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The Incorporated Council of Law Reporting for England and Wales
Weekly Case Law Update
Welcome to the email case law alert service from the Incorporated Council of Law Reporting for England and Wales. These alerts are issued weekly and provide you with an easy to digest snapshot of recently decided English cases. 

Civil litigation

Kliers v Schmerler — [2018] WLR(D) 550
PRACTICE — Defence — Debarring order — Defendant failing to comply with standard order for disclosure and debarred from defending claim — Whether defendant nevertheless entitled to cross-examine claimant and make further submissions


R v Okoro (No 3) — [2018] WLR(D) 552
CRIME — Child, indecent photographs of — Data on computer — Defendant receiving thousands of images on smartphone — Images including extreme pornographic videos saved into password protected vault application — Defendant contending unwilling recipient of images sent via WhatsApp — Defendant contending unaware of content until downloaded then deleted — Defendant relying on statutory defences — Whether defendant in “possession” of images — Criminal Justice Act 1988 (c 33), s 160(1)(2)(b)(c) (as amended by Sexual Offences Act 2003 (c 42), Sch 6, para 29(3) and Criminal Justice and Immigration Act 2008 (c 4), Sch 26(2), para 24) — Criminal Justice and Immigration Act 2008 (c 4), s 65(2)(b)(c)


In re W (A Child) — [2018] WLR(D) 551
CHILDREN — Custody rights — Breach — Whether High Court having jurisdiction to set aside final order made under the Hague Child Abduction Convention 1980 — Guidance as to application to set aside — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13(b) — Hague Convention on the Civil Aspects of International Child Abduction (1980)

Public law

R (Elmes) v Essex County Council — [2018] WLR(D) 546
PENSIONS — Pension scheme — Local government pension scheme — Claimant cohabiting with local government employee — Administering authority for pensions refusing to award survivor’s pension to claimant on death of employee on ground claimant not employee’s “nominated cohabiting partner” — Whether requirement for nomination of cohabiting partner incompatible with Convention rights — Whether administering authority required to disapply nomination requirement — Superannuation Act 1972 (c 11) (as amended by Public Service Pensions Act 2013 (c 25), Sch 8, para 8), ss 7, 12 (as amended by Public Service Pensions Act 2013 (c 25), Sch 8, para 8) — Human Rights Act 1998 (c 42), ss 3, 6(2)(b), Sch 1, Pt I, art 14, Pt II, art 1 — Local Government Pension Scheme (Benefits, Membership Contributions) Regulations 2007 (SI 2007/1166), regs 24, 25

Trusts and Chancery

Officeserve Technologies Ltd (in compulsory liquidation) v Annabel’s (Berkeley Square) Ltd — [2018] WLR(D) 549
INSOLVENCY — Winding up — Disposition of property — Company making payments to third parties after petition for liquidation and before entering into liquidation — Joint liquidators alleging that payments void — Juridical nature of liquidators’ claim — Defences available to recipients — Whether recipients liable to make restitution — Insolvency Act 1986 (c 45), s 127
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