This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here.
R v Barts Health NHS Trust 06-Jan-22 SCCO Senior Solicitor still proper when Counsel used The defendant Trust argued that it had been no longer necessary to employ a senior specialist solicitor to manage a professional negligence claim once counsel had been instructed, and that the 'baton of responsibility and importance to the claimant' . . | |
Tulip Trading Ltd v Bitcoin Association for BSV and Others 05-Jan-22 ChD Security required for Bitcoin claim Two applications for security for costs. The claimant claimed against fifteen overseas residents requiring a re-write of cryotocurrency systems so that he could recover sums he said were due to him in respect of Bitcoin assets which he said have . . | AAR (OLF - MB Confirmed) Ethiopia (CG) 29-Dec-21 UTIAC General application of country guidance Country guidance: OLF members and sympathisers (supporters) (1) MB (OLF and MTA - risk) Ethiopia CG [2007] UKAIT 00030 still accurately reflects the situation facing members and supporters of the OLF if returned to Ethiopia. However, in . . |
Miller v The College of Policing 20-Dec-21 CA Hate-Incident Guidance Inflexible and Unlawful The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . . | United States of America v Assange 10-Dec-21 Admn Late evidence from requesting state was admissible The USA sought A's extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates' Court . . |
Bowen and Others v Isle of Wight Council 03-Dec-21 ChD What makes a road a Road? The Court was asked whether a Road was a 'road' for the purposes of the 1984 Act' Held: It has often been said that the public access mentioned in the definition of 'road' must be both actual access and legal or lawful access. However, simple . . | Hovis Ltd v Louton 22-Nov-21 EAT Hearsay Evidence Must be Considered The claimant in the employment tribunal worked for the respondent as a delivery lorry driver. A manager, Mr S, reported that, when driving his car on the motorway, accompanied by his wife, both of them had seen the claimant driving his van on the . . |
National Highways Ltd v Heyatawin and Others 17-Nov-21 QBD The court considered allegations of contempt of court by protesters disobeying court injunctions. Held: The allegations were variously proved, and indeed were largely uncontested. Sentences of imprisonment were imposed ranging up to 6 months: . . | MG v AR 16-Nov-21 FD Family Case: Costs Security depends on Case Merits Application for security for costs in family cases. Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by . . |
Money v AB 10-Nov-21 ChD Anonymity - balance in favour of open justice Ruling on an application by the Defendant for anonymity. Held: Refused: 'The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do . . | Lloyd v Google LLC 10-Nov-21 SC No damages for Loss of Control of Data The respondent has issued a claim alleging that the appellant ('Google') has breached its duties as a data controller under the DPA to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use . . |
Money v AB 10-Nov-21 ChD Anonymity - balance in favour of open justice Ruling on an application by the Defendant for anonymity. Held: Refused: 'The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do . . | Google and Alphabet v Commission (Google Shopping) (Competition - Abuse of Dominant Position - Online General Search Services and Specialised Product Search Services - Judgment) 10-Nov-21 ECFI Search Engine Leveraging Abuse Competition - Abuse of dominant position - Online general search services and specialised product search services - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Leveraging abuse - Competition on the . . |
Lloyd v Google LLC 10-Nov-21 SC No damages for Loss of Control of Data The respondent has issued a claim alleging that the appellant ('Google') has breached its duties as a data controller under the DPA to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use . . | Stuart Delivery Ltd v Augustine 19-Oct-21 CA Obligation to Perfom Work Personally was Critical This appeal concerns the status of a courier delivering goods by moped. The question on the appeal is whether an employment tribunal was entitled to find that the claimant, Mr Augustine, was a worker within the meaning of section 230(3)(b) of the . . |
Ovu v London Underground Ltd (Duty of Care) 13-Oct-21 QBD Safety of Stairs within Undergrounds Care of duty The Claimant sued the London Underground company because their relative Mr Ovu died after falling down stairs on a fire escape. It was late at night and he wandered on his own on a cold night, outdoors, onto the stairs. The staircase was in good . . | A v Burke and Hare (Practice and Procedure - Anonymity) 13-Oct-21 EAT Possible Stigmatisation not enough for Anonymity In this claim A sought an anonymity order. She had worked as a stripper and did not wish her name to be published in any judgement dealing with her claim for holiday pay arising from her work as a stripper. Held that the principle of open justice . . |
References (Bills) By The Attorney General and The Advocate General for Scotland - United Nations Convention On The Rights of The Child and European Charter of Local Self-Government 06-Oct-21 SC Scots Bills were Outwith Parliament's Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland . . | Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care 23-Sep-21 Admn Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights ('ECHR'), as well as some other remedies. The claimant had Down's Syndrome, and complained the . . |
Thaler v Comptroller General of Patents Trade Marks and Designs 21-Sep-21 CA AI created Invention is not Patentable The case appears to be about artificial intelligence and whether AI-based machines can make patentable inventions - correct processing of application Held: The appeal failed. On the face of the Form 7s he filed, Dr Thaler did not comply with . . | Will of His Late Royal Highness The Prince Philip, Duke of Edinburgh, Re The 16-Sep-21 FD Publication and Admission of Will The will of the late HRH the Prince Phillip was admitted to Probate, but a copy was sealed and not to be published, nor the value of the estate. The court took the opportunity to set out the basis for this practice . . |
TYU v ILA SPA Ltd 16-Sep-21 EAT Third Party Anonymity Order rights before ET The Appellant appealed the refusal of her application under Rule 50 of the Employment Tribunal Rules of Procedure 2013 for an order that her name be redacted or anonymised in an earlier judgment in unfair and wrongful dismissal proceedings brought . . | Yorston and Others, Re (Matrimonial Causes Act 1973: Improper Petitions) 10-Sep-21 FC Petitions with Identical Particulars Dismissed 28 divorce petitions had particulars including the exact same form of words for the allegations. The court could not accept that the behaviour had been identical and concluded that the petitions were improper. Held: The petitions were . . |
MBC v AM and Others (DOL Orders for Children Under 16) 08-Sep-21 FD Child Care in Unregistered Accomodation 'four cases which give rise to the same question of law in the context of the coming into force on 9 September 2021 of the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, which statutory instrument amends the Care . . | Ciceri (Deprivation of Citizenship Appeals: Principles) Albania 08-Sep-21 UTIAC Deprivation of Citizenship Principles on Appeal Following KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483, Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884, Hysaj (deprivation of citizenship: delay) [2020] UKUT 128 (IAC), R (Begum) v Special . . |
Vodafone (Electronic Communications - End Users' Rights - Judgment) 02-Sep-21 ECJ Management of Internet User Agreements Reference for a preliminary ruling - Electronic communications - Regulation (EU) 2015/2120 - Article 3 - Open internet access - Article 3(1) - End users' rights - Article 3(2) - Prohibition of agreements and commercial practices limiting the . . | Chilvers, Regina v 27-Aug-21 CACD Brown directions Rarely Required The defendant appealed saying that a Brown direction should have been given. Held: Brown directions were required in fairly rare situations. When the individual particulars were not said to be coterminous with an essential element or . . |
Jones and Another v Lydon and Others 23-Aug-21 ChD No Estoppels Established to Override Majority The parties were former members of a band, the Sex Pistols. They disputed the continued duty to accept the decision of the majority of its members as set out in a Band Membership Agreement. Mr Lydon asserted that over the years the obligation had . . | Fallahi v TWI Ltd (Unfair Dismissal) 17-Aug-21 EAT 'Manifestly Inapproproiate' is a general Test The Appellant was employed as Senior Project Leader - Technology. The Respondent raised issues about his performance. On 26 January 2016 an informal performance management process commenced and objectives were set, with targets to be measured in . . |
The Department for Communities v Cox 03-Aug-21 CANI PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who . . | Ekweozoh v London Borough of Redbridge 29-Jul-21 UTLC Housing - Civil Penalty - Selective Licencing Selective licencing - local housing authority's policy always to try to resolve issues informally before resorting to enforcement action - property managed by agent on behalf of landlord resident abroad - landlord unaware of need for licensing - . . |
MacDonald v Animal Plant and Health Agency 29-Jul-21 QBD Alpaca Destruction order was lawful and Fair Appeal by way of case stated against the decision of District Judge (Magistrates Court) Layton on 4 May 2021 sitting at Bristol Magistrates Court to grant a warrant to the respondent to enter a farm in Wooton-under-Edge, Gloucestershire, and remove . . | Rowley, Regina (on The Application of) v Minister for The Cabinet Office 28-Jul-21 Admn Failure to Provide Signers was Discriminatory The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the . . |
Hijazi v Yaxley-Lennon (Orse Tommy Robinson) 22-Jul-21 QBD No Valid Evidence to Support Serious Accusations The claimant was filmed being assaulted in the school playground. The film was published on the internet, and the defendant right wing politician re-published it, but falsely said that the claimant had himself been violent. Held: The . . | Dixon Coles and Gill (A Former Firm) v Baines, Bishop of Leeds and Another 20-Jul-21 CA Innocent Co-Trustee not Liable for Default Proceedings were brought by former clients against their former solicitors. One of the partners stole money held in the firm's client account on behalf of the claimants. The other two partners were entirely innocent of, and in no way implicated in, . . |
Fetch.AI Ltd and Another v Persons Unknown Category A and Others 15-Jul-21 ComC Cryptocurrency Action The claimants sought damages and other remedies saying that the unknown defendants had obtained access to the private key guarding their crypto currency assets, and then sold them at an undervalue, acquiring substantial profits for themselves in . . | Goknur v Aytacli 13-Jul-21 CA Third Party Costs - Director of Insolvent Company (Organic Village) The Court considered the circumstances Limited in which a director and shareholder of an insolvent company may be personally liable for some or all of that company's costs liabilities incurred in unsuccessful litigation, pursuant . . |
Greenstein v Campaign Against Antisemitism 09-Jul-21 CA Failure to plead decisive malice allegation Appeal by the claimant against an order following a judgment striking out particulars of malice pleaded in the amended reply, among other determinations. Judgment was then entered in favour of the Campaign Against Antisemitsm in respect of a claim . . | Secretary of State for Justice v Plaistow 06-Jul-21 EAT Sexual orientation discrimination - victimisation Sexual orientation discrimination - victimisation - unfair dismissal - compensation Practice and procedure - costs Having upheld the Claimant's claims of direct sexual orientation discrimination, of harassment related to sexual . . |
Secretary of State for Health and Another v Servier Laboratories Ltd and Others 02-Jul-21 SC Economic tort of causing loss by unlawful means The Court was asked whether the 'dealing requirement' is a constituent part of the tort of causing loss by unlawful means; whether a necessary element of the unlawful means tort is that the unlawful means should have affected the third party's . . | FDJ, Regina (on The Application of) v Secretary of State for Justice 02-Jul-21 Admn Transgendered Prisoners Policy Challenge The Claimant challenged the lawfulness of the Defendant's policies relating to the care and management within the prison estate of persons who identify as the opposite gender from that which was assigned to them at birth. In particular, she . . |
University Hospital North Tees and Hartlepool NHS Foundation Trust v Fairhall 30-Jun-21 EAT Whistleblowing, Protected Disclosures The claimant made a number of protected disclosures, after which she informed the respondent that she intended to invoke the formal whistle blowing policy. The claimant was then suspended, subject to disciplinary investigation (during which she . . | Zaman v Revenue and Customs 24-Jun-21 FTTTx Value Added Tax - Penalty for Inaccuracy VALUE ADDED TAX - Schedule 24 Finance Act 2007 - penalty for inaccuracy in VAT returns - personal liability notice on director - was there an inaccuracy in the VAT returns? - company buying and selling of alcohol held in warehouses in France and . . |
Emuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure) 22-Jun-21 EAT Response Properly Struck Out - Non-compliance On the first day of a five-day hearing to consider the Claimant's claims of unfair dismissal, wrongful dismissal and holiday pay, the Tribunal struck out the Respondents' Response for failing to comply with the Tribunal's orders. Those failures . . | Edward Williams v Information Commissioner;, Chief Constable of Kent Police (Information Rights) 21-Jun-21 UTAA Information Rights Section 30(1)(a)(i) of Freedom of Information Act - exemption from disclosure for information held for the purpose of a criminal investigation (ascertaining whether a person should be charged with a criminal offence) - Schedule 7 to the Terrorism . . |
Macom Gmbh v Bozeat and Others 21-Jun-21 ChD Order regulating company's affairs COMPANY - Unfair prejudice - Petitioner 60% shareholder - Respondents 40% shareholders - Alleged breaches of director's duties and failures to observe Shareholders' Agreement - Undermining company's corporate governance - Appropriate remedy - . . | Forstater v CGD Europe and Others 10-Jun-21 EAT Religion or Belief Discrimination The Claimant holds gender-critical beliefs, which include the belief that sex is immutable and not to be conflated with gender identity. She engaged in debates on social media about gender identity issues, and in doing so made some remarks which . . |