Civil litigation
Strategic Technologies Pte Ltd v Procurement Bureau of the Republic of China Ministry of National Defence — [2020] 1 WLR 3388
CONFLICT OF LAWS — Foreign judgment — Enforcement — Claimant obtaining judgment in Singapore against Taiwanese defendant — Claimant later obtaining default judgment against defendant in Cayman Islands based on Singapore judgment debt — Defendant seeking to set aside registration in United Kingdom of Cayman default judgment — Whether statute permitting registration of foreign default judgment based on foreign judgment — Whether registration to be set aside — Administration of Justice Act 1920 (10 & 11 Geo 5, c 81), ss 9, 12
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Commercial
WRW Construction Ltd v Datblygau Davies Developments Ltd — [2020] WLR(D) 496
ADJUDICATION — Adjudication decision — Enforcement — Adjudicator valuing final account in favour of responding party but having no jurisdiction to award it monetary sum — Party bringing enforcement proceedings — Whether court having jurisdiction to order payment of sum due following binding valuation
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PJSC Commercial Bank Privatbank v Kolomoisky — [2020] 1 WLR 3353
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Commercial
C Spencer Ltd v M W High Tech Projects UK Ltd — [2020] 1 WLR 3426
BUILDING — Contract — Interim payment — Parties agreeing construction contract for both “construction operations” and other matters — No requirement in contract for parties to differentiate in payment notices between construction operations and other matters — Payment notice making no allocation of separate sums to construction operations and other matters — Whether payment notice invalid — Housing Grants, Construction and Regeneration Act 1996 (c 53) (as amended by Local Democracy, Economic Development and Construction Act 2009 (c 20), ss 142, 143, 144), ss 104(5), 105, 109–111
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Commercial
Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd — [2020] 3 WLR 521
RESTRAINT OF TRADE — Shopping centre — Restrictive covenant — Freeholder leasing part of shopping centre to lessee retailer as anchor tenant — Freeholder covenanting not to permit any other major store to be built in centre in competition with lessee — Whether covenant engaging doctrine against restraint of trade
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Cham v Aldred — [2020] 1 WLR 3387
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Crime
R v Richards (Tony) (Hunt intervening) — [2020] 1 WLR 3344
CRIME — Sexual offences — Voyeurism — Defendant filming himself having intercourse with complainants in their bedrooms in return for payment — Whether defendant recording “private act” — Whether complainants having reasonable expectation of privacy — Sexual Offences Act 2003 (c 42), ss 67, 68
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Employment
EM v TMD Friction GmbH — [2020] WLR(D) 500
EMPLOYMENT — Transfer of undertaking — Protection of employees — Employees entitled to pensions under supplementary occupational scheme — Insolvency proceedings opened in relation to employer — Administrator subsequently transferring employer’s business and employment contracts to transferee companies — National law providing that transferee not liable for pension rights accrued before opening of insolvency proceedings — National insolvency guarantee body governed by private law not required under national law to intervene where rights conferring prospective pension entitlement not definitive at time insolvency proceedings instituted — National law providing that calculation of national body’s liability based on pay at time insolvency proceedings opened — Whether EU law precluding national legislation — Whether pensioners able to rely on direct effect of EU law against national body — Council Directive 2001/23/EC, arts 3(1), (4), 5(2)(a) — Parliament and Council Directive 2008/94/EC, art 8
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Employment
Angard Staffing Solutions Ltd v Kocur — [2020] WLR(D) 495
EMPLOYMENT — Contract of employment — Agency worker — Claimants employed by agency and supplied exclusively to one hirer to provide flexible resource — Whether “agency workers” supplied by “temporary work agency” — Agency Workers Regulations 2010 (SI 2010/93), regs 3(1),4(1), 5
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Family
In re B (A Child) — [2020] WLR(D) 498
CHILDREN — Custody rights — Breach — Parents of two-year old child living in Australia — Family moving to France for father’s job prospects and setting up home in rented accommodation near father’s family — Family spending Christmas with mother’s family in United Kingdom soon after arrival in France — Father returning to France soon after Christmas but Mother remaining in United Kingdom and refusing to return with child — Whether Australia child’s habitual residence — Whether power to order return to third country — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12
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Moher v Moher — [2020] 1 WLR 3343
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Public law
Tax-Fin-Lex d o o v Ministrstvo za notranje zadeve (LEXPERA d o o, intervening) — [2020] WLR(D) 499
EUROPEAN UNION — Public procurement — Contract awards procedure — Applicant submitting tender with price of €0.00 — Meaning of “pecuniary interest” — Whether “public contract” — Whether legal basis for rejecting tenderer’s bid in public procurement procedure on sole ground that contracting authority would provide no financial consideration — Council Directive 2014/24/EU, art 2(1)(5)
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Public law
Wiltshire Council v Secretary of State for Housing, Communities and Local Government — [2020] PTSR 1409
PLANNING — Development — Planning permission — Inspector allowing appeal against local planning authority’s refusal of planning permission to change use of separate annexed accommodation from ancillary to independent residential accommodation — Whether proposed development involving “subdivision of an existing residential dwelling” — Whether falling within exception to general policy of avoiding development of isolated homes in countryside — Whether inspector erring — National Planning Policy Framework (2019), para 79(d)
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Public law
R (Wilbur Developments Ltd) v Hart District Council — [2020] PTSR 1379
PLANNING — Neighbourhood development plan — Independent examination — Claimant challenging local planning authority’s decision to accept independent examiner’s report in respect of draft neighbourhood development plan — Whether examiner’s report flawed and/or containing insufficient reasoning — Level of scrutiny to be given to examiner’s reports — Whether planning authority’s decision unlawful — Town and Country Planning Act 1990 (c 8) (as amended by Localism Act 2011 (c 20), s 116, Sch 9, para 2, Sch 10), ss 61E, 61N(2), Sch 4B, para 12
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Public law
R (Fratila) v Secretary of State for Work and Pensions (AIRE Centre intervening) — [2020] PTSR 1424
SOCIAL SECURITY — Welfare benefits — Universal credit — Claim for universal credit by Romanian national living in United Kingdom with right to reside based on “pre-settled” status — Claim refused by virtue of amendment to social security rules preventing reliance on pre-settled status to meet residence tests on which entitlement to benefit conditional — Whether unlawful discrimination contrary to European Union law — Universal Credit Regulations 2013 (SI 2013/376), reg 9(1)(2)(3)(c)(i) (as amended by Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (SI 2019/872), reg 8(3)(d)) — Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 14 — Statement of Changes in Immigration Rules (1994) (HC 395), Appendix EU (as substituted by Statement of Changes in Immigration Rules 2020 (HC 120), para EU.1) — FEU Treaty, art 18FEU — Parliament and Council Directive 2004/38/EC, art 24
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Public law
Peel Investments (North) Ltd v Secretary of State for Housing Communities and Local Government — [2020] WLR(D) 494
PLANNING — Development — Sustainable development — Developer’s appeal against refusal of planning permission for housing development — Local planning authority’s development plan expiring and not replaced — Secretary of State dismissing appeal as development plan not out-of-date — Whether Secretary of State wrongly interpreting revised national planning policy — Whether development plan out-of-date — National Planning Policy Framework (2018), paras 11(d)(i), 213
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Public law
Lownie v Information Comr — [2020] 1 WLR 3319
FREEDOM OF INFORMATION — Disclosure — Exemption — Freedom of information request relating to historic file on security vetting of civil servant — Whether information sought subject to qualified exemption for information “relating to” bodies dealing with security matters — Proper approach to determining whether disclosure in “public interest” notwithstanding exemption — Freedom of Information Act 2000 (c 36), ss 2(2)(b), 23(1)
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R (TN (Vietnam)) v Secretary of State for the Home Department — [2020] 1 WLR 3425
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R (A) v Secretary of State for Health and Social Care — [2020] 1 WLR 3448
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Public law
Children’s Investment Fund Foundation (UK) v Attorney General — [2020] 3 WLR 461
CHARITY — Charitable company — Jurisdiction of High Court — Extent of court’s jurisdiction over members of charitable company — Payment of grant to new charity requiring resolution of company’s members — Whether members owing fiduciary duty to company — Whether court having jurisdiction to direct member how to vote on resolution — Companies Act 2006 (c 46), s 217
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Tax
Clark v Revenue and Customs Comrs — [2020] 1 WLR 3354
REVENUE — Income tax — Pension — Taxpayer transferring funds from one pension scheme to another — Taxpayer then surrendering benefits under second scheme leading to transfer of funds to scheme employer — Discovery assessment finding second transfer to be “unauthorised member payment” and so chargeable to income tax — First-tier Tribunal finding first transfer but not second transfer to be unauthorised member payment — Whether taxpayer liable to income tax on first transfer — Whether first transfer “unauthorised member payment” — Whether transfer “payment” if transferring bare legal title only — Whether discovery assessment broad enough to encompass first transfer — Taxes Management Act 1970 (c 9), s 29 (as amended by Finance Act 1998 (c 36), Sch 19, para 12 and Finance Act 2008 (c 9), Sch 39, para 3) — Finance Act 2004 (c 12) (as amended by Finance Act 2006 (c 25), Sch 23, paras 3, 14), ss 160(2), 208
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Tort
Rix v Paramount Shopfitting Co Ltd — [2020] WLR(D) 497
FATAL ACCIDENTS ACTS — Damages — Widow's dependency — Deceased building up family business — Claimant wife of deceased receiving salary as director of business and dividends as shareholder but not working in business — Deceased dying from mesothelioma caused by exposure to asbestos in course of earlier employment with defendant — Claimant bringing claim against defendant for financial dependency — Whether having valid claim for financial dependency where profitability of family business increasing after death of deceased — Appropriate method of calculation of financial dependency — Fatal Accidents Act 1976 (c 30), s 3(1) (as substituted by Administration of Justice Act 1982 (c 53), s 3(1))
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Trusts and Chancery
Gandesha v Gandesha — [2020] 4 WLR 120
TRUSTS OF LAND — Sale — Discretion of court —
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