Commercial
Adams v Options Sipp UK LLP (formerly Carey Pensions UK LLP) (Financial Conduct Authority intervening) — [2021] Bus LR 1568
FINANCIAL SERVICES — Regulated and prohibited activities — General prohibition — Unauthorised financial intermediary encouraging claimant to cash out existing pension fund and invest in unregulated commercial property scheme via SIPP provided by authorised provider — Claimant proceeding to transfer pension fund and provider carrying out instructions to invest in unregulated scheme — Investments performing badly — Claimant contending SIPP made in consequence of something said or done by intermediary in contravention of general prohibition and therefore unenforceable — Whether intermediary contravening general prohibition by advising on merits of buying or selling “particular investment” or making arrangements to “bring about” investments — Meaning of “bring about” — Whether provider knowing of intermediary’s contravention — Whether just and equitable for SIPP to be enforced — Financial Services and Markets Act 2000 (c 8), ss 19(1), 27(1), 28(3)(6) — Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), arts 25(1), 26, 53
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Civil litigation
Castle Water Ltd v Thames Water Utilities Ltd — [2021] Bus LR 1452
PRACTICE — Disclosure — Business and Property Courts — Continuing duty on parties to disclose known adverse documents — Guidance on compliance with duty — CPR Pt 51, Practice Direction 51U, paras 2.8, 3.1(2)
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IP and Media
Bindel v PinkNews Media Group Ltd — [2021] 1 WLR 5497
DEFAMATION — Practice — Preliminary issue — Defendants to libel action seeking trial of preliminary issues before serving defence so as to preserve ability to make offer of amends if unsuccessful at such trial — Whether trial of preliminary issues to be ordered — Defamation Act 1996 (c 31), s 2
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Public law
R (Awodola) v Association of Chartered Certified Accountants — [2021] WLR(D) 567
ACCOUNTANT OR AUDITOR — Discipline — Disciplinary proceedings — Claimant member and fellow of professional association for accountants — Claimant excluded from membership as consequence of decision of disciplinary committee — Application for permission to appeal refused — Renewed application made one day after association introducing new rules amending appeal procedure — Whether renewed application governed by new rules or those in place when disciplinary proceedings commenced
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Civil litigation
Boston Trust Co Ltd v Szerelmey Ltd — [2021] Bus LR 1557
COMPANY — Shareholder — Derivative claims — Claimants seeking permission to continue common law multiple derivative claim — Claimants’ standing to bring claim dependent on rectification of company’s share register — Whether derivative claims at common law requiring permission pursuant to CPR — Whether right for court to grant permission conditional on successful outcome of claim to rectify register — CPR r 19.9(4)
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Civil litigation
Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Pola Devora) — [2021] 1 WLR 5475
CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction — Jurisdiction clause in charterparty subjecting any dispute “arising out of or in connection with” charter to exclusive jurisdiction of English courts — Vessel owner bringing arrest claim in Gibraltar courts relating to charterer’s vessel in order to secure claims under charter for balance of hire — Charterer bringing tort claim in English courts for wrongful arrest of vessel — Whether English court having jurisdiction — Whether tort claim “in connection with” charter — Whether English court required to decline jurisdiction in favour of first seised Gibraltar courts — Whether arrest and tort claims involving same cause of action or same object — Whether risk of irreconcilable judgments — Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, arts 17, 21, 22
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Civil litigation
London Steam-Ship Owners’ Mutual Insurance Association Ltd v Kingdom of Spain (No 4) (The Prestige) — [2021] WLR(D) 568
INTERNATIONAL LAW — State immunity — Statutory exception — Vessel causing pollution to Spanish and French shorelines — States bringing proceedings in Spain directly against insurer of vessel in disregard of London arbitration clause in vessel owner’s insurance contract — Insurer obtaining arbitration awards in London declaring that states bound by arbitration clause — English court giving insurer leave to enforce awards as judgments — States obtaining judgment against insurer in Spain and seeking to enforce in England — Insurer bringing claims before English court against states for failure to honour awards and judgment giving leave to enforce — Whether states enjoying state immunity in respect of insurer’s claims — Whether insurer’s proceedings relating to commercial transaction entered into by states — Whether English court lacking territorial or personal jurisdiction over states — State Immunity Act 1978, ss 3, 9 — Arbitration Act 1996 (c 23), s 66 — Parliament and Council Regulation (EU) No 1215/2012, arts 1(2)(d), 12, 14, 15
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Commercial
Manchester City Football Club Ltd v Football Association Premier League Ltd — [2021] 1 WLR 5513
COURT OF APPEAL (CIVIL DIVISION) — Practice — Permission to appeal — Judge giving judgment rejecting challenge to arbitration award — Judge subsequently deciding to publish judgment and refusing permission to appeal against such decision — Whether Court of Appeal having jurisdiction to hear appeal against decision to publish — Whether judge’s permission required — Senior Courts Act 1981 (c 54), ss 16, 18(1)(g) — Arbitration Act 1996 (c 23), ss 24, 67, 68
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Trusts and Chancery
In re Maud — [2021] Bus LR 1533
BANKRUPTCY — Costs — Order — Creditors bringing two separate bankruptcy petitions against debtor — Bankruptcy order made on second petition rather than first — Whether court having jurisdiction to award both creditors’ costs as expense of bankruptcy — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 10.149(i)
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Costs
Hunt v Annolight Ltd — [2021] WLR(D) 565
COSTS — Wasted costs order — Legal representative — Application for wasted costs against firm of solicitors — Judge ordering firm’s supervising partner to attend hearing of application for cross-examination — Whether judge having power to require attendance of legal representative — Procedural safeguards where judge directing cross-examination of legal representative — Senior Courts Act 1981 (c 54), s 51(6) — CPR r 32.7
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Costs
Lord Chancellor v Ross — [2021] WLR(D) 562
CRIME — Costs — Power to award — Legally-aided defendants to criminal proceedings found unfit to stand trial — Court appointing legal representatives for accused for purpose of proceedings to determine whether accused doing acts or making omissions charged as offence — Whether representatives’ costs to be ordered out of central funds or paid through legal aid according to graduated fee scheme — Whether costs incurred in “criminal proceeding” — Criminal Procedure (Insanity) Act 1964 (c 84), s 4A — Prosecution of Offences Act 1985 (c 23), s 19(1)(3) — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 14(a) — Costs in Criminal Cases (General) Regulations 1986 (SI 1986/1335), reg 13A — Criminal Defence Service (Funding) Order 2007, Sch 1, para 26 — Criminal Legal Aid (Remuneration) Regulations 2013 (SI 2013/435), Sch 1, para 31
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Crime
R v Cousins (Junior) — [2021] WLR(D) 569
CRIME — Evidence — Admissibility — Defendant charged with rape of complainant — At trial Crown adducing evidence of recent complainant to rebut allegation of fabrication — Whether evidence of previous statement of complaint made to friend admissible as evidence of truth of contents to rebut allegation of fabrication — Criminal Justice Act 2003 (c 44), s 120
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Crime
R v STC Ltd — [2021] 4 WLR 131
CRIME — Offensive weapon — Article with blade — Defendants offering knives for sale on website — Whether method of marketing contravening statutory prohibitions — Knives Act 1997 (c 21), ss 1, 2, 10
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Crime
R v White (Horace) (Practice Note) — [2021] WLR(D) 559
CRIME — Sentence — Prosecution applying, purportedly under “slip rule”, for re-listing of case before sentencing judge — Whether appropriate procedure by prosecution — Sentencing Act 2020 (c 17), s 385
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Crime
R v Reed (Alistair) — [2021] 1 WLR 5429
CRIME — Sentence — Sexual offences — Defendants convicted of sexual offences, or attempts to commit sexual offences, against children in circumstances where no sexual activity having taken place — Proper approach to sentencing — Sexual Offences Act 2003 (c 42), ss 5–15A, 47–50 — Sentencing Act 2020 (c 17), s 63
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Crime
In re Pembrokeshire Herald — [2021] 1 WLR 5531
CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Judge making reporting direction prohibiting identification of witnesses — Judge later refusing applications to revoke reporting direction and/or to make excepting direction dispensing with restrictions imposed by reporting direction — Newspapers seeking to appeal against all of judge’s decisions — Whether Court of Appeal having jurisdiction to entertain appeal against refusal to revoke reporting direction or to make excepting direction — Whether jurisdiction to grant declarations on appeal against reporting direction — Criminal Justice Act 1988 (c 33), s 159 — Youth Justice and Criminal Evidence Act 1999 (c 23), s 46 — Crim PR r 40.2(2)(b)
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Employment
Malone v Ministry of Defence — [2021] WLR(D) 566
EMPLOYMENT — Redundancy — Dismissal — Soldier made redundant and discharged from armed forces — Soldier bringing claim against ministry for negligence or breach of statutory duty — Whether court having jurisdiction to hear claim — Crown Proceedings Act 1947 (10 & 11 Geo 6, c 44) — Armed Forces Act 2006 (c 52), Pt 14 — Army Terms of Service Regulations 2007 (SI 2007/3382)
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European Union
Republic of Moldova v Komstroy LLC (successor in law to Energoalians) — [2021] 4 WLR 132
EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — Claim arising from contract for sale and supply of electricity to Moldova assigned to Ukrainian company — Dispute referred to arbitral tribunal in France under terms of international energy Treaty for settlement of disputes “between investor and contracting party” — Moldova, Ukraine and European Union parties to Treaty — French court hearing appeal to set aside arbitral award referring questions to Court of Justice for preliminary ruling — Whether Court of Justice having jurisdiction over dispute between non-EU member state parties — Whether supply contract constituting “investment” — Whether arbitral tribunal having jurisdiction on intra-EU dispute — Energy Charter Treaty, arts 1, 26
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European Union
R (Akinsanya) v Secretary of State for the Home Department — [2021] 1 WLR 5454
EUROPEAN UNION — Right to reside — Citizenship — Third-country national parent of United Kingdom citizen child granted limited leave to remain in United Kingdom — Whether grant of limited leave to remain excluding parent from entitlement to reside in United Kingdom as matter of European Union law — Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 16(7)(c)(iv) — Immigration Rules, Appendix EU, Annex 1
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Family
Derby City Council v BA (Secretary of State for Education intervening) — [2021] WLR(D) 560
CHILDREN — Inherent jurisdiction — Deprivation of liberty — Local authority seeking authorisation for deprivation of liberty in respect of child under 16 — Local authority proposing to place child in unregulated accommodation — Placement prohibited under amended statutory scheme — Whether open to High Court to authorise deprivation of liberty under inherent jurisdiction where proposed placement failing to comply with practice guidance — Children Act 1989 (c 41), s 22C — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 2, 3, 5 — Care Planning, Placement and Case Review (England) Regulations 2010 (SI 2010/959), regs 27, 27A, 27B, Sch 6
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IP and Media
George v Cannell — [2021] WLR(D) 571
DEFAMATION — Malicious falsehood — Pecuniary damage — Claimant bringing claim for malicious falsehood in respect of comments made orally — Whether claimant able to establish cause of action without proving special damage on basis publications calculated to cause pecuniary damage — Requirements as to proof of mechanism of loss and causation — Defamation Act 1952 (c 66), s 3(1)
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IP and Media
Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Co LLC — [2021] Bus LR 1496
PATENT — Injunction — Undertaking as to damages — Patent proprietor obtaining interim injunctions against multiple pharmaceutical companies preventing launch of generic products — Court subsequently holding patent invalid — Pharmaceutical companies bringing claims for compensation under cross-undertakings in damages — Strong interrelationship between inquiry claims — Appropriate counterfactual assumptions for claims — Whether when considering each claim necessary to assume orders made against other pharmaceutical companies not made
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Land law
Spire House RTM Co Ltd v Eastern Pyramid Group Corporation SA — [2021] WLR(D) 564
LANDLORD AND TENANT — Right to manage — Validity of notice — Right to manage company seeking to acquire right to manage — Company serving claim notice on landlord — Company withdrawing first claim notice as defective and informing landlord of service of second claim notice — Company next day notifying qualifying tenants of withdrawal and giving copy of second claim notice — Whether withdrawal taking effect when landlord served — Whether failure to notify qualifying tenants of withdrawal on same day invalidating second claim notice — Commonhold and Leasehold Reform Act 2002, ss 81(3), 86
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Public law
Hajjaj v City of Westminster Council — [2021] WLR(D) 570
LOCAL GOVERNMENT — Homeless persons — Suitability of accommodation — Applicants owed housing duty by local authorities given temporary accommodation — Local authorities offering private rented sector accommodation to bring housing duty to end — Applicants refusing accommodation as unsuitable — Test for local authority to satisfy itself that accommodation “suitable” — Housing Act 1996, ss 193, 208 — Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601), art 3(1)
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Public law
P3 v Secretary of State for the Home Department — [2021] WLR(D) 563
NATIONALITY — British citizenship — Deprivation — Secretary of State depriving applicant of British citizenship on national security grounds — Applicant appealing to Special Immigration Appeals Commission (“SIAC”) despite being outside UK when deprivation order made — Secretary of State refusing applicant’s application for leave to enter to pursue appeal — Applicant appealing against refusal of entry clearance — SIAC allowing appeal — Proper approach of SIAC to question of national security on appeal rasing human rights grounds
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Public law
Chowdhury v Secretary of State for the Home Department — [2021] 1 WLR 5544
IMMIGRATION — Right to reside — Non-European Union national — Non-EEA national applying for residence card on basis “extended family member” of EEA national — Non-EEA national having been dependent upon EEA national before coming to United Kingdom — No evidence of such dependency for first few years of non-EEA national’s residence in United Kingdom — Whether non-EEA national required to show continuous and uninterrupted dependency — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 8(2) — Parliament and Council Directive 2004/38/EC, art 3(2)
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Trusts and Chancery
Financial Conduct Authority v Carillion plc — [2021] WLR(D) 561
INSOLVENCY — Winding up — Proceedings against company — Financial Conduct Authority considering starting sanction process against company in liquidation for alleged market abuse and breach of listing rules — Whether process constituting “action or proceeding” requiring court’s permission — Financial Services and Markets Act 2000 (c 8), ss 91, 123 — Insolvency Act 1986 (c 45), s 130(2)
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