Civil litigation
Soriano v Forensic News LLC — [2022] WLR(D) 9
PRACTICE — Claim form — Service out of jurisdiction — Claimant bringing claims for defamation, breach of data protection rules and malicious falsehood against defendants domiciled in United States — Judge granting permission to serve claim for defamation out of jurisdiction but refusing permission in respect of other claims — Whether judge erring — Defamation Act 2013 (c 26), s 9
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Civil litigation
Les Ambassadeurs Club Ltd v Yu — [2022] 4 WLR 1
INJUNCTION — Freezing order — Risk of dissipation — Application for post-judgment freezing order — Test to be applied when determining whether real risk of dissipation of assets
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Civil litigation
Lakatamia Shipping Co Ltd v Su — [2022] 4 WLR 2
CONTEMPT OF COURT — Sentence — Civil contempt — Defendant admitting numerous breaches of court orders shortly before hearing — Whether maximum sentence of 24 months’ imprisonment excessive — Contempt of Court Act 1981 (c 49), s 14
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Commercial
AD v Corendon Airlines — [2022] WLR(D) 8
AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Flight departure time brought forward — Whether flight “cancelled” or “re-routed” — Whether travel registration documents amounting to proof of “reservation” — Whether scheduled arrival time of flight could be determined by “other proof” — Whether operating air carrier obliged to inform passengers of name and address of undertaking from which to claim compensation — Parliament and Council Regulation (EC) No 261/2004, arts 2, 3, 5, 7, 8, 14
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Commercial
Airhelp Ltd v Laudamotion GmbH — [2022] WLR(D) 6
AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Flight booked through intermediary online platform — Airline able to contact passengers only via email address generated by booking platform — Airline notifying change of flight departure time by generic email weeks before scheduled date but booking platform not notifying passengers until 4 days before — Passengers claiming compensation for late notification of change of flight time — Whether flight “cancelled” — Whether passenger regarded as having been informed of cancellation of flight where carrier transmitting information to intermediary rather than passenger — Parliament and Council Regulation (EC) No 261/2004, arts 5(1)(c), 7
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Commercial
Herculito Maritime Ltd v Gunvor International BV (The Polar) — [2022] WLR(D) 4
SHIPPING — Bill of lading — Incorporation of charterparty terms — Charterparty requiring charterers to pay premium for war risks and kidnap and ransom insurance policies — Shipowners paying ransom following seizure of ship by pirates and seeking contribution in general average for piracy losses — Whether insurance provisions giving rise to exclusive insurance fund precluding recovery of contribution from charterers in respect of losses within insurances — Whether provisions incorporated into bills of lading — Whether precluding contribution from holders of bills
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Crime
R v Hunter (Peter) — [2022] WLR(D) 1
CRIME — Fraud — Fraudulent trading — Defendants running company acquiring and reselling tickets for music and popular and cultural sporting events by ticket harvesting — Defendants charged with carrying on business for fraudulent purpose — Whether statutory offence subject to limitations applying to common law offence of conspiracy to defraud — Whether prosecution required to prove intention to deceive — Whether prosecution required to prove harm or prejudice to interest of others — Correct approach to questions of fairness of terms and conditions of tickets — Companies Act 2006 (c 46), s 993(1) — Consumer Rights Act 2015 (c 15), s 62(4), Sch 2, Pt 2
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Employment
Emuemukoro v Croma Vigilant (Scotland) Ltd — [2022] WLR(D) 2
INDUSTRIAL RELATIONS — Employment tribunals — Procedure — Respondent failing to comply with case management orders — Tribunal striking out response — Tribunal deciding fair trial not possible within five-day hearing allocation and claim upheld — Whether proportionate — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1, r 37
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Employment
Ryanair DAC v Morais — [2022] WLR(D) 3
INDUSTRIAL RELATIONS — Detriment — Trade union activities — Claimant union members participating in official strike — Employer responding by withdrawing concessionary travel benefits — Whether strike “activities of trade union” — Whether claimants subjected to detrimental treatment as result — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 146 — Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493), regs 3, 9
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Employment
Anwar v Advocate General for Scotland — [2022] ICR 146
INDUSTRIAL RELATIONS — Employment tribunals — Interim relief — Claimant granted award by Scottish employment tribunal in proceedings against former employer — Claimant seeking interim relief after failure to pay award — Scottish law requiring separate court action to be raised to obtain interim remedy of warrant to arrest employer’s bank accounts on dependence of claim — Whether Scottish courts having jurisdiction to grant warrant for arrestment on dependence of tribunal application — Whether requirement for separate court proceedings breaching EU law principles of effectiveness, effective remedy and equivalence — Whether UK failing to properly implement EU Directives — Debtors (Scotland) Act 1987 (c 18), Pt 1A
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Employment
Hayford v P & O Ferries (Jersey) Ltd — [2022] ICR 49
EMPLOYMENT — Working time provisions — Paid annual leave — Seafarers working on ferries — Annual leave to be taken when not rostered to be on board — All-inclusive annual salary paid in equal monthly instalments — Whether statutory annual leave entitlement to be calculated by reference to period of employment or only periods of work — Whether seafarers accorded and paid for annual leave entitlement — Merchant Shipping (Hours of Work) Regulations 2002 (SI 2002/2125), reg 12 — Council Directive 99/63/EC, Annex, cl 16
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Employment
Forstater v CGD Europe — [2022] ICR 1
DISCRIMINATION — Religion or belief — Philosophical belief — Claimant holding gender-critical belief — Claimant commenting on social media that sex determined at birth and incapable of change — Whether belief not worthy of respect as being in conflict with rights of others — Whether “philosophical belief” — Equality Act 2010 (c 15), s 10
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Employment
Royal Cayman Islands Police Association v Comr of the Royal Cayman Islands Police Service — [2022] ICR 117
DISCRIMINATION — Age — Employment — Mandatory retirement age of 55 for police officers engaged before certain date — Higher retirement age for those engaged later — Power to re-engage retired officers — Police Commissioner adopting policy of only re-engaging at rank of constable regardless of previous rank — Whether mandatory retirement age of 55 discriminatory — Whether re-engagement policy rational — Cayman Islands Constitution Order 2009 (SI 2009/1379), ss 9, 16, 19(1)
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Employment
R (Independent Workers Union of Great Britain) v Central Arbitration Committee — [2022] ICR 84
TRADE UNION — Collective bargaining — Workers — Union applying for recognition on behalf of group of food delivery riders — Application rejected on ground riders not “workers” as not required to provide services personally — Whether riders falling within scope of Convention right to trade union freedom — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 296(1), Sch A1 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 11
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Family
DN v UD — [2022] WLR(D) 11
CHILDREN — Financial provision — Jurisdiction — Mother applying for financial provision for benefit of children — Judge ordering settlement of property in trust for benefit of children for period ending when youngest child attains age of 18 or 6 months after completion of full-time education — Whether court having jurisdiction to make order for financial provision for benefit of child once child has attained age of 18 — Whether court having power to make property transfer order or lump sum order for benefit of a child at the date of the order, but who is aged over 18 when order takes effect or will be paid — Whether exceptional circumstances for providing capital benefit to children extending beyond their minority — Children Act 1989 (c 41), Sch 1, para 1
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IP and Media
Easygroup Ltd v Beauty Perfectionists Ltd — [2022] WLR(D) 7
TRADE MARK — European Union trade mark — Pending proceedings — Claimant’s proceedings for infringement of European Union trade mark pending on day of UK’s withdrawal from EU — Whether court having jurisdiction to grant claimant EU-wide injunctive relief — Trade Marks Act 1994 (c 26), Sch 2A, para 20(2)(3) — Council (EU) Regulation 2017/1001, art 130
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IP and Media
Mahmudov v Sanzberro — [2022] WLR(D) 5
CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Special jurisdiction — Claimants bringing defamation proceedings in England against Spanish domiciled defendants, seeking global remedy in respect of alleged internet libel — Defendants contesting English court’s jurisdiction — Whether primary jurisdictional question where claimants’ centre of interests located or where harmful event occurred — Parliament and Council Regulation (EU) No 1215/2012, arts 4(1), 7(2)
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Public law
R (Rights: Community: Action) v Secretary of State for Housing, Communities and Local Government — [2022] WLR(D) 12
PLANNING — Development — Environmental assessment — Statutory instruments introducing new categories of permitted development and new Use Class — Whether “plans or programmes” setting framework for future development consents — Whether environmental assessment required — Whether Secretary of State erring in failing to carry out environmental assessment — Environmental Assessment of Plans and Programmes Regulations 2004 (SI 2004/1633), regs 5(4), 12(1)(2)(3) — Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2020 (SI 2020/755) — Town and Country Planning (General Permitted Development) (England) (Amendment) (No 3) Order 2020 (SI 2020/756) — Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020/757) — Parliament and Council Directive 2001/42/EC, art 3(4)
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Tax
Jersey Choice Ltd v HM Treasury — [2022] WLR(D) 10
PRACTICE — Pleadings — Striking out — Abuse of process — Company bringing claim for damages against government for breach of EU law — Claimant challenging legality of statute removing VAT relief from low value goods sold to UK customers from Channel Islands — Withdrawal of relief previously subject to judicial review — Claimant not party to judicial review — Whether bringing of claim for damages abuse of process
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