Employment
Efobi v Royal Mail Group Ltd — [2019] WLR(D) 34
DISCRIMINATION — Race — Burden of proof — Academically qualified claimant making numerous unsuccessful job applications to employer — Claim of discrimination on ground of race — Whether claimant required to prove facts from which inference of discrimination possible — Equality Act 2010 (c 15), s 136(2)
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Civil litigation
Société Generale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS — [2019] 1 WLR 346
INJUNCTION — Freezing order — Undertaking as to damages — Freezing order discharged eight years after service of claim forms disputed — Defendants seeking inquiry as to damages — Whether delay rendering inquiry inappropriate
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Civil litigation
Sheffield City Council v Brooke — [2019] QB 48
CONTEMPT OF COURT — Committal order — Civil contempt — Defence of another — Application for committal of defendant protester for breach of undertaking not to enter safety zones erected around trees intended for felling — Defendant claiming to have entered safety zone to defend another protester being assaulted by security staff — Whether defence to committal proceedings — Whether defendant to establish both genuine and reasonable belief that action in defence of another necessary — Whether defence precluded where police officers present
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Tort
R (Jollah) v Secretary of State for the Home Department — [2019] 1 WLR 394
IMMIGRATION — Deportation — Restriction pending deportation — Secretary of State unlawfully imposing curfew restriction on claimant — Whether curfew constituting false imprisonment
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Civil litigation
General Dynamics United Kingdom Ltd v State of Libya — [2019] WLR(D) 30
ARBITRATION — Award — Enforcement — Claimant obtaining New York Convention arbitration award against defendant foreign state — Claimant applying without notice to English court to enforce award — Judge entering judgment in terms of award and dispensing with service of arbitration claim form and order — State applying to set aside order enforcing award and dispensing with service on ground special requirements applicable to foreign states obliging service through Foreign and Commonwealth office on state’s ministry of foreign affairs — Whether special service requirements applicable — Whether permissible to dispense with service — Whether judge’s order to be set aside — Whether award to be enforced — State Immunity Act 1978 (c 33), s 12 — Arbitration Act 1996 (c 23), s 101 — CPR rr 6.16, 6.28, 62.18
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Commercial
Walbusch Walter Busch GmbH & Co KG v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV — [2019] WLR(D) 35
FAIR TRADING — Consumer protection — Distance and off-premises contracts — Brochure inserted in periodical — Mail order coupon containing hyperlink referring to information on right of withdrawal — Whether contract concluded through distance communication — Scope of obligation to provide information on right of withdrawal — Parliament and Council Directive 2011/83/EU, arts 6(1)(h), 8(4)
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Commercial
Hardy Exploration & Production (India) Inc v Government of India (India Infrastructure Finance Co (UK) Ltd, third party) — [2019] 2 WLR 159
EXECUTION — Third party debt proceedings — Jurisdiction to make order — Claimant obtaining arbitration award against defendant foreign government — Enforcement of award in England opposed by defendant — Court making interim third party debt order in respect of debt owed to defendant by English company under agreements subject to jurisdiction of Indian courts — Third party applying for discharge of interim order on ground that English court lacking jurisdiction in respect of debt situated in India — Test for situs of third party debt — Whether court having jurisdiction to make third party debt order — Whether interim order to be discharged — CPR Pt 72
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Commercial
In re Victory House General Partner Ltd — [2019] Ch 1
INSOLVENCY — Winding up — Petition — Petitioner seeking winding up of company on basis of judgment debt — Company having cross-claim in excess of debt — Whether cross-claim making it inappropriate to wind up company — Whether special circumstances justifying departure from general rule
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Commercial
R (Gallaher Group Ltd) v Competition and Markets Authority — [2019] AC 96
COMPETITION — Breach of competition law — Penalty — Defendant competition authority investigating practices of producers and retailers of tobacco products — Claimants and third party retailer entering into early resolution agreements accepting liability for infringements in return for reduced financial penalties — Defendant giving assurances to third party retailer that penalties would be refunded should appeals by other parties be allowed — Claimants not receiving similar assurances — Defendant honouring assurances to third party retailer following successful appeals — Defendant refusing to refund penalties paid by claimants — Whether inequality of treatment and unfairness grounds for review of defendant’s decision — Whether unequal treatment irrational
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Crime
R (KBR Inc) v Director of the Serious Fraud Office — [2019] 2 WLR 267
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 Tunstill (Rachel) — [2019] 1 WLR 416
CRIME — Homicide — Infanticide — Defendant suffering mental disorder killing baby soon after giving birth — Judge ruling balance of defendant’s mind disturbed by “other circumstances” namely pre-existing mental disorder exacerbated by circumstances of birth — Judge rejecting infanticide as alternative verdict — Defendant convicted of murder — Whether effects of birth required to be sole cause of disturbance of balance of mind for infanticide verdict — Infanticide Act 1938 (c 36), s 1(1) (as amended by Coroners and Justice Act 2009 (c 25), s 57(2)(a)(b))
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Crime
Shepherd v Information Comr — [2019] WLR(D) 32
DATA PROTECTION — Personal data — Unlawfully obtaining — Data controller terminating agreement with tenancy management organisation employing defendant — Defendant dismissed and made subject of safeguarding investigation by data controller — Defendant e-mailing leaked confidential report to councillors, MP and local safeguarding agency — Whether right in law to disclose data in report — Whether burden of proof on defendant legal or evidential — Data Protection Act 1998 (c 29), s 55(2)(b)(c)(d) (as repealed by Data Protection Act 2018 (c 12(1), Sch 19, para 44)) — Data Protection Act 2018 (c 12), s 170(2)
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Crime
R v Stromberg — [2019] QB 14
CRIME — Court of Appeal, Criminal Division — — Jurisdiction — Order of venire de novo — Whether application for order of venire de novo could be made on freestanding basis — Senior Courts Act 1981 (c 54), s 53(2)
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Crime
R v M (B) — [2019] QB 1
CRIME — Assault — Consent — Tattooist adding “body modification” to his services — Body modification, including removal of body parts, undertaken without medical training or regulation — Defendant charged with offences of wounding with intent to do grievous bodily harm — Whether victim's consent providing a defence— — Offences against the Person Act 1861, s 18
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Crime
R v Darroux — [2019] QB 33
CRIME — Theft — Dishonest appropriation — Defendant submitting falsely inflated claims for overtime and thereby receiving payments into bank account to which she was not entitled — Defendant not signatory to bank account nor empowered to give instructions to bank — Whether appropriation of relevant chose in action — Theft Act 1968 (c 60), ss 1(1), 3
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Crime
R v H — [2019] WLR(D) 29
CRIME — Evidence — Fresh evidence — Disclosure — Proper approach to ancillary applications — Proper approach to fresh evidence adduced by Crown — Whether discussion with defendant during welfare visit to prison by council youth offending service privileged — Whether analogous to admission made in preparation for pre-sentence report in Crown Court — Criminal Appeal Act 1968 (c 19), s 23 (as substituted by Criminal Appeal Act 1995 (c 35), Pt 1, s 4(1)(a)(b), Sch 2, para 4(3))
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Crime
R v Scott (Keith) — [2019] WLR(D) 27
PLANNING — Enforcement notice — Breach — First defendant appealing against enforcement notice — First defendant withdrawing appeal on basis of possible issue of certificate for existing development which could not be issued while appeal pending — Application for certificate refused because of existence of enforcement notice — Prosecution proceedings issued with possibility of proceedings under Proceeds of Crime Act being considered — Whether decision to prosecute constituting abuse of process — Whether first defendant induced to withdraw appeal against enforcement notice
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Employment
J v K (Equality and Human Rights Commission intervening) — [2019] WLR(D) 33
EMPLOYMENT APPEAL TRIBUNAL — Appeal — Extension of time — Claimant sending e-mail attaching appeal notice and documents five minutes before statutory deadline — Communication failing because attachment too large for EAT server — Appeal re-sent but treated as received out of time — Application for extension refused — Whether claimant should reasonably expect EAT server to be able to accommodate appeal documents — Whether judge erring in failing to extend time for service — Guidance to make claimants better aware of limit on server — General approach to the relevance of mental ill health in cases of failure to institute appeal in time — Employment Appeal Tribunal Rules 1993 (SI 1993/2854) (as amended by Employment Appeal Tribunal (Amendment) Rules 2001 (SI 2001/1128), r 13, Employment Appeal Tribunal (Amendment) Rules 2004 (SI 2004/2526), r 23(1)), rr 3(1)(a), 37(1A))
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Employment
Universities Superannuation Scheme Ltd v Scragg — [2019] WLR(D) 28
PENSIONS — Universities’ pension scheme — Incapacity pension — Employee’s application for incapacity retirement rejected by trustee company of pension scheme — Pensions Ombudsman determining trustee company’s duty limited to determining type of incapacity suffered by member rather than whether incapacity suffered at all — Trustee company appealing — Whether trustee company able to determine for itself whether member suffering from total, partial or no incapacity at all — Whether ombudsman erring
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Employment
Awan v ICTS UK Ltd — [2019] WLR(D) 24
EMPLOYMENT — Unfair dismissal — Claimant disabled and entitled to long-term disability benefits while employed — Claimant dismissed for permanent incapability — Whether implied term in contract of employment restricting power to dismiss
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Employment
Farmah v Birmingham City Council — [2019] WLR(D) 25
INDUSTRIAL RELATIONS — Employment tribunals — Multiple claims — Equal pay claims included in single claim form — Permissible where claims based on same set of facts — Whether claims based on same facts irregular if included in form with non-complying claims — Whether discretion to waive irregularity — Relevant considerations where irregularity resulting in underpayment of tribunal fees — Equality Act 2010 (c 15), s 66 — Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), Sch 1 , rr 6 , 9
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Asda Stores Ltd v Brierley —
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European Union
X v Staatssecretaris van Veiligheid en Justitie — [2019] 1 WLR 279
EUROPEAN UNION — Immigration — Asylum — Determining member state responsible for examining application for international protection made by third-country national — Prior international protection procedure ongoing in one member state — New application in another member state — Take-back request not made within prescribed periods — Surrender of applicant for criminal prosecution — Parliament and Council Regulation (EU) No 604/2013, arts 17(1), 18(2), 23, 24
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Family
A Local Authority v X — [2019] 2 WLR 202
CHILDREN — Care proceedings — Jurisdiction — Care proceedings brought against children of member of staff at foreign High Commission — Children placed with foster carers and made subject to interim care orders — Whether diplomatic privileges and immunities barring public law proceedings in respect of children — Whether children losing diplomatic immunities by reason of interim care orders or short-term foster placement — Whether court having jurisdiction to make final care orders — Diplomatic Privileges Act 1964 (c 81), Sch 1, art 37(2)
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Family
In re G (Children) (Jurisdiction: Presence in England and Wales) — [2019] Fam 1
CHILDREN — Orders with respect to children — Prohibited steps order — Prohibited steps order preventing mother returning from England to Canada with children — Order discharged on basis children not habitually resident in England and Wales and Canadian courts having jurisdiction — Whether presence of children in England conferring jurisdiction under Council Regulation if rival jurisdiction not member state — Whether residual jurisdiction under national law if Council Regulation not engaged — Family Law Act 1986 (c 55) (as amended by European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), reg 1(2), Sch, para 5(b) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 2(1)(b), 3(1) — Council Regulation (EC) No 2201/2003, arts 8, 13, 14
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Family
In re C (Children) (Abduction: Rights of Custody) (International Centre for Family Law, Policy and Practice intervening) — [2019] AC 1
CHILDREN — Custody rights — Breach — Mother taking children from Australia to England for temporary period with father’s agreement — Mother failing to return children at end of temporary period — Judge refusing to return children on grounds habitually resident in England when wrongful retention occurring at end of temporary period — Whether possible for child to be wrongfully retained prior to end of agreed period of temporary absence — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12
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IP and Media
Bokova v Associated Newspapers Ltd — [2019] 2 WLR 232
DEFAMATION — Libel — Meaning of words — Claimant bringing libel proceedings in respect of news articles — Defendant relying on defence of truth — Preliminary ruling as to meaning of articles — Defendant amending defence to alter meanings it sought to prove true and related particulars of truth — Whether entitled to plead meanings at variance with meaning found by court on preliminary ruling — Whether entitled to add further meaning as “common sting” of articles — Defamation Act 2013 (c 26), s 2
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IP and Media
Campbell v Secretary of State for Northern Ireland — [2019] WLR(D) 31
DATA PROTECTION — Personal data — Access to — Individual making subject access request for access to official records relating to him — Secretary of State certifying that exemption from usual data protection rights required for purpose of safeguarding national security — Individual lodging appeal against national security certificate but dying before appeal heard — Whether statutory data rights surviving individual’s death — Whether individual’s widow entitled to continue appeal — Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937(c 9) , s 14 — Data Protection Act 1998 (c 29) (as amended by Freedom of Information Act 2000 (c 36), s 69(1), Sch 6, para 1 and Secretary of State for Constitutional Affairs Order 2003 (SI 2003/1887), Sch 2, para 9(1)(a)), ss 1(1), 7, 28(2)(4)
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Land law
Southwark London Borough Council v Transport for London — [2019] PTSR 1
HIGHWAY — Duty to maintain highway — Highway authority — Secondary legislation transferring “highway” from former highway authority to new highway authority — Whether entire interest in land transferred or only surface of highway and sufficient subsoil necessary for surface maintenance — Highways Act 1980 (c 66) (as amended by Greater London Authority Act 1999 (c 29), ss 259(2), 260), ss 1(2A), 14A, 263, 265 — GLA Roads and Side Roads (Transfer of Property etc) Order 2000 (SI 2000/1552), art 2(1)
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Public law
In re UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill — [2019] 2 WLR 1
DEVOLUTION — Scotland — Devolution issue — Bill of Scottish Parliament — Competence — Bill making provision for devolved Scots law after United Kingdom withdrawal from European Union — Whether within legislative competence of Scottish Parliament — Scotland Act 1998 (c 46) (as amended by European Union (Withdrawal) Act 2018 (c 16), s 25(1)(b), Sch 3, para 21(2)(b)), ss 28(1)(7), 29(1)(2), 33(1), Sch 4, paras 1, 4(1), Sch 5, Pt 1, paras 1, 7
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Public law
R (Jewish Rights Watch (t/a Jewish Human Rights Watch)) v Leicester City Council — [2017] PTSR 1433
Local Government — Powers — Exercise — Public sector equality duty — Councils passing resolutions expressing criticism of state of Israel and advocating trade embargoes — Whether councils failing to have due regard to public sector equality duty in adopting resolutions — Whether adoption of resolutions contrary to public authorities’ statutory duties in exercise of public functions in relation to public supply or works contracts — Whether resolutions lawfully adopted — Local Government Act 1988 (c 9), s 17 (as amended by Equality Act 2010 (c 15), s 211, Sch 26, Pt 1, para 10(b)) — Equality Act 2010, s 149
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Public law
R (Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government — [2019] 1 WLR 376
PENSIONS — Pension scheme — Local government pension scheme — Secretary of State publishing statutory guidance prohibiting authorities from using pension policies for foreign or defence affairs purposes — Whether legislation permitting wider considerations of public interest to be taken into account when formulating guidance — Whether guidance lawful — Whether imposing requirement of prior approval contrary to Directive — Public Service Pensions Act 2013 (c 25) — Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016 (SI 2016/946) — Parliament and Council Directive 2003/41/EC, art 18(4)
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Public law
Macastena v Secretary of State for the Home Department — [2019] 1 WLR 365
EUROPEAN UNION — Freedom of movement — Right to reside — Non-EEA national cohabiting with EEA national in United Kingdom before marrying but never applying for residence card as extended family member of EEA national on basis of durable relationship — Whether non-EEA national having acquired permanent right of residence in United Kingdom through five years’ continuous lawful residence — Whether entitled to rely on time spent in durable relationship to meet requirement of five years’ continuous lawful residence — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), regs 8(5), 15(1), 17(4)(5)
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Public law
General Medical Council v Raychaudhuri — [2019] 1 WLR 324
MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal — Tribunal finding that doctor’s fitness to practise not impaired — Whether High Court having jurisdiction to entertain General Medical Council’s appeal against such finding — Proper approach to question of dishonesty on part of medical practitioner — Medical Act 1983 (c 54), ss 35D, 40A (as inserted by Medical Act 1983 (Amendment) Order 2002 (SI 2002/3135), art 13 and amended by General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (SI 2015/794), arts 5, 17(1))
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Public law
R (AB) v Secretary of State for Justice (Equality and Human Rights Commission intervening) — [2019] WLR(D) 26
PRISON — Prisoner’s rights — Removal from association — Young offender removed from association with other prisoners by reason of behaviour — Whether inhuman or degrading treatment in breach of Convention rights — Whether lawful — Human Rights Act 1998 (c 42), Sch 1, Pt I , arts 3, 8 — Young Offender Institution Rules (SI 2000/3371)
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Trusts and Chancery
Heis v Financial Services Compensation Scheme Ltd — [2019] Bus LR 1
INSOLVENCY — Administrator — Challenge to administrator’s conduct — Court’s jurisdiction to grant relief where administrator’s conduct unfairly harming creditor’s interests — Guidance as to exercise of jurisdiction — Whether relief to be granted — Insolvency Act 1986 (c 45), Sch B1, para 74(1) (inserted by Enterprise Act 2002 (c 40), s 248, Sch 16)
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Trusts and Chancery
Heis v Financial Services Compensation Scheme Ltd — [2019] Bus LR 40
INSOLVENCY — Company voluntary arrangement — Construction — Purported creditor submitting substantial disputed claim prior to implementation of arrangement — Whether administrators to confirm that voluntary arrangement not precluded by disputed claim — Nature of judgment to be made by administrators
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Trusts and Chancery
Airways Pension Scheme Trustee Ltd v Fielder — [2019] WLR(D) 19
TRUSTS — Pension scheme — Pre-emptive costs order — Internal trust proceedings concerning proper interpretation of pension scheme trust deed — Court of Appeal judgment adverse to trustee of scheme — Trustee appealing to Supreme Court — Whether trustee entitled to be indemnified from scheme funds for costs of appealing
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