Public law
Metropolitan Housing Trust Ltd v TM — [2021] WLR(D) 639
HOUSING — Assured tenancy — Claim for possession — Tenant defending possession claim by registered social landlord on ground landlord breaching public sector equality duty — Trial judge finding landlord breaching public sector equality duty but remedying earlier failure while giving evidence at trial and accordingly granting possession order — Whether assessment of public sector equality duty while giving evidence at trial sufficing to comply with duty — Whether possible for breach of public sector equality duty to be remedied by later compliance — Equality Act 2010 (c 15), s 149
Read more...
Public law
Deutsche Bank AG London Branch v Receivers Appointed by the Court — [2021] WLR(D) 638
INTERNATIONAL LAW — Recognition — Head of state — Rival claimants to presidency of foreign state — Challenger to incumbent president claiming to be interim president — United Kingdom Government issuing statement recognising interim president as head of state but maintaining diplomatic relations with incumbent president’s government — Whether incumbent president or interim president recognised as head of state — Whether concepts of de jure and de facto recognition relevant — Whether English courts able to consider validity of appointments made by interim president — Whether act of state doctrine applying to executive acts not concerning property
Read more...
Public law
R (Afzal) v Secretary of State for the Home Department — [2021] WLR(D) 637
IMMIGRATION — Leave to remain — Indefinite leave to remain — Claimant entering United Kingdom as student and subsequently obtaining further periods of limited leave to remain — Claimant having period of unlawful residence between periods of leave to remain — Home Secretary refusing claimant’s application for indefinite leave to remain on basis of lacking ten years’ continuous lawful residence — Proper approach to relationship between validity of application and payment of fees — Scope of “application” — Whether effect of provision allowing for the disregard of open-ended and historic overstaying — Immigration Act 1971 (c 77), s 3C — Statement of Changes in Immigration Rules (1994) (HC 395) paras 39E, 276B
Read more...
Aelf MSN 242 LLC v De Surinaamse Luchtvaart Maatschappij NV DBA Surinam Airways — [2021] WLR(D) 643
PRACTICE — Claim form — Service out of jurisdiction — Claimant obtaining order to serve foreign national flag carrier out of jurisdiction — Defendant challenging jurisdiction in reliance on state immunity legislation — Defendant having made common law waiver submission to jurisdiction — Whether common law waiver able to constitute appearance in proceedings for purposes of state immunity legislation — Whether defendant accordingly to be held to have submitted to jurisdiction of English court under that legislation — Whether challenge to be allowed — State Immunity Act 1978 (c 33), ss 12(1)(3), 22(2) — CPR Pt 11
Read more...
In re McQuillan — [2021] WLR(D) 640
HUMAN RIGHTS — Life — Inhuman or degrading treatment — State’s duty to investigate — Inconclusive investigations in Northern Ireland into fatal shooting of woman in 1972 and allegations of torture of detainees in 1971 — Requests for fresh investigations following emergence of new evidence in 2014 and 2015 — Whether Convention rights as enacted in domestic law imposing duty on police service to re-open investigations — Whether lapse of time too great — Whether corresponding duty at common law or under statute — Whether police service having sufficient independence to secure effective investigation — Whether effectiveness of investigatory obligation necessitating absolute independence — Human Rights Act 1998 (c 42), s 6(1), Sch 1, Pt I, arts 2, 3 — Police (Northern Ireland) Act 2000 (c 32), s 32
Read more...
R (Mond) v Insolvency Practitioners Association — [2021] WLR(D) 641
INSOLVENCY — Discipline — Appeal — Disciplinary committee upholding complaints against licensed insolvency practitioner and making costs order against him — Appeal committee upholding practitioner’s appeal on preliminary issue without considering substantive merits — Appeal committee remitting whole matter to disciplinary committee for rehearing but ordering original costs order to stand — Whether appeal committee acting unlawfully — Whether power to make costs order parasitic on existence of valid liability decision
Read more...
Chelluri v Air India Ltd — [2021] WLR(D) 642
AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Passenger booking as single unit four flights starting from USA and ending in India — Third leg of journey departing from airport in UK — All flights with non-UK carriers — Passenger’s arrival at final destination significantly delayed by late departure of third flight from UK — Whether passenger’s journey to be treated as single whole or constituent parts — Whether Regulation on assistance and compensation to passengers applicable — Parliament and Council Regulation (EC) No 261/2004, art 3(1)(a)
Read more...
|
|
|
|
