Case Law

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Latest documents

• Alibkhiet v London Borough of Brent v City of Westminster, Court of Appeal - Civil Division, December 06, 2018, [2018] EWCA Civ 2742

  1. You would need to be a hermit not to know that there is an acute shortage of housing, especially affordable housing, in London; and that local government finance is severely stretched. Under the homelessness legislation housing authorities in London have duties to procure housing for the homeless; and must, so far as it is reasonably practicable...

• AM (Iran) v Secretary of State for the Home Department, Court of Appeal - Civil Division, December 06, 2018, [2018] EWCA Civ 2706

  1. This is an appeal by the Secretary of State from a decision of the Upper Tribunal (Asylum and Immigration Chamber) (`UT') promulgated on 25 January 2017. In that decision Upper Tribunal Judge Kopieczek (`the UT Judge') concluded that deporting the respondent (`AM') to Iran would place him at risk of ill-treatment in contravention of his rights u...

• M (A Child) (Secure Accommodation), Court of Appeal - Civil Division, December 06, 2018, [2018] EWCA Civ 2707

  1. A secure accommodation order permits, but does not compel, a local authority to keep a child in secure accommodation. A court hearing an application for such an order under Section 25 of the Children Act 1989 or Section 119 of the Social Services and Well-being (Wales) Act 2014 in respect of a child who is being looked after by a local authorit...

• SR (A Child), Re, Court of Appeal - Civil Division, December 06, 2018, [2018] EWCA Civ 2738

  2. S was born in August 2011. His parents were never married but his father has parental responsibility by virtue of being named on his birth certificate. After they separated some years ago, S lived with his mother but had contact with his father, including staying contact, in accordance with court orders made in private law proceedings under the

• Kazakhstan & Anor v The Bank of New York Mellon SA/NV, London Branch & Ors, Court of Appeal - Commercial Court, December 04, 2018, [2018] EWHC 3282 (Comm)

  1. This jurisdictional challenge is part of a long-running saga relating to the enforcement of a Swedish arbitration award dated 19 December 2013 in favour of the ``Stati parties'', the Second to Fifth Defendants, and against the Second Claimant, the Republic of Kazakhstan (``RoK''). 2. Enforcement proceedings are afoot in several jurisdictions but...

• Gosvenor London Ltd v Aygun Aluminium UK Ltd, Court of Appeal - Civil Division, December 03, 2018, [2018] EWCA Civ 2695

  1. By an order dated 28 March 2018, Fraser J gave judgment in favour of the claimant (``Gosvenor'') in the sum of £553,958.47 (together with VAT and interest) on their application for summary judgment to enforce the decision of an adjudicator ([2018] EWHC 227 (TCC)). However, the judge also imposed a stay of execution. Gosvenor now appeal against t...

• Rudall v The Crown Prosecution Service & Anor, Court of Appeal - Queen's Bench Division, November 30, 2018, [2018] EWHC 3287 (QB)

  1. This is an action for damages for malicious prosecution, misfeasance in public office and breach of s.6 Human Rights Act 1998. It is brought by Mr Phillip Rudall, a solicitor from Swansea who, between January 2002 and July 2013, was the subject of investigation by the South Wales Police Fraud Squad (``SWP'') and two prosecutions by the Crown Pr...

• Warren v Hill Dickinson LLP, Court of Appeal - Queen's Bench Division, November 30, 2018, [2018] EWHC 3322 (QB)

  1. Frank Warren is a well-known licensed boxing promoter and manager. By a claim issued on 19 May 2016, Mr Warren sought a detailed assessment of four bills rendered by his former solicitors, Hill Dickinson LLP, totalling some £922,890.03. The bills were rendered pursuant to the purported assignment of two conditional fee agreements (``CFAs'') that...

• Saha v Capita Plc, Court of Appeal - United Kingdom Employment Appeal Tribunal, November 29, 2018, [2018] UKEAT 0080_18_2911

  The Claimant alleged in her Particulars of Claim that the Respondent subjected her to a detriment because she had alleged in an email of 1 December 2015 that asking her to work certain hours would be a breach of the Working Time Regulations 1998. A list of issues agreed at the outset of the hearing of her claims, categorised the allegation as a wo...

• Forrester v The Secretary of State for the Home Department, Court of Appeal - Civil Division, November 29, 2018, [2018] EWCA Civ 2653

  1. The appellant in this case is a Jamaican national. He was born in 1980. He left Jamaica with his mother when he was four and lived with her in the USA until he was about 14 when he came to the UK. He has no family or friends in Jamaica. He was given Indefinite Leave to Remain in July 2000 very shortly after his 20th birthday. By then he had