Civil litigation
Lipton v BA City Flyer Ltd — [2021] WLR(D) 180
AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Flight cancelled due to illness of captain — Whether illness “extraordinary circumstance” exempting carrier from obligation to pay compensation — Parliament and Council Regulation (EC) No 261/2004, art 5
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Civil litigation
Newman v Southampton City Council — [2021] WLR(D) 182
CONFIDENTIAL INFORMATION — Disclosure — Access to court file — Journalist seeking disclosure of material relating to concluded care proceedings — Mother consenting to release of all documents — Whether mother able to consent on behalf of child — Whether consent determinative of issue of disclosure — Whether limited disclosure in redacted form appropriate — Whether interference with competing Convention rights proportionate — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 10
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Civil litigation
Motorola Solutions Inc v Hytera Communications Corpn Ltd — [2021] 2 WLR 679
EVIDENCE — Privilege — “Without prejudice” communications — Party at without prejudice meetings threatening to transfer assets out of jurisdiction to make enforcement of judgment more difficult — Whether evidence of threat admissible — Whether threat amounting to unambiguous impropriety so as to fall within exception to without prejudice rule — Whether good arguable case of unambiguous impropriety sufficient to establish exception
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Commercial
JCM Europe (UK) Ltd v Revenue and Customs Comrs — [2021] 4 WLR 44
REVENUE — Customs and Excise — Importation of dutiable goods — Taxpayer importing banknote validator machine — Machine originally classified under combined nomenclature heading for “measuring or checking instruments” — European Commission adopting Implementing Regulation re-classifying machines under heading for “office machines” attracting higher rate of duty — Taxpayer appealing against classification — Whether Regulation valid — Commission Implementing Regulation (EU) 2015/1754, S XVI, Chs 84, 90 — Commission Implementing Regulation (EU) 2016/1760
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Commercial
Syndicat interprofessionnel de défense du fromage Morbier v Société Fromagère du Livradois SAS — [2021] Bus LR 565
SALE OF GOODS — Trade description — Foodstuffs — Geographical indication and protected designation of origin — Protected designation covering cheese produced in French region with specific visual feature — Cheese manufacturer outside region producing cheese with same feature — Whether protection limited to prohibiting use of registered name — Whether reproduction of feature of protected product constituting “any other practice” liable to mislead consumer as to true origin of product — Council Regulation (EC) No 510/2006, art 13(1) — Parliament and Council Regulation (EU) No 1151/2012, art 13(1)
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Commercial
Herculito Maritime Ltd v Gunvor International BV (The Polar) — [2021] Bus LR 516
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 — Arbitration Act 1996 (c 23), s 69
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Commercial
Hanger Holdings v Perlake Corpn SA — [2021] Bus LR 544
Telecommunications — Internet — Domain name — Claimant assigning business including website domain name to defendant under agreement — Clause requiring return of domain name if agreement terminated following defendant’s breach — Whether termination of contract creating equitable interest in domain name — Whether claimant entitled to assignment
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Crime
R v Brehmer (Attorney General’s Reference) — [2021] 4 WLR 45
CRIME — Homicide — Sentence — Early plea of guilty to unlawful manslaughter — Acquittal of murder — Judge satisfied as to intent for murder so that sentence to be on basis of loss of self-control — Whether sentence disproportionate to what would have been sentence for murder — Whether judge erred in balancing of aggravating and mitigating circumstances — Whether discount for early plea excessive
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Crime
R v Luckhurst (Golding intervening) — [2021] 1 WLR 1807
CRIME — Restraint order — Exceptions for reasonable expenses — Defendant applying to vary restraint order so as to make exceptions for reasonable living expenses and reasonable legal expenses — Whether living expenses “reasonable” — Whether legal expenses prohibited on grounds “related” to offence giving rise to restraint order — Proceeds of Crime Act 2002 (c 29), s 41
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Crime
Scottow v Crown Prosecution Service — [2021] 1 WLR 1828
CRIME — Improper use of public electronic communications network — Persistently making use of network for purpose of causing annoyance etc — Defendant posting messages on social media concerning complainant — Some messages posted in 2018 and others in 2019 after gap of nearly four months — Defendant charged on single count of persistently making use of public electronic communications network for purpose of causing annoyance, inconvenience or needless anxiety to another — Whether charge bad for duplicity — Whether ingredients of offence established — Whether prosecution unjustified breach of defendant’s Convention right to freedom of expression — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 10 — Communications Act 2003 (c 21), s 127(2)(c)
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Ecclesiastical
In re St Edmund Churchyard, Kessingland — [2021] PTSR 653
ECCLESIASTICAL LAW — Faculty — Churchyard — Petition for faculty to dispose of uncollected mementoes and items placed at graves and cremation plots in breach of Churchyard Regulations — Whether online petition opposing faculty to be considered — Whether faculty required to remove unauthorised items — Whether notice of removal to be given prior to disposal — Whether faculty for disposal to be granted — Guidance to diocese — Faculty Jurisdiction Rules 2015 (SI 2015/1568), r 10
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Family
SS v MCP — [2021] WLR(D) 181
CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — Jurisdiction in cases of child abduction — Mother allegedly abducting UK citizen child to third state outside European Union — Child subsequently acquiring habitual residence in third state — Father with parental responsibility applying to High Court for order for return of child to UK as member state of EU — Whether EU Regulation applying to conflict of jurisdiction between member state and third state — Whether courts of member state in which child habitually resident immediately before abduction retaining jurisdiction for unlimited time — Council Regulation (EC) No 2201/2003, art 10
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Family
G v G (Secretary of State for the Home Department intervening) — [2021] 2 WLR 705
CHILDREN — Custody rights — Breach — Child habitually resident in South Africa wrongfully removed by mother to England — Mother applying for asylum in England and naming child as dependant — Father applying under Hague Convention for child’s return — Whether Hague Convention application to be stayed pending determination of asylum application — Whether child named as dependant on parent’s asylum application to be treated as making own asylum application — Whether court prevented from implementing return order pending determination of asylum application — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12 — Nationality, Immigration and Asylum Act 2002 (c 41), ss 78, 82, 104 — Immigration Rules, para 329 — Council Directive 2005/85/EC, arts 2(b), 7(1), 39
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IP and Media
Warner Music UK Ltd v TuneIn Inc — [2021] WLR(D) 183
COPYRIGHT — Infringement — Communication to public — Online platform enabling easy access for UK users to internet radio stations worldwide — Provision of app enabling users to record music from foreign stations accessed via online platform until recording function disabled — Holders of copyright in musical recordings and their representatives claiming infringement of copyright by online platform — Whether online platform committing restricted act of “communication to the public” — Whether online platform services targeted at UK — Whether online platform authorised or jointly liable for restricted acts by foreign internet radio stations — Whether online platform authorised or jointly liable for reproduction of sound recordings by users of app prior to app’s disablement — Copyright, Designs and Patents Act 1988 (c 48), s 20
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Hirunavukkrasu v Brar — [2021] Bus LR 543
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Land law
Chuan-Hui v K Group Holdings Inc — [2021] WLR(D) 179
LANDLORD AND TENANT — Covenant — Service charge — Maintenance trustee levying large service charge demands on tenants of flats held on underlease — Tribunal appointing manager to demand, collect and apply service charges made payable to maintenance trustee by underleases — Manager’s appointment terminating after period of time — Maintenance trustee claiming cost of alleged arrears from tenants including sums due during management period — Whether maintenance trustee entitled to recover service charges accruing during period of management by tribunal appointed manager — Whether sums paid by tenants to manager during management period retaining character as "service charges" for purposes of statutory regime governing service charges — Landlord and Tenant Act 1987 (c 31) , s 24 — Landlord and Tenant Act 1985 (c 70), s 18(1)(a) (as substituted by Landlord and Tenant Act 1987 (c 31), s 41, Sch 2 para 1, and inserted by Commonhold and Leasehold Reform Act 2002 (c 15), ss 150, 181(1), Sch 9 para 7).
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Public law
Ceredigion County Council v Robinson — [2021] 1 WLR 1795
PLANNING — Enforcement notice — Breach — Local planning authority laying informations charging defendants with breach of planning enforcement notices — Informations failing to specify date by and from which notices requiring compliance — Whether informations defective — Town and Country Planning Act 1990 (c 8), s 179 — Crim PR r 7.3
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Tax
Balhousie Holdings Ltd v Revenue and Customs Comrs — [2021] WLR(D) 184
REVENUE — Value added tax — Zero rating — Taxpayer’s purchase of residential care home care home benefiting from zero rate — Taxpayer immediately concluding sale and leaseback agreement with finance company — Statute providing for claw-back of benefit of zero-rating where recipient of specified supplies disposing of “entire interest” within ten-year period — Whether sale element of sale and leaseback process counting as disposal of taxpayer’s “entire interest” in care home — Whether claw-back precluded where sale and leaseback simultaneous — Value Added Tax Act 1994 (c 23), Sch 10, para 36(2)
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Tort
Toombes v Mitchell — [2021] 2 WLR 661
MEDICAL PRACTITIONER — Negligence — Liability — Doctor failing to advise claimant’s mother of potential benefits of taking sufficient folic acid during pregnancy — Claimant subsequently conceived and born with congenital defect — Whether claimant having claim against doctor — Congenital Disabilities (Civil Liability) Act 1976 (c 28), s 1
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Regina (Taj) v Secretary of State for the Home Department — [2021] 1 WLR 1850
IMMIGRATION — Leave to remain — Procedural fairness — Claimant applying for leave to remain as Tier 1 (Entrepreneur) Migrant — Whether duty of procedural fairness obliging Secretary of State to notify claimant of general concerns about genuineness of claimant’s business — Whether obliging Secretary of State to put claimant on notice of concerns about truthfulness of account — Immigration Rules, para 245DD
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