Décisions de justice publiées par le cabinet
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Court of Appeal (Civil Division), 6 octobre 2022, n° [2022] EWCA Civ 1304
This judgment was handed down remotely by circulation to the parties’ representatives by email and released to The National Archives. The date and time for hand-down is deemed to be...
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Court of Appeal (Civil Division), 6 octobre 2022, n° [2022] EWCA Civ 1297
Lord Justice Popplewell : Introduction 1. This appeal raises issues of general importance for consumers in respect of the jurisdictional protections afforded to them in respect of arbitration clauses under...
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Employment Appeal Tribunal, 6 octobre 2022, n° [2022] EAT 181
SUMMARY UNFAIR DISMISSAL, PRACTICE, AND PROCEDURE The claimant was dismissed at a probationary review hearing for the given reason of capability or performance. Her case was that she was unfairly...
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Family Court, 5 octobre 2022, n° [2022] EWFC 148
(via Cloud Video Platform) (This transcript was prepared from a poor quality recording) JUDGE ROBERTS: 1 This is the final hearing in the long-running proceedings concerning a little boy called...
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High Court (Property, Trusts and Probate List), 5 octobre 2022, n° [2022] EWHC 2459 (Ch)
1. This is my judgment on the trial of an issue which was ordered to be tried by an order of Master Kaye dated 27 January 2022. 2. The issue...
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High Court (King's Bench Division), 5 octobre 2022, n° [2022] EWHC 2463 (KB)
1. This is my judgment on one issue in this case, which raises significant points under the very newly created provisions of the Civil Procedure Rules as to vulnerable litigants...
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High Court (Technology and Construction Court), 3 octobre 2022, n° [2022] EWHC 2430 (TCC)
1. This is an application by the Defendant, Primelodge Developments Limited (“PDL”) for summary judgment in respect of (a) the claim by the Claimant, Goldberg London Limited (“GLL”), and (b)...
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Privy Council, 30 septembre 2022, n° [2022] UKPC 35
LORD HAMBLEN: Introduction 1. This appeal concerns the legal and beneficial ownership of an Anguillian company, Skynet Ltd (“Skynet”), and, indirectly, the beneficial ownership of a plot of land in...
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High Court (King's Bench Division), 30 septembre 2022, n° [2022] EWHC 2418 (KB)
Mrs Justice Ellenbogen DBE: Introduction 1. This is an appeal from the judgment of HHJ Backhouse, sitting at Central London County Court, by which she dismissed the Appellant’s claim, ordering...
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Court of Protection, 30 septembre 2022, n° [2022] EWCOP 43
Mrs Justice Morgan: 1. This application brought by Newcastle upon Tyne NHS Foundation Trust (‘the Trust’) concerns MB and relates to urgent medical treatment. MB is an adult male in...
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First-tier Tribunal (Tax Chamber), 30 septembre 2022, n° [2022] UKFTT 357 (TC)
Introduction 1. With the consent of the parties, the form of the hearing was V (video), and all parties attended remotely using the Tribunal video hearing system. A face to...
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Upper Tribunal (Administrative Appeals Chamber), 30 septembre 2022, n° [2022] UKUT 264 (AAC)
The decision of the Upper Tribunal is to dismiss the appeal. REASONS FOR DECISION Introduction 1. This appeal concerns the Respondent’s entitlement to Child Benefit over the period of more...
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High Court (Insolvency and Companies List), 30 septembre 2022, n° [2022] EWHC 2437 (Ch)
1. This is my judgment following the remote hearing of an application dated 12 May 2022 made on behalf of Little Dessert Shop Limited (“D”) for an order for costs...
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High Court (Commercial Court), 30 septembre 2022, n° [2022] EWHC 2431 (Comm)
Peter MacDonald Eggers KC: Introduction 1. This action concerns claims made by the Claimant (“Jinxin”) in deceit, and a related claim in conspiracy, brought against the First, Second, Fifth, Sixth,...
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First-tier Tribunal (General Regulatory Chamber) – Welfare of Animals, 30 septembre 2022, n° [2022] UKFTT 497 (GRC)
The appeal is allowed. REASONS 1. On 24 March 2021 the FSA revoked the certificate of competence of one of the appellant’s employees alleging that he had missed a step...
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First-tier Tribunal (General Regulatory Chamber) – Information Rights, 30 septembre 2022, n° [2022] UKFTT 350 (GRC)
Ms Pirmohamed’s application is struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, on the grounds that there is no reasonable prospect...
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High Court (Administrative Court), 30 septembre 2022, n° [2022] EWHC 2440 (Admin)
1. The claimant is a prisoner who is so profoundly disabled that he needs to be fed by a care team employed by the defendant. Because of his condition, eating...
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Privy Council, 30 septembre 2022, n° [2022] UKPC 34
LADY ROSE: 1. The appellant, Ms Quashie, brings this appeal on behalf of the estate of her former partner Mr Beresford Solomon. She challenges the refusal of the Court of...
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Court of Appeal (Criminal Division), 30 septembre 2022, n° [2022] EWCA Crim 1271
Lord Justice Holroyde: 1. Each of these cases is an appeal against a very long extended determinate sentence, or special custodial sentence for an offender of particular concern, imposed for...
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High Court (King's Bench Division), 30 septembre 2022, n° [2022] EWHC 2421 (KB)
Mrs Justice Heather Williams: Introduction Paras 1 - 3 The issues Paras 4 - 10 Orders made in the proceedings Paras 11 - 18 The course of the hearing Paras...
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First-tier Tribunal (Tax Chamber), 30 septembre 2022, n° [2022] UKFTT 356 (TC)
Introduction 1. Mr McCabe appeals against closure notes issued by HMRC on 28 April 2016 under s28A(1) and (2) Taxes Management Act 1970 (“TMA 1970”) in relation to the tax...
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High Court (Administrative Court), 30 septembre 2022, n° [2022] EWHC 2424 (Admin)
Mr Justice Henshaw: (A) INTRODUCTION2 (B) UNDERLYING FACTS3 (C) PROCEEDINGS BEFORE THE CHIEF CONSTABLE5 (D) PROCEEDINGS BEFORE THE PAT5 (E) THE CLAIMANT’S CHALLENGE TO THE PAT’S DECISION7 (F) PRINCIPLES8 (1)...
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First-tier Tribunal (General Regulatory Chamber) – Environment, 30 septembre 2022, n° [2022] UKFTT 507 (GRC)
1. The Appellant appeals against the Notice of Civil penalty reference ESOS-ENF-2-0899 dated 25/03/2022. The Notice was issued for failure to comply with theEnforcement notice issued by the Environment Agency...
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Court of Appeal (Civil Division), 30 septembre 2022, n° [2022] EWCA Civ 1270
Lord Justice Males: 1. The principal issue on this appeal is whether an order for disclosure of documents can be made against a third party outside England and Wales pursuant...
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High Court (Business List), 30 septembre 2022, n° [2022] EWHC 2426 (Ch)
HHJ Paul Matthews : Introduction 1. This is my decision on an issue arising out of my earlier decision dated 6 July 2022 refusing the defendant’s second application for anonymity...
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Family Court (B - district and circuit judges), 30 septembre 2022, n° [2022] EWFC 184 (B)
HHJ Murray : Introduction 1. On the morning of 01.03.2022, P, then just over 2 years old, was dropped off at nursery by M and maternal grandmother (“MGM”). M had...
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High Court (King's Bench Division), 27 septembre 2022, n° [2022] EWHC 2777 (KB)
LIABILITY JUDGMENT 1. JUDGE KELLY: This is an ex tempore judgment following the trial of an application by the claimant, North Warwickshire Borough Council, to commit El Litten, Charlotte Kirin,...
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High Court (King's Bench Division), 27 septembre 2022, n° [2022] EWHC 2466 (Admin)
1. This is the judgment of the court to which we have both contributed. The appellant (“the prosecutor”) has raised the issue of the costs of these proceedings, and we...
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High Court (Commercial Court), 27 septembre 2022, n° [2022] EWHC 2410 (Comm)
1. The Claimant (“Dexia”), an Italian company carrying on banking business, and the Defendant (“Pesaro”), a municipal authority in the Marche region of Italy, entered into two interest rate swap...
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High Court (Senior Court Costs Office), 26 septembre 2022, n° [2022] EWHC 2425 (SCCO)
1. The appeal has been dismissed for the reasons set out below. There shall be no order as to the costs of the appeal. 2. Whilst the appeal was originally...