More Recent Cases

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.

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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 - . .
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 . .
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 . .
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 . .
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 . .
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 - . .
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 . .
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 . .
NB and Others, Regina (on The Application of) v Secretary of State for The Home Department 03-Jun-21 Admn
Housing Review Standard - EU rules still applied
The claimants challenged their housing as asylum seekers and victims of torture in former army barracks, saying that they were substandard. The Court was asked as to the correct method of review of adequacy after leaving the EU.
Held: The . .
Regina v Metcalf, Denton, Foster 26-May-21
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
DPP Law Ltd v Greenberg 07-May-21 CA
Respect for ET judgment where prriciples set out
The respondent solicitor, had unlawfully accepted a payment of cash from the father of a criminal Legal Aid client. The firm now appealed from a finding that he had been unlawfully dismissed for gross misconduct.
Held: The appeal succeeded: . .
Hamilton and Others v Post Office Ltd 23-Apr-21 CACD
Post Office Prosecutions were an abuse
This judgment concerns forty-two men and women who were employed by Post Office Limited as sub-postmasters, sub-postmistresses, managers or counter assistants. They were all prosecuted by their employer and convicted of crimes of dishonesty. Many . .
MAS Fabrics Hong Kong Ltd v Revenue and Customs 20-Apr-21 FTTTx
Property Bought By International Company)
Stamp Duty Land Tax - property bought by international company - solicitor calculated tax at 7% rate - HMRC opened enquiry - property occupied by non-qualifying individuals- solicitors eventually accepted 15% rate was correct - HMRC raised penalty . .
Jupiter Asset Management Group Limited v Revenue and Customs 09-Apr-21 FTTTx
Managment Services Made Between Two Vat Groups
VALUE ADDED TAX - supplies of management services made between two VAT groups within the same corporate group - whether supplies made at less than open market value - in the absence of comparable supplies, open market value was to be determined by . .
Green v Petfre (Gibraltar) Ltd (T/A Betfred) 07-Apr-21 QBD
Onerous Contract Terms Unclear - Not Incorporated
The claimant said that he had won a substantial sum on the online gaming platform operated by the defendants, but that they had refused to pay up. The defendants said that there had been a glitch in the game. The court faced a request for summary . .
Imam, Regina (on The Application of) v The London Borough of Croydon 26-Mar-21 Admn
Conditions for Anonymity Orders
The claimant sought judicial review of the Defendant's failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing . .
Imam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) 26-Mar-21 Admn
Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant's application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .

Newest significant cases.