Civil litigation
Corbiere Ltd v Xu — [2018] 4 WLR 125
CONTEMPT OF COURT — Sentence — Civil contempt — Defendant taking highly sensitive commercial information from former employer — Defendant breaching serious crime prevention order requiring him to disclose location of confidential information and order made in civil proceedings in similar terms — Judge sentencing defendant to 13 months’ imprisonment for contempt of civil order with 12 months being coercive element — Whether any purpose in making coercive order — Whether sufficient evidence of harm where former employer’s financial loss unquantifiable — Whether judge failing to take account of public interest in defendant’s deportation
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Civil litigation
Euroeco Fuels (Poland) Ltd v Szczecin and Swinoujscie Seaports Authority — [2018] WLR(D) 559
CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Libel action — Defendants commencing nuisance proceedings against claimants in Poland — Claimants subsequently commencing libel proceedings against defendants in England in relation to statements made in to Polish media — Whether English court having jurisdiction to determine libel claim — Whether court to exercise discretionary power to decline jurisdiction — Parliament and Council Regulation (EU) No 1215/2012, arts 7(2), 30(1(2)
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Commercial
SAW (SW) 2010 Ltd v Wilson — [2018] 1 WLR 4105
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Crime
R (KBR Inc) v Director of the Serious Fraud Office — [2018] WLR(D) 562
COMPANY — Fraud — Investigation — Statutory provision empowering Serious Fraud Office to require production of documents held outside jurisdiction for fraud investigation — Whether having extraterritorial application in respect of foreign company — Criminal Justice Act 1987 (c 38), s 2(3)
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Crime
R v Electricity North West Ltd — [2018] WLR(D) 561
HEALTH AND SAFETY — Statutory offence — Employer’s liability — Linesman killed carrying out work at height for defendant — Defendant convicted of failing to ensure work at height properly planned — Defendant acquitted of failing to ensure health, safety and welfare of deceased linesman while working at height and to ensure suitable and sufficient risk assessment — Whether verdicts inconsistent — Work at Height Regulations 2005 (SI 2005/735), reg 4(1) — Health and Safety at Work etc Act 1974 (c 37), s 33(1)(c)
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Crime
R (Hayes) v Crown Prosecution Service — [2018] 1 WLR 4106
CRIME — Practice — Prosecution of offences — Claimant commencing private prosecution against interested party — Crown Prosecution Service taking over case and offering no evidence — Claimant requesting review of decision under Victims’ Right to Review scheme — Crown Prosecution Service refusing to review decision until after conclusion of prosecution in line with stated policy — Whether Crown Prosecution Service unlawfully applying inflexible policy — Whether Right to Review guidance unlawful
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European Union
Tarragó da Silveira v Massa Insolvente da Espírito Santo Financial Group SA — [2018] 1 WLR 4148
INSOLVENCY — International jurisdiction — European Union — Contract for provision of services — Claimant commencing debt recovery action in Portugal — Luxembourg court declaring defendant company insolvent during proceedings — Whether court of member state in which lawsuit pending determining lawsuits concerning obligation of monetary nature — Council Regulation (EC) No 1346/2000, art 15
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European Union
Gubeladze v Secretary of State for Work and Pensions — [2018] 1 WLR 4147
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European Union
Fileccia v Secretary of State for Work and Pensions — [2018] 1 WLR 4129
EUROPEAN UNION — Freedom of movement — Social security — Italian national residing in United Kingdom receiving state pension from France — National applying for carer’s allowance having been refused equivalent benefit by French authorities — Secretary of State refusing claim on grounds United Kingdom not competent member state for paying such benefit — Whether United Kingdom and France having “difference of views” about which institution should provide benefit thereby entitling claimant to provisional payment of benefits by Secretary of State — Whether formal decisions of member states required for there to be “difference of views” — Social Security Contributions and Benefits Act 1992 (c 4), s 70 — Parliament and Council Regulation (EC) No 883/2004, Title III, Ch 1 — Parliament and Council Regulation (EC) No 987/2009, art 6(2)
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Family
Practice Guidance (Children: Arbitration) — [2018] 1 WLR 4155
CHILDREN — Practice — Arbitrations regarding children issues — Post-separation private law disputes regarding welfare of children — Interface between Family Court and arbitrations conducted in accordance with law of England and Wales regarding children issues — Children Act 1989 (c 41) — Arbitration Act 1996 (c 23) — CPR Pt 62, Practice Direction 62 — FPR Pts 3, 12, Practice Directions 3A, 12B, 12J
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Public law
R (Citizens UK) v Secretary of State for the Home Department — [2018] 4 WLR 123
JUDICIAL REVIEW — Public authority — Proper approach to duty of candour in disclosure of documents and facts —
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Public law
R (Law Society) v Lord Chancellor — [2018] WLR(D) 560
JUDICIAL REVIEW — Practice — Evidence — Expert evidence — Claimant challenging lawfulness of decision on grounds of irrationality — Claimants seeking to rely upon expert evidence demonstrating technical flaws in analysis underlying defendant’s decision-making — Whether expert evidence admissible in judicial review proceedings — Whether evidence to be admitted — Procedure for admission of expert evidence in judicial review proceedings
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Public law
A NHS Trust v Y — [2018] 3 WLR 751
Mental disorder — Incapable person — Best interests — Incapacitated person in state of prolonged disorder of consciousness in hospital — Medical professionals and family agreed that clinically assisted nutrition and hydration should be withdrawn — Whether mandatory to seek order of Court of Protection to permit withdrawal of life-sustaining treatment
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Public law
R (R) v Chief Constable of Greater Manchester Police — [2018] 1 WLR 4079
CONFIDENTIAL INFORMATION — Disclosure — Police — Enhanced criminal record certificate — Claimant acquitted of rape allegedly committed when working as taxi driver — Claimant seeking to obtain or hold private hire driver’s licence — Duty of chief officer of police to disclose information he considered ought to be included in certificate relating to claimant’s suitability for position — Chief constable including in certificate information concerning acquittal of rape — Whether information relevant — Police Act 1997 (c 50), s 113B(3)(4) (inserted by Serious Organised Crime and Police Act 2005 (c 15), s 163(2)) — Police Act 1997 (Criminal Records) Regulations 2002 (SI 2002/233), reg 5A(zf) (inserted by Police Act 1997 (Criminal Records) (Amendment) Regulations 2006 (SI 2006/748), reg 2(b), Sch 1 and Police Act 1997 (Criminal Records) (Amendment No 2) Regulations 2014 (SI 2014/955), reg 2(2)(c))
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Tort
Ellis v Kelly (Ellis, third party) — [2018] 4 WLR 124
Damages — Contribution — Entitlement — Claimant child suffering severe brain injury when knocked down by car driven by defendant — Defendant admitting primary liability but alleging contributory negligence and seeking contribution from claimant’s mother for allowing claimant to go out without proper supervision — Whether contributory negligence on part of claimant — Whether appropriate to join parent for purpose of seeking contribution
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Tort
Various Claimants v Wm Morrison Supermarkets plc — [2018] 3 WLR 691
DATA PROTECTION — Personal data — Access to — Employee of defendant publishing personal details of claimant employees on internet — Whether defendant directly liable to claimants for breach of data protection legislation — Whether defendant vicariously liable for acts of employee — Data Protection Act 1998 (c 29), s 4(4), Sch 1 — Parliament and Council Directive 95/46/EC
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