Civil litigation
HRH Duchess of Sussex v Associated Newspapers Ltd — [2020] WLR(D) 456
PRACTICE — Documents — Supply from court records — Claimant responding to request for further information and attaching confidential schedule to response — Defendant newspaper group wishing to publish information from confidential schedule — Claimant applying for order that information from confidential schedule to be used only for purpose of proceedings — Defendant opposing application on ground that response to request for further information including schedule constituting “statement of case” and open to anyone from court records — Defendant also contending that confidentiality argument not justifiable derogation from open justice principle — Whether schedule to response to request for further information “statement of case” — Balance of competing interests of confidentiality and open justice — Whether application to be granted — CPR rr 2.3(1), 5.4C(1)(a), 18
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Civil litigation
Arkin v Marshall (Housing Law Practitioners Association intervening) — [2020] 1 WLR 3284
PRACTICE — Practice directions — Jurisdiction to make — Practice direction imposing automatic 90-day stay on all possession proceedings in response to Covid-19 pandemic — Whether practice direction ultra vires — Whether properly authorised as “pilot scheme” — Whether court having power to lift stay on case-by-case basis — CPR rr 3.1(2)(f), 51.2, Practice Direction 51Z, para 2
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Costs
Dover v Finsbury Food Group plc — [2020] WLR(D) 461
COSTS — Pre-action protocol — Fixed costs — Claim governed by pre-action protocol for low value personal injury claims against employer — Claim exiting pre-action protocol after employer failing to respond within requisite period — Claimant subsequently obtaining advice of counsel on valuation of claim — Parties thereafter settling claim — Assessment of costs — Whether cost of counsel’s advice on valuation recoverable — Whether limited to fixed sum provided in fixed costs regime applicable to claims governed by pre-action protocol — CPR Pt 8, Practice Direction 8B, rr 45.23B, 45.29I(2)(c) — Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims
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Crime
In re National Crime Agency — [2020] 1 WLR 3224
CROWN COURT — Appeal from — High Court jurisdiction — Crown Court granting disclosure order — National Crime Agency appealing by way of case stated on grounds order too restrictive — Whether appeal to be entertained by High Court — Senior Courts Act 1981 (c 54), s 28(1)
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Crime
National Crime Agency v Hajiyeva — [2020] 1 WLR 3209
CRIME — Proceeds of crime — Unexplained wealth order — National Crime Agency obtaining unexplained wealth order against respondent in respect of property — Respondent’s husband having been chairman of bank in which non-EEA state had majority shareholding — Whether respondent “politically exposed person” on grounds husband entrusted with prominent public functions “by an international organisation or by a state” — Whether bank “state-owned enterprise” — Whether order infringing privilege against self-incrimination — Civil Evidence Act 1968 (c 64), s 14(1) — Proceeds of Crime Act 2002 (c 29), ss 362A, 362B (as inserted by Criminal Finances Act 2017 (c 22), s 1) — Parliament and Council Directive 2015/849/EU, art 3(9)(g)
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Family
In re Y (Children) — [2020] WLR(D) 460
CHILDREN — Care proceedings — Nationality — Children of Indian nationality made subjects of care orders — Parents seeking discharge of care orders — Local authority seeking to apply for British citizenship on behalf of children to regularise immigration status — Grant of British citizenship having effect of extinguishing Indian nationality — Parents withholding consent to application — Whether local authority entitled to make citizenship application in exercise of parental responsibility arising under care order — Whether application requiring approval from High Court in exercise of inherent jurisdiction — Children Act 1989 (c 41), ss 33, 100
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Family
In re D-S (Children) — [2020] WLR(D) 455
CHILDREN — Orders with respect to children — Contact order — Guidance for making contact orders during Covid-19 pandemic — Children Act 1989 (c 41), s 34(3)
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Land law
Atos IT Services Ltd v Fylde Borough Council — [2020] 3 WLR 422
RATING — Non-domestic rates — Rateable occupation — Ratepayer holding lease of whole hereditament — Parts of hereditament let to and occupied by subtenants — Whether ratepayer in exclusive occupation of hereditament — Whether liable for non-domestic rates in respect of whole hereditament — Local Government Finance Act 1988 (c 41), ss 43(1), 65(2) — Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (SI 1989/1058), regs 9(4), 22
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Public law
R (Article 39) v Secretary of State for Education — [2020] WLR(D) 462
CHILDREN — Children in need — Welfare services — Regulatory protections in respect of children’s social care services amended temporarily in order to deal with impact of coronavirus pandemic on children’s social care system — Whether amendments unlawful — Whether breach of duty to consult — Whether amendments promoting objects and purpose of statutory scheme — Whether failure to comply with statutory duty to have regard to well-being of children — Care Standards Act 2000 (c 14), s 22(9) — Children and Young Persons Act 2008 (c 23), s 7 — Adoption and Children (Coronavirus) Amendment Regulations 2020 (SI 2020/445)
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Public law
R (Hillingdon London Borough Council) v Secretary of State for Transport — [2020] WLR(D) 459
PLANNING — Development — Environmental assessment — Major national railways project — Local authority refusing nominated undertaker’s application for planning approval for proposed works on grounds undertaker failing to supply adequate information to enable authority to perform required evaluation of archaeological effects — Secretary of State overturning authority’s decision and granting approval — Nominated undertaker giving undertaking to perform impact assessment itself in accordance with non-legislative guidance material — Whether statutory duty on local authority to evaluate proposed works capable of delegation to third party — Whether statutory duty abrogated by compliance with non-legislative guidance — Whether duty on nominated undertaker to provide adequate information — High Speed Rail (London–West Midlands) Act 2017 (c 7), Sch 17, paras 3, 10
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Public law
R (Harrison) v Secretary of State for Justice — [2020] WLR(D) 458
HUMAN RIGHTS — Discrimination — Religion or belief — Claimant humanists seeking legal recognition of marriages according to usages of humanist charity — Claimants alleging Secretary of State’s continuing failure to provide for state recognition of humanist marriages, notwithstanding the statutory power afforded to him unlawful — Whether difference in treatment of humanists compared with that of religious groups — Whether unlawful discrimination in breach of Convention rights — Marriage Act 1949 (c 76), s 26(1) — Human Rights Act 1998 (c 42), s 4, Sch 1, Pt I, arts 9, 14 — Marriage (Same-Sex Couples) Act 2013 (c 30), s 14(4)
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Public law
Rectory Homes Ltd v Secretary of State for Housing, Communities and Local Government — [2020] WLR(D) 457
PLANNING — Development — Planning permission — Application for planning permission for “housing with care” development for those aged over 65 in need of personal care — Development to comprise self-contained residential units for independent living with additional on-site facilities — Development plan policy concerning provision of affordable housing where development resulting in net gain of three “dwellings” — Whether units in proposed development “dwellings” so as to attract application of policy — Whether planning permission to be granted — Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) (as amended by Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2016 (SI 2016/28), art 2(2)), paras 2, 3
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Public law
BN v Liverpool City Council — [2020] PTSR 1300
SOCIAL SECURITY — Housing benefit — Shared ownership tenancy — Claimant as personal representative of estate of late father claiming housing benefit in respect of service charges on father’s property — Father owning 75% of property on leasehold interest — No rent payable on remaining 25% — Service charge payable by reference to number of properties in development not percentage of ownership — Whether “shared ownership tenancy” giving rise to entitlement to housing benefit — Housing Benefit Regulations 2006 (SI 2006/213) (as amended by Housing Benefit (Amendment) Regulations 2007 (SI 2007/1356), reg 2), regs 2(1), 12(2)
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Public law
R (Gossip) v NHS Surrey Downs Clinical Commissioning Group — [2020] PTSR 1239
NATIONAL HEALTH SERVICE — Healthcare services — Allocation of resources —
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Public law
Marshall v Waltham Forest London Borough Council — [2020] 1 WLR 3187
HOUSING — Private rented sector — Licensing of houses — Local housing authority imposing financial penalties for failure to obtain licences in selective licensing area — Penalties imposed in accordance with authority’s policy — First-tier Tribunal reducing penalties on appeal — Whether tribunal failing to pay sufficient regard to policy and authority’s decision — Correct approach of tribunal on such appeal — Housing Act 2004 (c 34) (as amended by Housing and Planning Act 2016 (c 22), s 126, Sch 9, paras 7, 8), ss 95(1), 249A(1)(c), Sch 13A, para 12
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Public law
Warsama v Foreign and Commonwealth Office — [2020] 3 WLR 351
PARLIAMENT — Privilege — Proceedings in Parliament — Claimants seeking to rely on contents of inquiry report published in House of Commons following Motion for an Unopposed Return — Whether report “proceedings in Parliament” — Whether Parliamentary privilege applying — Whether claims to be struck out — Bill of Rights 1688 (1 Will & Mary, sess 2, c 2), art 9
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Public law
R (SXM) v Disclosure and Barring Service — [2020] 1 WLR 3259
CONFIDENTIAL INFORMATION — Disclosure — Children’s barred list — Local authority referring alleged child abuser to Disclosure and Barring Service for decision whether to include on children’s barred list — Alleged victim of abuse requesting to be informed of outcome of referral — Whether refusal of request unlawful — Whether abuse victim having “legitimate interest” in knowing whether abuser on children’s barred list — Scope of power to disclose information — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Safeguarding Vulnerable Groups Act 2006 (c 47), s 2(1)(a) — Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (SI 2012/2157), art 7
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Public law
In re Challen, decd — [2020] 3 WLR 440
PUBLIC POLICY — Administration of estates — Manslaughter of testator — Court of Appeal quashing claimant’s conviction for murdering her husband and ordering retrial — Crown Court accepting claimant’s guilty plea to manslaughter on ground of diminished responsibility — Claimant seeking modification of forfeiture rule to enable her to take gift under husband’s will — Modification precluded unless proceedings brought within three months of “conviction” — Whether time running from original conviction for murder — Whether claimant convicted of manslaughter when pleading guilty or when court accepting plea and imposing sentence — Whether modification proceedings brought within time limit — Forfeiture Act 1982 (c 34), s 2(3)
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Public law
R (Elan-Cane) v Secretary of State for the Home Department (Human Rights Watch intervening) — [2020] 3 WLR 386
HUMAN RIGHTS — Respect for private life — Gender identity — Passport Office’s policy to issue passports bearing either male or female indicator — Whether infringing Convention rights of persons identifying as non-gendered — Whether concept of “private life” encompassing identification as non-gendered — Whether positive obligation on state to permit non-gendered persons to apply for passport indicating non-gendered identity — Whether discrimination against non-gendered persons in enjoyment of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14
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Public law
R (British Pregnancy Advisory Service) v Secretary of State for Health and Social Care — [2020] 1 WLR 3240
MEDICAL PRACTITIONER — Abortion — Time limit — Secretary of State issuing decision letter clarifying abortion time limit — Whether time limit equating to pregnancy not exceeding 23 weeks and 6 days — Whether decision letter containing correct interpretation of time limit — Abortion Act 1967 (c 87), s 1(1)(a) (as substituted by Human Fertilisation and Embryology Act 1990 (c 37), s 37(1))
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Public law
R (Coughlan) v Minister for the Cabinet Office — [2020] 1 WLR 3300
Local Government — Election — Pilot scheme — Orders implementing pilot schemes requiring voter identification in local elections — Whether statute empowering minister to make Orders implementing such schemes — Whether schemes concerning “how” voting to take place — Representation of the People Act 2000 (c 2), s 10(1)(2)(a)
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Public law
R (Hoareau) v Secretary of State for Foreign and Commonwealth Affairs — [2020] WLR(D) 453
CROWN — Colony — Resettlement — Population exiled from United Kingdom colony — Government refusing to allow exiled population’s resettlement in colony but providing support package to live outside colony — Exiled claimants’ judicial review claim dismissed — Advisory opinion of International Court of Justice holding decolonisation of Mauritius in 1968 unlawful following separation from colony — Resolution of United Nations General Assembly urging United Kingdom to complete resettlement and decolonisation process as soon as possible — Whether decision to refuse resettlement breaching claimants’ Convention rights — Whether decision-maker and court obliged to apply test of anxious scrutiny — Whether decision irrational — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8, Pt II, art 1 — Convention for the Protection of Human Rights and Fundamental Freedoms (1950), arts 1, 56 (formerly art 63)
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Trusts and Chancery
Brake v Swift — [2020] WLR(D) 454
BANKRUPTCY — Bankrupt’s estate — Property re-vesting in bankrupt — Bankrupts claiming proprietary interest in cottage — Trustee not realising interest more than three years after bankruptcy — Whether claim “interest in dwelling-house” — Whether cottage bankrupts’ sole or principal residence at date of bankruptcies — Whether claim re-vesting in bankrupts — Insolvency Act 1986 (c 45), s 283A (as inserted by the Enterprise Act 2002 (c 40), s 261)
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