Décisions de justice publiées par le cabinet
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Court of Appeal (Civil Division), 24 novembre 2023, n° [2023] EWCA Civ 1389
LORD JUSTICE COULSON: 1. Introduction 1. On 9 August 2023, HHJ Rawlings, sitting as a High Court Judge in the Birmingham District Registry (“the judge”) found, in the absence of...
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Court of Appeal (Civil Division), 22 novembre 2023, n° [2023] EWCA Civ 1379
LADY JUSTICE WHIPPLE: Introduction 1. This is an appeal against the determination of the Upper Tribunal (Immigration and Asylum Chamber) dated 23 May 2022 (Judge Leslie Smith). The Upper Tribunal...
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Court of Appeal (Civil Division), 22 novembre 2023, n° [2023] EWCA Civ 1377
Lord Justice Stuart-Smith Introduction 1. Between 1982 and 2020, when he was forced by ill-health to retire prematurely, Mr Holmes was a valued employee of the appellant, Poeton Holdings Ltd...
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High Court (Family Division), 22 novembre 2023, n° [2023] EWHC 3537 (Fam)
HIS HONOUR JUDGE STEVEN PARKER : 1. I am dealing with an application for summary return pursuant to the Hague Convention 1980 made by the father, represented by Mr Basi...
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Employment Appeal Tribunal, 22 novembre 2023, n° [2023] EAT 159
SUMMARY TOPICS: 30A:EMPLOYEE, WORKER OR SELF EMPLOYED 11:UNFAIR DISMISSAL The C worked for R between 1/3/18 and 30/4/20. She brought claims of unfair dismissal under sections 98 and 104 ERA,...
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First-tier Tribunal (Tax Chamber), 22 novembre 2023, n° [2023] UKFTT 995 (TC)
Introduction 1. This appeal concerns HM Revenue and Customs’ (HMRC) rejection of a claim to Annual Investment Allowances (AIA)made by Acorn Venture Ltd (Appellant) in respect of 26 camping pods...
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High Court (Administrative Court), 22 novembre 2023, n° [2023] EWHC 2937 (Admin)
FORDHAM J: Introduction 1. This is a case about the clawback of EU funding. The Claimant (Riverside) is what is known as the final beneficiary of part-funding under the European...
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High Court (King's Bench Division), 22 novembre 2023, n° [2023] EWHC 2961 (KB)
Mrs Justice May DBE: Introduction 1. This group litigation arises out of oil contamination affecting two distinct areas in the Niger Delta – the Bille and Ogale regions. The Claimants...
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First-tier Tribunal (General Regulatory Chamber), 22 novembre 2023, n° [2023] UKFTT 998 (GRC)
1. I decided on 24 July 2023 to grant the Respondent’s application to strike out the appeal on the grounds that there was no reasonable prospect of the appeal succeeding....
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First-tier Tribunal (General Regulatory Chamber) – Environment, 22 novembre 2023, n° [2023] UKFTT 1080 (GRC)
The Appeal 1. By notice of appeal dated 14 June 2023, the Appellant appeals pursuant to Schedule 5 against the Respondent’s imposition of a civil penalty of £44,725 by Notice...
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Court of Appeal (Civil Division), 22 novembre 2023, n° [2023] EWCA Civ 1378
Lord Justice Lewis: INTRODUCTION 1. This appeal concerns the proper interpretation of section 2(2) of the Freedom of Information Act 2000 (“FOIA”). Any person making a request for information to...
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High Court (Family Division), 22 novembre 2023, n° [2023] EWHC 2988 (Fam)
Mr James Ewins KC: 1. There is before me an application made on 21 March 2023 by the applicant, Monisha Mahtani, for an order that this court refuse to recognise...
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High Court (Property, Trusts and Probate List), 22 novembre 2023, n° [2023] EWHC 3241 (Ch)
Mr Justice Miles: 1. This is an application by Mr Friedlander against Ms Cheryl Plummer for a civil restraint order. The application has already been before the courts on three...
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Family Court, 22 novembre 2023, n° [2023] EWFC 306
MRS JUSTICE THEIS DBE: Introduction 1 I am giving this extempore judgment even though this is a case with a complex background as I am extremely conscious of the fact...
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High Court (King's Bench Division), 22 novembre 2023, n° [2023] EWHC 2970 (KB)
His Honour Judge Robinson: Introduction 1. On 20 February 2020 I gave judgment on the preliminary issue of liability in this case. The relevant facts can be shortly stated. At...
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High Court (King's Bench Division), 22 novembre 2023, n° [2023] EWHC 3445 (KB)
HHJ COE: The claim 1. Philip Dean died on 9 June 2020, 10 months after he was diagnosed with mesothelioma. He was aged 77. The claimant is his widow and...
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Court of Protection, 22 novembre 2023, n° [2023] EWCOP 68
1. This is an ex tempore judgment following a hearing yesterday. It was originally listed to be a two day fact-finding hearing with a view to me deciding whether to...
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First-tier Tribunal (Tax Chamber), 22 novembre 2023, n° [2023] UKFTT 990 (TC)
Introduction 1. The form of the hearing was V (video). All parties attended remotely and the hearing was held on the Tribunal’s VHS platform. The documents to which I was...
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Upper Tribunal (Administrative Appeals Chamber), 22 novembre 2023, n° [2023] UKUT 288 (AAC)
The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 24 March 2022 under file number SC322/21/00074 was...
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High Court (Business and Property Courts), 21 novembre 2023, n° [2023] EWHC 2948 (Ch)
Sir Anthony Mann : Introduction 1. The Patents Act 1977 section 1(2)(c) excludes from patent protection “a program for a computer … as such”. The courts have had to grapple...
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High Court (Family Division), 21 novembre 2023, n° [2023] EWHC 2966 (Fam)
The Honourable Mr Justice Cobb : Introduction 1. Following a hearing which concluded on 25 October 2023, I found to the criminal standard of proof that Jason-Steven: Wong (hereafter ‘the...
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Court of Appeal (Civil Division), 20 novembre 2023, n° [2023] EWCA Civ 1354
Lord Justice Arnold: Introduction 1. There are two appeals before the Court against parts of an order made on 12 May 2023 by John Kimbell KC sitting as a Deputy...
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High Court (Senior Court Costs Office), 20 novembre 2023, n° [2023] EWHC 3261 (SCCO)
Costs Judge Nagalingam: Background 1. This judgment follows my order, dated 3 January 2023, that “There be a preliminary issue hearing to decide the validity, enforceability and effect of the...
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High Court (King's Bench Division), 20 novembre 2023, n° [2023] EWHC 3271 (Comm)
1. This hearing was fixed as the adjourned hearing to consider sanctions for contempt of court on the part of the First to Sixth Defendants. 2. By my judgment given...
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Employment Appeal Tribunal, 17 novembre 2023, n° [2023] EAT 145
SUMMARY Ms Goburdhun (“the Claimant”) worked as an accountant. She was subject to disciplinary proceedings for “insubordination” for not adhering to an instruction from the Respondent employer to include figures...
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High Court (Administrative Court), 17 novembre 2023, n° [2023] EWHC 2889 (Admin)
MR JUSTICE SWIFT: A. Introduction 1. Transport for London challenges two decisions made by the Environment and Traffic Adjudicators. The first is a decision of a panel of adjudicators made...
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Court of Appeal (Civil Division), 17 novembre 2023, n° [2023] EWCA Civ 1353
Lord Justice Stuart-Smith: Introduction 1. In this appeal we have been assisted by submissions of sustained high quality and clarity from Mr Zeeshan Raza, who appears for the Appellant, and...
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High Court (Administrative Court), 17 novembre 2023, n° [2023] EWHC 2891 (Admin)
Mr Justice Bright: Introduction 1. The last 2-3 years have been a turbulent time in the energy market. In 2021 there were sharp rises in energy wholesale prices, to levels...
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Upper Tribunal (Administrative Appeals Chamber), 17 novembre 2023, n° [2023] UKUT 281 (AAC)
The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal dated 11 May 2023 under number EH850/22/00302 did not involve the making of...
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High Court (King's Bench Division), 17 novembre 2023, n° [2023] EWHC 2910 (KB)
Mrs Justice Ellenbogen DBE : 1. With the permission of Martin Spencer J, the appellant appeals from the judgment of Her Honour Judge Baucher, who, by order dated 6 April...