Civil litigation
Various Claimants v G4S plc — [2021] 4 WLR 46
PRACTICE — Claim form — Amendment — Rule permitting party to amend “his statement of case” before service on any other party — Whether permitting addition of new claimants with similar claims — CPR r 17.1
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Crime
R v Muldoon — [2021] WLR(D) 191
CRIME — Evidence — Hearsay — Statements made out of court — At trial, one witness declining to answer questions as to contents of statement and other witness retracting statement — Judge acceding to Crown’s applications to treat witnesses as hostile and adduce witness statements — Whether statutory requirements for admitting witness statements satisfied in case of silent witnesses — Criminal Procedure Act 1865 (28 and 29 Vict, c 18), s 3 — Criminal Justice Act 2003 (c 44), ss 119(1)(b), 114(1)(d)(g), (2)
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Crime
AM v Chief Constable of West Midlands Police — [2021] WLR(D) 192
INJUNCTION — Anti-social behaviour — Young person — Civil injunction made against minor to restrain anti-social behaviour — Minor arrested for breach of injunction and breach proceedings instituted — Chief constable applying for supervision or detention order against minor — Whether chief constable complying with requirement to consult youth offending team before applying for such order — Whether consultation carried out in time — Whether consultation sufficient — Anti-Social Behaviour, Crime and Policing Act 2014 (c 12), ss 1, 9, 14, Sch 2, para 1(3)
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Crime
R v Gould (Joshua) — [2021] WLR(D) 190
CROWN COURT — Jurisdiction — Defect in committal — Errors in prosecution case — Crown Court judges sitting as district judges to remedy errors in prosecution case — Scope of jurisdiction — Whether jurisdiction exceeded — Courts Act 2003 (c 39), s 66
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European Union
LB v College van burgemeester en wethouders van de gemeente Echt-Susteren (Sebava BV intervening) — [2021] PTSR 735
ENVIRONMENT — Public participation in decision-making — Public access to justice — Dutch municipality granting environmental permit for building large pig pen without prior environmental impact assessment — National law limiting challenges to environmental decisions to interested parties who had participated in decision-making procedure — Whether such limitation of access to justice under national law compatible with Convention — Charter of Fundamental Rights of the European Union, arts 47, 52(1) — Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (1998), arts 2, 6, 9
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R (D) v Hackney London Borough Council — [2021] PTSR 733
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Public law
R (Article 39) v Secretary of State for Education — [2021] PTSR 696
CHILDREN — Children in need — Welfare services — Regulations temporarily amending regulatory protections in respect of children’s social care services in response to Covid-19 pandemic — Whether breach of statutory and/or common law duty to consult — Whether Regulations unlawful — Care Standards Act 2000 (c 14), s 22(9) — Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (SI 2020/445)
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R (Hillingdon London Borough Council) v Secretary of State for Transport — [2021] PTSR 734
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Public law
Ngnoguem v Milton Keynes Council — [2021] WLR(D) 189
Local Government — Homeless persons — Review of local authority decision — Homeless applicant requesting review of local housing authority’s decision as to housing assistance — Local authority issuing review decision four days after expiry of statutory period for issuing review decision — Whether applicant having right of appeal against original decision — Whether original decision superseded by review decision — Housing Act 1996 (c 52), ss 184, 202, 203, 204(1)(2)
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Public law
R (Mujahid) v First-tier Tribunal (Immigration and Asylum Chamber) — [2021] WLR(D) 188
IMMIGRATION — Leave to remain — Indefinite leave to remain — Claimant applying for indefinite leave to remain in United Kingdom on human rights grounds — Home Secretary refusing application for indefinite leave but granting limited leave to remain — Whether Home Secretary refusing “human rights claim” — Whether claimant having right of appeal to First-tier Tribunal in circumstances where Secretary of State granting limited leave to remain — Nationality, Immigration and Asylum Act 2002 (c 41), s 82(1)(b)
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Public law
R (Kumar) v Hillingdon London Borough Council — [2021] PTSR 686
EDUCATION — Local education authority — Duty to make special educational provision — Parent proposing to bring lawyer to mediation of dispute with local authority over son’s education, health and care plan — Authority unwilling to participate in mediation with lawyer present — Whether parent entitled to bring lawyer or consent of local authority or mediator required — Children and Families Act 2014 (c 6), ss 52, 54, 56(1)(d) — Special Educational Needs and Disability Regulations 2014 (SI 2014/1530), reg 38(1)(b)(e)
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Public law
R (Stronge) v Comr of Police of the Metropolis — [2021] WLR(D) 186
ANIMAL — Dog — Control — Court making contingent destruction order in relation to prohibited dog — Failure to comply with order resulting in order for destruction of dog — Whether dog could be transferred to enable the finding of a proposed keeper as the dog’s new keeper — Requests made to persuade police authorities in attempt to evade existing destruction order — Dangerous Dogs Act 1991 (c 65) — Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 (SI 2015/138)
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Tort
SKX v Manchester City Council — [2021] WLR(D) 187
NEGLIGENCE — Duty of care — Local authority — Claim against local authority for historic sexual abuse of child in care by chief executive of private care home — Whether local authority owing claimant non-delegable duty of care — Whether local authority liable for acts and omissions of abuser — Child Care Act 1980 (c 5), ss 2, 18, 21(1)
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Trusts and Chancery
Wood v Commercial First Business Ltd — [2021] WLR(D) 193
AGENCY — Fiduciary duty — Secret commission — Lender paying secret commissions to broker for arranging secured loans with borrowers — Borrowers seeking rescission of loans and associated security on basis of commissions being paid without their knowledge or consent — Whether fiduciary relationship between borrowers and broker necessary for grant of relief from undisclosed commission
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Trusts and Chancery
Secretary of State for Business, Energy And Industrial Strategy v Geoghegan — [2021] WLR(D) 185
PARTNERSHIP — Limited liability partnership — Members — Secretary of State bringing disqualification proceedings against members of limited liability partnership — Members having no involvement in partnership’s management — Whether members not forming part of management body subject to disqualification proceedings — Whether Secretary of State permitted to rely on conduct not related to partnership’s management — Company Directors Disqualification Act 1986 (c 46), s 6(1)(b) (as modified by Limited Liability Partnership Regulations 2001 (SI 2001/1090), reg 4(2))
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