civil litigation
Hirachand v Hirachand — [2021] WLR(D) 534
FAMILY PROVISION — Child — Estranged adult daughter — Deceased father making no testamentary provision for estranged daughter — Daughter claiming failure to make “reasonable financial provision” — Judge awarding daughter lump sum payable out of estate including contribution towards daughter’s liability to pay conditional fee agreement success fee — Whether wrong in law to include such contribution in maintenance-based award calculated by reference to financial need — Inheritance (Provision for Family and Dependants) Act 1975 (c 63), s 3(1)(a) — Courts and Legal Services Act 1990 (c 41), s 58A(6)
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Civil litigation
Prior v Comr of Police of the Metropolis — [2021] WLR(D) 533
POLICE — Remuneration — Overtime — Specialist protection officers retaining firearms on overnight stays with principal — Whether on duty throughout night and entitled to overtime payments — Whether “held in reserve” and entitled to “away from home” allowance — Police Regulations 2003 (SI 2003/527), reg 25
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Civil litigation
RAV Bahamas Ltd v Therapy Beach Club Inc — [2021] AC 907
PRIVY COUNCIL — Jurisdiction — Third appeal — Court of Appeal of The Bahamas reversing judge’s decision to uphold challenge to arbitration award — Whether Court of Appeal having jurisdiction to grant leave to appeal to Privy Council — Whether such appeal amounting to third appeal — Whether open to Privy Council to hear third appeal on point of law — Court of Appeal Act (Statute Law of The Bahamas, c 52), s 23
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Civil litigation
Hurhangee v Ramsawhook — [2021] 1 WLR 5098
PRACTICE — Appeal — Appeal to Privy Council — Mauritius — Property dispute over acquisitive prescription claim — Court of Civil Appeal upholding judge’s decision to affirm claim — Ousted owner appealing to Privy Council on new basis not argued below — Whether appropriate to determine appeal on new basis — Whether judge having been under duty to investigate all relevant points even if not raised by parties
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Commercial
In re LB Holdings Intermediate 2 Ltd — [2021] WLR(D) 537
INSOLVENCY — Administration — Distribution of assets — Surety paying part of guaranteed debt and releasing right of indemnity from debtor — Whether amount creditor entitled to recover in debtor’s insolvency to be reduced as result of part payment — Whether rule against double proof applying
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Commercial
Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd (The Armada Tuah 101) — [2021] Bus LR 1375
ARBITRATION — Arbitration application — Jurisdiction — Claimant commencing arbitration proceedings pursuant to arbitration agreement in charterparty — London Maritime Arbitrators Association appointing sole arbitrator — Claimant applying for order that arbitrator having jurisdiction — Defendant not participating in proceedings — Whether court having jurisdiction to determine application — Arbitration Act 1996 (c 23), ss 32, 72
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Commercial
Alpha Marine Corpn v Minmetals Logistics Zhejiang Co Ltd — [2021] Bus LR 1391
SHIPPING — Charterparty — Time charter — Owners chartering vessel for time charter trip — Charterers sub-chartering vessel pursuant to voyage charter providing freight payable even if cargo lost — Owners issuing bills of lading providing freight payable as per voyage charter — Vessel lost during voyage — Charterers issuing freight invoice to shippers pursuant to voyage charter — Before freight paid, owners issuing freight invoice to shippers under bills of lading and revoking charterers’ authority to receive freight — Shippers making partial payment of freight into escrow account but later wound up — Owners bringing claim against charterers in arbitration — Tribunal holding charterparty containing implied obligation that owners would not revoke unless hire and/or sums due to them under charterparty and, no such sums being due, owners having breached that obligation — Owners appealing on question of law — Whether implied term of time charterparty that owners may not revoke charterers’ authority to collect freight payable under bills of lading unless hire and/or sums due to owners under charterparty — Whether appeal to be allowed — Arbitration Act 1996 (c 23), s 69 — New York Produce Exchange form (1993)
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Commercial
Toppan Holdings Ltd v Simply Construct (UK) LLP — [2021] Bus LR 1357
BUILDING — Contract — Adjudication — Collateral warranty executed post completion and post remedy of latent defects by new contractor — Adjudication commenced and conducted pursuant to collateral warranty — Contractor resisting enforcement of award on ground no right to adjudicate given warranty containing no express contractual adjudication provision and not constituting “construction contract” — Whether retrospective collateral warranty “construction contract” — Whether right to adjudicate having arisen — Whether award to be enforced — Housing Grants, Construction and Regeneration Act 1996 (c 53), ss 104, 108
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Costs
Adelekun v Ho (Association of Personal Injury Lawyers intervening) — [2021] 1 WLR 5132
COSTS — Order for costs — Qualified one-way costs shifting — Claimant accepting defendant’s offer to settle claim for damages for personal injury and to pay her costs of the claim — Costs order subsequently made in defendant’s favour in same proceedings — Defendant seeking set-off of costs payable to claimant against her costs award — Whether such set-off possible under qualified one-way costs shifting provisions — CPR rr 44.12, 44.14
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Crime
R v Copeland — [2021] AC 815
CRIME — Explosive substances — “Lawful object” — Defendant having explosive substance in possession for purpose of experimentation and self-education — Whether “lawful object” — Explosive Substances Act 1883 (46 & 47 Vict c 3), s 4(1)
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Crime
R v MS — [2021] 1 WLR 5019
CRIME — Attempt — Acts “more than merely preparatory” — Mother charged with attempting to abduct daughter by taking her out of United Kingdom without father’s consent — Whether mother’s acts “more than merely preparatory” to commission of offence of abduction — Whether geographical proximity to port of exit relevant consideration — Criminal Attempts Act 1981 (c 47), s 1(1) — Child Abduction Act 1984 (c 37), s 1
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Employment
Anwar v Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) — [2021] WLR(D) 536
INDUSTRIAL RELATIONS — Employment tribunals — Interim remedies — Claimant granted award by Scottish employment tribunal in proceedings against ex-employer — Claimant seeking interim relief after ex-employer failing to pay award — Scottish law requiring claimant to raise separate court action to obtain interim remedy of warrant to arrest ex-employer’s bank accounts on dependence of claim — Whether Scottish courts having jurisdiction to grant warrant for arrestment on dependence of application to tribunal — Whether requirement that claimant bring separate court proceedings constituting breach of EU law principles of effectiveness, effective remedy and equivalence — Whether United Kingdom failing to properly implement EU Directives
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Employment
Stuart Delivery Ltd v Augustine — [2021] WLR(D) 535
EMPLOYMENT — Contract — Worker — Courier delivering goods by moped through smartphone app operated by company — Courier having option to sign up for time slots via app committing to be in certain area during slot in return for guaranteed minimum hourly payment — Whether courier “worker” — Whether courier required to perform work or services personally — Whether courier’s ability to release a slot to other couriers via app amounting to sufficient right of substitution to remove courier’s obligation to perform work personally — Clarification of guidance relating to requirement for personal performance — Employment Rights Act 1996 (c 18), s 230(3)(b)
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Family
Villiers v Villiers (Secretary of State for Justice intervening) — [2021] AC 838
CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Matrimonial matters — Husband issuing divorce proceedings in Scotland without seeking any financial order — Wife subsequently applying for maintenance in England — Whether wife’s application to be stayed on grounds Scottish court first seised — Whether English court having residual discretion to stay maintenance application on grounds of forum non conveniens — Whether removal of any such discretion ultra vires — Whether divorce proceedings and maintenance application “related actions” — European Communities Act 1972 (c 68), s 2(1)(2) (as amended by Legislative and Regulatory Reform Act 2006 (c 51), s 27(1)(a) and European Union (Amendment) Act 2008 (c 7), ss 3, 8, Sch, Pt 1) — Matrimonial Causes Act 1973 (c 18), s 27 (as amended by Domestic Proceedings and Magistrates’ Court Act 1978 (c 22), s 63 and Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (SI 2011/1484), reg 9, Sch 7, para 6(2)) — Civil Jurisdiction and Judgments Act 1982 (c 27), s 49 — Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, Sch 6 — Council Regulation (EC) No 4/2009, art 13
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Family
Akhter v Khan (Attorney General intervening) — [2021] Fam 277
MARRIAGE — Validity — Void marriage — Islamic marriage ceremony not complying with statutory requirements — Whether giving rise to void marriage or no marriage at all — Whether jurisdiction to grant decree of nullity — Marriage Act 1949 (12, 13 & 14 Geo 6, c 76), s 49 — Matrimonial Causes Act 1973 (c 18), s 11 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 12, Pt II, art 1 — United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3.1
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Family
Barnet London Borough Council v AG — [2021] 3 WLR 875
CHILDREN — Care proceedings — Diplomatic immunity — Local authority issuing care proceedings in respect of children of foreign diplomat — Diplomatic immunity preventing continuation of proceedings — Whether provisions enshrining diplomatic immunity incompatible with human rights — Diplomatic Privileges Act 1964 (c 81), s 2(1), Sch 1, arts 29, 30(1), 31(1), 37(1)(2) — Human Rights Act 1998 (c 42), s 4(2), Sch 1, Pt I, arts 3, 6 — United Nations Convention on the Rights of the Child (1989) (Cm 1976)
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Land law
Procter v Procter — [2021] Ch 395
LANDLORD AND TENANT — Tenancy — Lease to oneself — Landlords purportedly granting tenancy to themselves and another — Whether tenancy capable of being created where putative landlords and putative tenants overlapping and where existence of tenancy to be inferred from conduct — Whether such tenancy taking effect as tenancy at will — Whether tenancy benefiting from statutory protection for agricultural holdings — Law of Property Act 1925 (15 Geo 5, c 20), s 53 — Agricultural Holdings Act 1986 (c 5), s 2
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Land law
Croydon London Borough Council v Kalonga — [2021] QB 962
HOUSING — Secure tenancy — Claim for possession — Tenant occupying property pursuant to fixed-term flexible tenancy granted by local authority landlord — No forfeiture clause in tenancy agreement — Whether landlord entitled to seek possession prior to expiry of fixed term — Housing Act 1985 (c 68), s 82
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Public law
SM (Rwanda) v Secretary of State for the Home Department — [2021] WLR(D) 538
IMMIGRATION — Detained person — Immigration bail — Court granting immigration bail to detainee — Court’s order failing to include requirement mandated by statute — Whether order void and of no effect — Whether open to Secretary of State to act in manner inconsistent with order without first obtaining variation or setting aside of order — Immigration Act 1971, Sch 2, para 22(1A), Sch 3, para 2(5)
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Public law
R (Sefton Metropolitan Borough Council) v Secretary of State for Housing, Communities and Local Government — [2021] PTSR 1662
PLANNING — Development — Sustainable development — Inspector allowing appeal against local planning authority’s refusal of planning permission for change of use of site in Green Belt — Local planning authority appealing on ground inspector erred in law — Whether national framework policy interpreted correctly — Whether inspector adopting proper approach to determination — Whether substantial weight to be given to any harm to Green Belt — Whether planning balance to be approached in two stages — Whether planning permission lawfully granted — National Planning Policy Framework (2012), paras 143, 144
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Public law
R (MD) v Secretary of State for the Home Department — [2021] PTSR 1680
HUMAN RIGHTS — Human trafficking — Victim — Claimant single mothers found to be victims of sex trafficking — Claimants also recognised as asylum-seeking refugees — Claimants therefore receiving asylum support not mainstream benefits — Claimants not receiving financial support under Modern Slavery Victim Care Contract in respect of dependent children whereas such financial support available to non-asylum-seeking victims of trafficking on mainstream benefits — Whether difference in treatment of asylum-seeking trafficking victims unlawfully discriminatory — Whether result of irrational policy — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 4, Pt II, art 1 — Council of Europe Convention on Action against Trafficking in Human Beings (2005) (Cm 7465)
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Public law
R (C1) v Secretary of State for the Home Department — [2021] QB 983
IMMIGRATION — Leave to remain — Variation — Secretary of State’s power to cancel leave to remain of person outside common travel area — Whether power exercisable in relation to indefinite leave to remain — Immigration Act 1971 (c 77), ss 3(3), 3B — Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161), art 13
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Public law
R (Privacy International) v Investigatory Powers Tribunal — [2021] QB 936
CROWN — Intelligence services — Warrant — Secretary of State’s power to issue warrant authorising intelligence services to interfere with property or wireless telegraphy — Whether Secretary of State empowered to issue such warrant if not defined by reference to named or identified individuals — Intelligence Services Act 1994 (c 13), s 5
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Public law
Surrey County Council v NHS Lincolnshire Clinical Commissioning Group — [2021] QB 896
RESTITUTION — Unjust enrichment — Benefit — Local authority funding provision of accommodation and care services for vulnerable adult — NHS trust unlawfully declining to assess whether vulnerable adult eligible for NHS continuing healthcare — Cost of care thus remaining with local authority — Whether local authority having claim in restitution against NHS trust — Whether NHS trust unjustly enriched at local authority’s expense — Whether claim to be brought by way of judicial review — Whether NHS trust benefiting — Whether defence of change of position available
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Public law
Tewkesbury Borough Council v Secretary of State for Housing, Communities and Local Government — [2021] WLR(D) 530
PLANNING — Development — Planning permission — Inspector appointed by Secretary of State granting planning permission for residential development on appeal by developer — Inspector taking into account concerning shortfall in local authority’s five-year housing land supply — Whether inspector erring in approach to calculation of housing land supply — Whether national planning policy permitting past oversupply of housing land measured against annual requirement to be credited towards current five-year supply — National Planning Policy Framework (2019), para 73
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Public law
R (Stonewater Ltd) v Wealden District Council — [2021] WLR(D) 531
PLANNING — Development — Community infrastructure levy — Planning permission for residential development accompanied by planning agreement providing for 35% affordable housing provision — Developer applying for social housing relief from community infrastructure levy on basis 100% of housing to be affordable — Local authority refusing to grant relief — Whether authority erring in law — Whether wrongly regarding planning obligation for provision of social housing as being prerequisite to grant of social housing relief — Whether grant of relief mandatory where conditions fulfilled — Town and Country Planning Act 1990 (c 8), s 106 — Community Infrastructure Levy Regulations 2010 (SI 2010/948), regs 49, 51
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Public law
Foreign, Commonwealth and Development Office v Information Comr — [2021] WLR(D) 529
FREEDOM OF INFORMATION — Disclosure — Exemption — Request for information refused in reliance on alternative statutory exemptions for information supplied by or relating to security bodies and information required for purpose of safeguarding national security — Exemptions accepted to be mutually exclusive but relied on in alternative to mask involvement or otherwise of security bodies — Whether public authority entitled to rely on exemptions in alternative — Whether breach of right to freedom of expression — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 10 — Freedom of Information Act 2000 (c 36), ss 17, 23, 24
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Public law
R (Ali) v Secretary of State for the Home Department — [2021] WLR(D) 528
IMMIGRATION — Leave to remain — Refusal — Claimant applying for further leave to remain within 28 days of expiry of current leave to remain — Application refused on merits — Claimant making new application for leave to remain within 14 days of previous refusal decision — Secretary of State refusing application — Whether previous application made “in-time” — Whether “in-time” only before expiry of leave — Immigration Rules, para 39E(2)
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Public law
In re United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill — [2021] 1 WLR 5106
DEVOLUTION — Scotland — Devolution issue — Competence — Bills passed by Scottish Parliament incorporating international Conventions into Scots law — Provisions of Bills purporting to give Scots courts powers to determine whether Acts of Parliament in accordance with Conventions — Whether such provisions within legislative competence of Scottish Parliament — Scotland Act 1998 (c 46), ss 28, 29, 101, Sch 4, para 4(1)
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Public law
R (Morahan) v West London Assistant Coroner — [2021] 3 WLR 919
CORONER — Inquest — Verdict — Voluntary inpatient of psychiatric rehabilitation unit dying of drug overdose having left unit — Whether coroner under duty to conduct enhanced investigation into death — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2
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Public law
R (Enterprise Managed Service Ltd) v Secretary of State for Housing, Communities and Local Government — [2021] 1 WLR 5062
PENSIONS — Pension scheme — Local government pension scheme — Employer taking on local authority staff following entry into services contract with local authorities — Employer liable to make contributions to local government pension scheme and exit payment on leaving scheme — Employer passing on such costs by way of pass-through arrangements with local authorities — Regulations amended to entitle employer to receive exit credit on exiting scheme in event of fund surplus — Employer bringing claim against scheme administering authority for unpaid exit credits — Regulations further amended with retroactive effect to allow administering authorities to consider range of factors in deciding amount of exit credits — Whether entitlement to exit credits unlawful state aid — Whether retrospective extinction of employer’s claim breaching employer’s right to fair trial — Whether retrospective removal of employer’s right to exit credits breaching employer’s right to peaceful enjoyment of property — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6, Pt II, art 1 — Local Government Pension Scheme Regulations 2013 (SI 2013/2356), reg 64 — FEU Treaty, art 107(1)
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Public law
Sastry v General Medical Council — [2021] 1 WLR 5029
MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Fitness to practise — Tribunal determining doctor’s fitness to practise impaired and directing erasure from register — Proper approach to doctor’s appeal against fitness to practise sanctions — Medical Act 1983 (c 54), s 40 — CPR r 52.21, PD 52D, para 19.1
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Tax
Revenue and Customs Comrs v Candy — [2021] WLR(D) 532
REVENUE — Stamp duty land tax — Repayment — Liability for stamp duty land tax arising following substantial performance of contract for land transaction — Tax repayable if “afterwards” contract for some reason not carried into effect — Taxpayer required to claim repayment by amendment of land transaction return — Provision precluding amendment to return made more than 12 months after filing date — Whether claim for repayment because substantially performed contract not in fact carried into effect constituting exception to time limit — Finance Act 2003 (c 14), ss 44(4), 44(9), Sch 10, para 6(3)
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Tort
Roberts v Soldiers, Sailors, Airmen and Families Association (Allgemeines Krankenhaus Viersen GmbH, Part 20 defendant) — [2021] QB 859
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 English statute having mandatory or overriding effect so as to apply to all proceedings for contribution brought in England and Wales — Civil Liability (Contribution) Act 1978 (c 47), ss 1, 7(3)
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R (Nettleship) v NHS South Tyneside Clinical Commissioning Group — [2021] PTSR 1704
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