May the Law be with you

Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another 10-Mar-20 CA
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent's policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .		Scott v LGBT Foundation Ltd 03-Mar-20 QBD
Disclosure of risk of self harm made no claim
The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr . .
Re Al M (Children) 28-Feb-20 CA
Publication of Children judgment - wide publicity
F brought wardship proceedings in respect of M and F's two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .		Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council 18-Feb-20 CA
Appropriation was not in sufficient form
The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.
Her Majesty's Attorney General v Akhter and Another 14-Feb-20 CA
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .		Walker v Wallem Shipmanagement Ltd and Another 16-Jan-20 EAT
Jurisdiction - Discrimination Claims
Jurisdictional Points - Working Outside The Jurisdiction
The employment tribunal had not erred in law by deciding that it had no power to entertain the claimant's claim for sex discrimination. The tribunal was correct to hold that the combined . .
Wright v Granath 16-Jan-20 QBD
Defamation across borders - Jurisdiction
The claimant began an action for defamation in an online publication. The Norwegian resident defendant had begun an action there seeking a declaration negating liability. The Court was now asked by the defendant whether under Lugano, the UK action . .		Walker v Wallem Shipmanagement Ltd and Another 16-Jan-20 EAT
Jurisdiction - Discrimination Claims
Jurisdictional Points - Working Outside The Jurisdiction
The employment tribunal had not erred in law by deciding that it had no power to entertain the claimant's claim for sex discrimination. The tribunal was correct to hold that the combined . .
Turley v Unite The Union and Another 19-Dec-19 QBD
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .		Young v Downey 18-Dec-19 QBD
Responsibility for IRA bombing fixed
The claimant sought a finding that the defendant had been responsible for a IRA bombing in 1982 which killed her father and three other soldiers and injured 31 others. He had been acquitted at a criminal trial.
Held: The limitation period was . .
Jones and Others v The Commissioner of Police for The Metropolis 06-Nov-19 Admn
Distributed Demonstration not within 1986 Act
The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate.
Held: The XRAU was not a public assembly at . .		The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd 23-Oct-19 SC
Limits on relief from forfeiture of land
In the context of land, equitable relief is only available for forfeiture of property rights, as opposed to a right to possession under a contract. . .
re Irish and Another 27-Sep-19 ChD
Presumption of Death - Expedited Hearings
A declaration was sought under the 2013 Act. Although the Act requires a compulsory directions hearing and a separate disposal hearing, where the procedural steps as to advertisement and notifications had been complied with, and no person had come . .		Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate 24-Sep-19 SC
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General 11-Sep-19 SCS
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .		Miller, Regina (On the Application Of) v The Prime Minister 11-Sep-19 QBD
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: 'the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
E and O Laboratories v Miller (Right of A Witness To Be Present) 21-Aug-19 EAT
Presence of witness at hearing - Scots practice
The Employment Appeal Tribunal considered an appeal where a claim had been struck out because the Appellants' witnesses had sat in during the evidence. The EAT concluded that notwithstanding Scottish practice, the terms of Rule 43 of the Employment . .

Leave a Reply