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.

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 Not 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 (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 . .
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 . .
Lall, Regina v 19-Mar-21 CACD
Choice of mental Health Sentencing Options
On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting . .
Leigh and Others v Commissioner of The Police of The Metropolis and Another 12-Mar-21 Admn
No declaration to require police to allow vigil
The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights.
Uber Bv and Others v Aslam and Others 19-Feb-21 SC
Smartphone App Contractors were as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber's smartphone application work for Uber under workers' contracts and so qualify for the national minimum wage, paid annual . .
Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care 18-Feb-21 Admn
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
HRH The Duchess of Sussex v Associated Newspapers Ltd 11-Feb-21 ChD
Defence had no prospect of success - Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Hannah and Another v Revenue and Customs 02-Feb-21 UTTC
Effective Date of Transfer
SDLT - contract and conveyance - effective date of land transaction - contract provided for purchaser to grant an annuity - annuity held on trust for purchaser pending completion of contract - was contract substantially performed before completion? . .
Clientearth v EIB (Environment - Financing of A Biomass Power Generation Plant In Galicia - Judgment) 27-Jan-21 ECFI
Financing of A Biomass Power Generation Plant
Environment - Financing of a biomass power generation plant in Galicia - Resolution of the Board of Directors of the EIB approving the financing - Access to justice in environmental matters - Articles 9 and 10 of the Aarhus Convention - Articles 10 . .
Hamilton and Others v Post Office Ltd 15-Jan-21 CACD
Good Reason to Pursue Second Appeal
The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront . .
V v W 02-Dec-20 FC
FDR Appointment Must Remain Confidential
XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution . .
Francis, Regina (on The Application of) v The Secretary of State for Health and Social Care 01-Dec-20 Admn
Self-Isolation Regulations within SS powers
The claimant challenged the regulations requiring self-isolation following a positive test for Coronavirus.
Held: The request for judicial review was rejected. The term 'self-isolation' was not used in its general sense, but with the . .
Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another 01-Dec-20 CA
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a 'lockdown' in England. They . .
Francis, Regina (on The Application of) v The Secretary of State for Health and Social Care 01-Dec-20 Admn
Self-Isolation Regulations within SS powers
The claimant challenged the regulations requiring self-isolation following a positive test for Coronavirus.
Held: The request for judicial review was rejected. The term 'self-isolation' was not used in its general sense, but with the . .
Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another 01-Dec-20 CA
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a 'lockdown' in England. They . .
Wilson (NIAA Part 5A; Deportation Decisions) 25-Nov-20 UTIAC
Meaning of 'caused serious harm'
(A) section 117D(2)(b)(ii): 'caused serious harm'

The current case law on 'caused serious harm' for the purposes of the expression 'foreign criminal' in Part 5A of the 2002 Act can be summarised as follows:
(1) Whether P's offence . .
Wikingerhof GmbH and Co KG v Booking.com BV 24-Nov-20 ECJ
European Competition Law - Jurisdiction Choice
(Grand Chamber) Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Jurisdiction - Article 7, points 1 and 2 - Special jurisdiction in matters relating to tort, delict or quasi-delict - Action . .
VIP Communications Ltd (In Liquidation), Regina (on The Application of) v The Secretary of State for The Home Department 20-Nov-20 CA
Exemption Direction was Ultra Vires
The Direction sought to prevent Ofcom from introducing regulations which would have the effect of making it lawful to operate a species of GSM gateway known as a commercial multi-user gateway without a licence. GSM gateways are telecommunications . .
Hussain and Others v The London Borough of Waltham Forest 19-Nov-20 CA
Facts of Spent Conviction Admissible at Common Law
The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions.

Newest significant cases.