Civil litigation
Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd — [2021] WLR(D) 210
PRACTICE — Pleadings — Striking out — Abuse of process — Statements made in course of “without prejudice” mediation — Claimants seeking to set aside agreement made in mediation on grounds that its agent lacked authority — Whether parts of defence relying on statements made in mediation to be struck out as abuse of process — Whether evidence of “without prejudice” statements admissible for purpose of resolving dispute
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Civil litigation
Hulley Enterprises Ltd v Russian Federation — [2021] WLR(D) 203
ARBITRATION — Award — Enforcement — Claimants obtaining New York Convention awards against defendant sovereign state — Claimants applying for recognition and enforcement of awards in England — Defendant indicating intention to dispute jurisdiction of English court on state immunity grounds — Proceedings subsequently stayed pending determination of challenge to awards before curial court — Appeal court in place of seat rejecting challenge and defendants appealing to supreme court — Claimants applying for stay to be lifted or alternatively for adjournment pending supreme court decision conditional on security being provided pursuant to English arbitration statute — Whether stay to be lifted — Whether court having power to grant adjournment and order security when state immunity issues unresolved — State Immunity Act 1978 (c 33), s 1 — Arbitration Act 1996 (c 23), s 103(5)
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Civil litigation
Revenue and Customs Comrs v IGE USA Investments Ltd — [2021] WLR(D) 199
LIMITATION OF ACTION — Period of limitation — Misrepresentation — Equitable rescission — Revenue’s claim for equitable rescission of contract for fraudulent misrepresentation — Whether six-year limitation period in tort applicable to claim for equitable rescission of contract for fraudulent misrepresentation by analogy — Limitation Act 1980 (c 58), ss 2, 36(1)
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Civil litigation
OT Computers Ltd v Infineon Technologies AG — [2021] WLR(D) 200
LIMITATION OF ACTION — Postponement of limitation period — Deliberate concealment of relevant fact — Claimant claiming damages as victim of defendant’s operation and deliberate concealment of unlawful price-fixing cartel — Claimant contending that running of limitation postponed until concealment discovered or discoverable with reasonable diligence — Claimant insolvent when information about concealment first emerged — Whether claim time-barred — Whether claimant’s insolvency relevant to whether it “could with reasonable diligence have discovered” concealment — Limitation Act 1980 (c 58), s 32(1)
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Civil litigation
JSC Karat-1 and 11 v Tugushev — [2021] WLR(D) 194
COSTS — Security for costs — Jurisdiction — Worldwide freezing order obtained by claimant in proceedings subsequently discharged for breach of full and frank disclosure duties and absence of real risk of dissipation — Third-party companies wholly owned by defendant alleging loss as result of freezing order and applying for inquiry into damages — Claimant seeking security for costs of inquiry — Whether claimant to be considered defendant for purpose of security for costs claim and hence entitled to claim for security for costs — CPR r 25.12(1)
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AIC Ltd v Federal Airports Authority of Nigeria — [2021] 1 WLR 1936
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Commercial
A v B — [2021] WLR(D) 205
SALE OF GOODS — Nomination of vessel — Fob contract — Buyer making invalid vessel nomination — Buyer not providing copy of charterparty to seller pursuant to contractual requirement to provide it at seller’s “first request” — Seller purporting to terminate contract for repudiatory breach — Buyer purporting to nominate substitute vessel within contractual time period — Seller not accepting nomination — Parties agreeing contract at end and referring dispute to GAFTA tribunal — GAFTA board of appeal finding in favour of buyer — Seller appealing on questions of law — Whether buyer’s invalid initial vessel nomination constituting condition, breach of which entitling seller to terminate contract — Whether obligation to provide copy of charterparty at first request constituting condition — Arbitration Act 1996 (c 23), s 69 — GAFTA contract form no 49, cl 6
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Costs
Football Association Premier League v Lord Chancellor — [2021] WLR(D) 204
COSTS — Central funds — Power to award — Court having power to order payment out of central funds of amount to compensate prosecutor for expenses incurred “in the proceedings” — Whether power extending to expenses incurred prior to formal commencement of proceedings — Prosecution of Offences Act 1985 (c 23), s 17(1)
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Costs
Various Claimants v MGN Ltd — [2021] WLR(D) 202
COSTS — Discretion of court — Amendment of pleadings — Claimants amending particulars of claim after disclosure — Whether claimants to be ordered to pay costs of and occasioned by amendments — CPR r 44.2
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Crime
R v Say (Darren) — [2021] WLR(D) 198
CRIME — Fraud — Evidence — Defendant involved in running pension schemes — Whether defendant fraudulently using scheme moneys for own benefit
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Employment
National Union of Professional Foster Carers v Certification Officer — [2021] WLR(D) 206
TRADE UNION — Application to list — Foster carers — Certification Officer refusing application to list on ground foster carers not “workers” — Whether correct — Whether infringement of Convention rights to form and join trade union and not be discriminated against — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 1, 3, 296 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 11, 14
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Employment
London Fire Comr v Sargeant — [2021] WLR(D) 195
DISCRIMINATION — Age — Pension scheme — Members of public sector pension scheme transferred into new scheme — Transitional measures discriminating against younger members — Measures constituting direct age discrimination but employers relying on defence of statutory authority — Whether members barred from bringing claims of less favourable treatment on grounds of age — Equality Act 2010 (c 15), ss 13, 61, 62, Sch 22, para 1 — Council Directive 2000/78/EC, arts 2, 3, 16
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Family
In re M (Special Guardianship Order: Leave to Apply to Discharge) — [2021] WLR(D) 209
CHILDREN — Care proceedings — Special guardianship orders — Local authority taking care proceedings because mental ill mother unable to adequately care for child — Unopposed special guardianship order made in favour of maternal grandparents — Mother subsequently seeking leave to discharge special guardianship order and applying for contact order — Judge accepting grandparents’ accounts to summarily dismiss application for leave and for contact order — Whether judge applying correct test for leave to vary and for contact order — Children Act 1989 (c 41), s 14D (as inserted by Children and Adoption Act 2002 (c 38), s 115(1))
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In re Y (Children) — [2021] 1 WLR 2072
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Land law
Keshwala v Bhalsod — [2021] WLR(D) 207
LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Landlord forfeiting lease by peaceable re-entry for non-payment of rent — Landlord re-letting premises five months after forfeiture — Tenants applying for relief 5½ months after forfeiture — County Court judge dismissing claim for relief on grounds of unreasonable delay — Judge allowing appeal on ground that tenants applying for relief within statutory time limit of six months after forfeiture — Whether tenant to be treated as having applied with reasonable promptitude if bringing application before expiry of six month — County Courts Act 1984 (c 28), s 139(2)
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Land law
Northwood Solihull Ltd v Fearn — [2021] 1 WLR 1937
LANDLORD AND TENANT — Assured shorthold tenancy — Order for possession — Corporate landlord letting property to tenants — Landlord providing tenants with certificate confirming accuracy of information provided regarding deposit — Certificate signed by one of landlord’s directors — Landlord subsequently serving tenants with notice of possession — Notice signed by landlord’s property manager — Whether confirmatory certificate and notice required to be executed by company in accordance with statutory requirements — Whether certificate and notice valid — Housing Act 1988 (c 50), s 8 — Housing Act 2004 (c 34), s 213(5)(6) — Companies Act 2006 (c 46), s 44 — Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797), art 2(1)(g)(vii) — Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No 2) Regulations 2016 (SI 2016/1118), Sch, Form No 3
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Thirunavukkrasu v Brar — [2021] 1 WLR 1955
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Land law
Williams v Aviva Investors Ground Rent GP Ltd — [2021] 1 WLR 2061
LANDLORD AND TENANT — Covenant — Service charge — Lease providing for tenant’s share of service charge to be percentage specified in lease or percentage determined by landlord — Provision permitting landlord to determine such percentage rendered void by statute — Whether lease to be construed as permitting First-tier Tribunal to determine percentage payable by tenant — Landlord and Tenant Act 1985 (c 70), s 27A(6)
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Public law
R (MR (Pakistan)) v Justice Secretary — [2021] WLR(D) 197
IMMIGRATION — Detention — Detention pending deportation — Immigration detainees held in prison after serving prison sentences pending deportation — Whether absence of equivalent detention centre rules as to detainee’s health systemically unfair rendering immigration detention in prison estate unlawful — Whether irrational not to have obtained medical information of detainee’s status as victim of past torture — Prison Rules 1999 (SI 1999/728), rr 20, 21 — Detention Centre Rules 2001 (SI 2001/238), rr 34, 35
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Public law
R (Latif) v Secretary of State for Justice — [2021] WLR(D) 201
PRISONS — Prisoners’ rights — Release on licence — Licence conditions — Claimant convicted of terrorism offence released on licence — Secretary of State varying licence conditions — Whether conditions only variable by Parole Board — Whether claimant having right to make representations on variations — Whether conditions invalid as contrary to policy — Whether conditions unlawful due to uncertainty and disproportionate interference with human rights — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 5, 8, 14 — Terrorism Act 2003 (c 11), s 5(1) — Criminal Justice Act 2003 (c 44), ss 226, 227, 236A, 250
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Public law
R (EOG) v Secretary of State for the Home Department — [2021] 1 WLR 1875
IMMIGRATION — Human trafficking — Victim — Competent authority finding reasonable grounds to believe that claimant victim of trafficking — Secretary of State’s policy excluding claimant from grant of discretionary leave to remain pending making of conclusive grounds decision — Whether Secretary of State’s policy failing to implement United Kingdom’s treaty obligations — Whether unlawfully discriminating against claimant in enjoyment of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14 — Council of Europe Convention on Action against Trafficking in Human Beings 2005 (Cm 7465), art 10(2)
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Public law
Surrey County Council v NHS Lincolnshire Clinical Commissioning Group — [2021] 2 WLR 805
RESTITUTION — Unjust enrichment — Benefit — Local authority funding provision of accommodation and care services for vulnerable adult — NHS trust unlawfully declining to assess whether vulnerable adult eligible for NHS continuing healthcare — Cost of care thus remaining with local authority — Whether local authority having claim in restitution against NHS trust — Whether NHS trust unjustly enriched at local authority’s expense — Whether claim to be brought by way of judicial review — Whether NHS trust benefiting — Whether defence of change of position available
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Public law
Colley v Shuker — [2021] 1 WLR 1889
ROAD TRAFFIC — Motor Insurers’ Bureau — Uninsured driver — Passenger sustaining personal injuries in car accident caused by negligence of driver — Vehicle insured but driver uninsured — Passenger entering vehicle knowing driver uninsured — Insurer avoiding policy on grounds of material misrepresentation by insured — Whether Motor Insurers’ Bureau obliged to compensate passenger — Whether obligation to compensate applying where vehicle insured but driver uninsured — Whether obligation excluded when passenger entering vehicle knowing driver uninsured — Road Traffic Act 1988 (c 52), ss 151, 152(2) — Parliament and Council Directive 2009/103/EC, arts 3, 10
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Public law
R (MN) v Secretary of State for the Home Department (AIRE Centre intervening) — [2021] 1 WLR 1956
IMMIGRATION — Human trafficking — Victim — National Referral Mechanism providing two-stage process for competent authority to determine whether individual victim of human trafficking — Whether two-stage process complying with United Kingdom’s international obligations — Proper approach to expert evidence when making such determination — Proper approach to assessment of putative victim’s credibility — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 4 — Council of Europe Convention on Action against Trafficking in Human Beings 2005 (Cm 7465), art 10 — Parliament and Council Directive 2011/36/EU, art 11
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Tax
R (M Sport Ltd) v Revenue and Customs Comrs — [2021] WLR(D) 208
REVENUE — Tax avoidance — Accelerated payment notice — Revenue issuing follower notice and accelerated payment notice following inquiry into taxpayer’s tax return — Taxpayer commencing judicial review proceedings contending revenue should withdraw notice — Taxpayer not waiting for revenue’s response to taxpayer’s statutory representations before issuing claim — Judicial review claim including human rights grounds — Revenue withdrawing notice before commencement of judicial review hearing — Costs judge determining judicial review claim issued prematurely and making no order as to costs — Whether taxpayer entitled to costs of judicial review claim — Whether claim issued prematurely — Whether human rights grounds capable of being subject of statutory representations — Finance Act 2014, ss 207, 222
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Leisure, Independence, Friendship and Enablement Services Ltd v Revenue and Customs Comrs — [2021] 1 WLR 1888
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NCL Investments Ltd v Revenue and Customs Comrs — [2021] 1 WLR 2060
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Trusts and Chancery
In re DeepOcean 1 UK Ltd — [2021] Bus LR 632
COMPANY — Reorganisation of debt — Company in financial difficulty — Proposed compromise or arrangement providing for slightly enhanced dividend on creditors’ claims but not enabling company to continue as going concern — Whether court having jurisdiction to grant relief — Companies Act 2006 (c 46), ss 901A(2)(3), 901C
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Trusts and Chancery
Promontoria (Pine) Designated Activity Co v Hancock — [2021] Bus LR 607
DEBT — Assignment — Validity — Deed of assignment purporting to transfer rights under loan facility to corporate assignee — Assignee serving statutory demand on debtor — Debtor putting in issue assignee’s title to debt claimed — Assignee redacting parts of deed of assignment exhibited in evidence preventing debtor from verifying identity and authority of assignee’s signatory — Whether redaction giving rise to dispute on substantial grounds about validity of deed of assignment and therefore transfer of debt to assignee — Law of Property Act 1925 (15 & 16 Geo 5, c 20), s 136
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Trusts and Chancery
In re Stay in Style (in liquidation) — [2021] Bus LR 577
BANKRUPTCY — Trustee in bankruptcy — Control by court — Property vesting in trustee in bankruptcy and liquidators following bankruptcy and liquidation — Adjacent land vesting in trustee — Trustee selling adjacent land to purchaser without notice to discharged bankrupt — Discharged bankrupts unsuccessfully bidding for liquidators’ interest in property — Trustee buying liquidators’ interest in property and selling on to purchaser — Whether discharged bankrupts as bankrupts or as bidders having standing to challenge transactions entered into by trustee — Whether discharged bankrupts in either capacity persons “dissatisfied” — Whether in either capacity having sufficient interest in relief sought to establish standing — Insolvency Act 1986 (c 45), ss 168(5), 303(1)
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McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd — [2021] WLR(D) 196
BARRISTER — Duty — Professional client — Solicitor instructing barrister on model terms drafted by the professional bodies — Solicitor suffering loss following barrister’s alleged negligence — Whether barrister owing solicitor contractual duty to exercise reasonable skill and care when providing services — Whether duty at common law — Combar CLLS Barrister’s Terms, art 4.1
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