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This appeal concerns the lawfulness of a proposal by the Lord Chancellor (then The Rt Hon Christopher Grayling MP) in September 2013 to introduce a residence test for civil legal aid by amending Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), by means of delegated legislation, in t... | This appeal concerns the legality of attempts by the Lord Chancellor to introduce a residence test for civil legal aid by amending the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
Part 1 of LASPO came into force on 1 April 2013.
It includes section 9, subsection (1) of which provides that civil l... |
The appellant, Nottingham City Council (Nottingham), is the licensing authority for those houses in multiple occupation (HMOs) in its district which are licensable under Part 2, Housing Act 2004.
This appeal concerns two HMOs, namely 44, Rothesay Avenue, Lenton, Nottingham NG7 1PU and 50, Bute Avenue, Lenton, Nottingha... | Nottingham City Council, the appellant, is the licensing authority for houses in multiple occupation (HMOs) in its area under Part 2 of the Housing Act 2004 (2004 Act).
This appeal concerns two HMOs, 44, Rothesay Avenue and 50, Bute Avenue which are owned by the second respondent, Trevor Parr Associates Ltd. The first ... |
This appeal arises from a sorry case of a serious failure by an air tour operator to see that proper provision was made for the needs of a disabled passenger, contrary to the requirements of the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 (SI 2007/1895) ... | Mr and Mrs Stott decided to take a holiday in Zante, Greece, in September 2008.
Mr Stott is paralysed from the shoulders down and a permanent wheelchair user.
He has double incontinence and uses a catheter.
When travelling by air, he depends on his wife to manage his incontinence, help him to eat, and change his sittin... |
It is the role of the common law to adapt to meet new circumstances and challenges.
Mesothelioma has been and is a tragedy for individuals and families.
It is caused by exposure to the inhalation of asbestos dust, and has a gestation period measured typically in decades.
The more fibres inhaled, the greater the risk of... | The present appeal is from Guernsey, where there is no equivalent of the 2006 Act.
The common laws of England and Guernsey are agreed to be identical in this area.
The principal issues are: (1) whether the reasoning in Barker still applies in Guernsey [8], and means that an employers liability insurer covering an emplo... |
This appeal concerns the liability for Value Added Tax (VAT) of a company which markets and arranges holiday accommodation through an on line website.
The outcome turns on the appropriate characterisation of the relationship between the company, the operators of the hotels, and the holiday makers or their travel agents... | This appeal concerns the liability for Value Added Tax (VAT) of a company known as Med, which marketed hotel accommodation in the Mediterranean and the Caribbean through a website.
An hotelier who wished his hotel to be marketed by Med had to enter into a written agreement with Med (the Accommodation Agreement).
When a... |
This appeal concerns the question whether the provisions of Part 4 of the Children and Young People (Scotland) Act 2014 lie within the legislative competence of the Scottish Parliament.
Before considering the issues that arise (summarised in para 26 below), it is helpful to begin with an account of the background to th... | The Children and Young People (Scotland) Act 2014 (the 2014 Act) makes provision for a named person service (the NPS) in relation to children and young people (C&YP) in Scotland.
The NPS establishes the new professional role of the named person, and envisages that all C&YP in Scotland will be assigned a named person.
T... |
This appeal challenges the validity of two patents, which seek to confer a monopoly over the creation of a range of types of transgenic mouse.
The subject matter, genetic engineering for medical purposes, is of great technical complexity, but the legal question which falls for determination in this court may be quite s... | In 2001 Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse.
Regenerons breakthrough was a hybrid version of the gene that produces antibodies, combining a section of the mouses genetic material (the constant region DNA) with a section of genetic material from a human (the variable ... |
These proceedings arise out of the admitted and continuing failure by the United Kingdom since 2010 to secure compliance in certain zones with the limits for nitrogen dioxide levels set by European law, under Directive 2008/50/EC.
The legal and factual background is set out in the judgment of this court dated 1 May 201... | The proceedings arose out of the admitted and continuing failure of the United Kingdom since 2010 to secure compliance in certain zones with the limits for nitrogen dioxide levels set by European Union law, under Directive 2008/50/EC.
In a judgment of 1 May 2013, the Supreme Court referred certain questions to the Cour... |
This appeal raises a question as to the scope of the exceptions to the principle that statements made in the course of without prejudice negotiations are not admissible in evidence (the without prejudice rule).
Specifically, the question is whether facts which (a) are communicated between the parties in the course of w... | This appeal concerns the scope of the exceptions to the principle that statements made in the course of without prejudice negotiations are not admissible in evidence (the without prejudice rule).
The issue is whether it is permissible to refer to anything written or said in the course of the without prejudice negotiati... |
provides as follows: 15.
Registration of Greens Section 15 of the Commons Act 2006, so far as relevant to this appeal, (1) Any person may apply to the commons registration authority to register land to which this Part applies as a town or village green in a case where subsection (2), (3) or (4) applies. (2) This subsec... | In order to be as of right, use must not be by force, nor stealth, nor by permission of the landowner [20, 67, 87 107, 115].
The law in this area was also concerned with how the matter would have appeared to the reasonable landowner [36].
There was great difficulty in seeing how a reasonable landowner would have conclu... |
The appellant was questioned at an airport under Schedule 7 to the Terrorism Act 2000 (TA 2000), which requires a person in her position to answer questions asked by police officers, immigration officers and customs officers for the purpose there set out.
She refused to answer the questions and was subsequently convict... | On 4 January 2011, Mrs Sylvie Beghal passed through East Midlands Airport with her three children on returning from visiting her husband in Paris, a French national in custody on terrorist offences.
She was stopped by police and, although not formally detained, arrested or suspected of being a terrorist, was told they ... |
On 6 August 2003 a young man of 17 and a young girl of 13 had sexual intercourse.
Afterwards the young girl told her mother that this had occurred but she suggested that she had not been a willing participant.
Understandably, her mother went to the police and the young man was arrested.
Later her daughter retracted her... | The question in this appeal is whether there is a requirement for the prosecution to prove a defendant had an absence of belief that the person they were having sexual intercourse with was over the age of 13, before they can be convicted of an offence of unlawful carnal knowledge of a girl under the age of 14.
The appe... |
This appeal raises an interesting but complicated question as to the meaning of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000 (SI 2000/1552) (the Transfer Order) made by the Secretary of State in exercise of powers conferred by section 405 and following of the Greater London Authority Act 1999 (the... | This appeal concerns the effect of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000 (SI 2000/1552) (the Transfer Order) and the GLA Roads Designation Order 2000 (SI 2000/1117) (the Designation Order).
By combined operation of those Orders, responsibility for Greater London Authority (GLA) roads was tr... |
This is an appeal brought by Mohammed Gul against a decision of the Court of Appeal (Criminal Division) dismissing an appeal against his conviction for dissemination of terrorist publications contrary to section 2 of the Terrorism Act 2006 (the 2006 Act), for which he was sentenced to a term of five years imprisonment ... | The issue in the appeal is whether the definition of terrorism in the Terrorism Act 2000 includes military attacks by non state armed groups against national or international armed forces in a non international armed conflict.
Mr Gul was convicted by a jury of five counts of disseminating terrorist publications, for wh... |
The Scottish Parliament was established by section 1 of the Scotland Act 1998.
It was opened on 1 July 1999.
Section 29(1) of the Act provides: An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.
This provision lies at the heart of the... | As originally enacted, s.33 and Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (the RTOA) provided that the maximum sentence that a Sheriff sitting summarily could impose in respect of the offence of driving while disqualified (s.103(1)(b) of the Road Traffic Act 1988 (the RTA)) was six months imprisonment... |
Under the Equal Pay Act 1970, women (or men) whose work is of equal value to that of men (or women) in the same employment are entitled to the benefit of a deemed equality clause in their contracts of employment.
This means that if any of their terms and conditions is less favourable than the equivalent term or conditi... | The issue arising in the appeal is whether the appellants have satisfied the threshold conditions set out in section 1(6) of the Equal Pay Act 1970 (the Act) in order to bring claims alleging that they are employed under less favourable terms and conditions than certain male employees of the respondent council who do w... |
This case raises difficult issues about the scope for justifying direct discrimination on the ground of age and in particular a mandatory contractual retirement age.
It arises under the Employment Equality (Age) Regulations 2006 (SI 2006/1031) (the Age Regulations), the measure by which the United Kingdom transposed Co... | This case concerns the scope for justifying direct discrimination on the ground of age and in particular a mandatory retirement age contained within a partnership agreement.
The case was heard alongside Homer (Appellant) v Chief Constable of West Yorkshire Police (Respondent) [2012] UKSC 15 which concerned the scope of... |
Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouses application to set aside a financial order in divorce proceedings on the ground of a fraudulent no... | The appellant ("the wife") used to be married to the respondent ("the husband"), a former solicitor.
In 2002, the wife petitioned for a divorce.
In response to her financial claims, the husband asserted that all of his ostensible wealth represented assets held on behalf of his clients [4 6].
In 2004, the wife's claims ... |
This appeal concerns the statutory right of appeal against decisions by the Secretary of State for the Home Department (the Secretary of State) to refuse protection claims and human rights claims under Part 5 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) as amended.
The particular question for deci... | The appellant is a Jamaican national who arrived in the United Kingdom on 9 October 1998 when he was seven years old.
He has several criminal convictions, including two robberies that triggered deportation proceedings.
On 17 July 2013, a deportation order was issued.
He appealed to the First tier Tribunal (Immigration ... |
This is an appeal against a decision of the Court of Appeal upholding a series of case management decisions by judges of the Chancery Division.
It arises out of a joint venture between Apex Global Management Ltd (Apex), a Seychelles company owned by Mr Almhairat, and Global Torch Ltd (Global), a BVI company owned by Pr... | This appeal arises out of a joint venture between Apex Global Management Ltd (Apex), a Seychelles company owned by Mr Almhairat, and Global Torch Ltd (Global), a British Virgin Islands company owned by Prince Abdulaziz (the Prince), Mr Abu Ayshih and Mr Sabha.
Apex and Global set up an English company Fi Call Ltd (Fi C... |
On 27 November 2008, at the Crown Court in Isleworth, the respondent, Aloke Varma, pleaded guilty to three offences of being knowingly concerned in the fraudulent evasion of duty, contrary to section 170(2)(a) of the Customs and Excise Management Act 1979.
The offences were committed on 24 October 2007 and 3 and 13 Apr... | On 24 October 2007 and again on both 3 and 13 April 2008 the Respondent, Mr Varma, was stopped at Gatwick Airport and found to be in possession of a quantity of tobacco which he had brought into the United Kingdom without having made payment of the relevant import duties.
On 27 November Mr Varma was convicted in the Cr... |
The three appellants in these two appeals were each convicted of murder.
Each had his conviction quashed pursuant to a reference to the Court of Appeal by the Criminal Cases Review Commission (CCRC) in the exercise of its powers under Part II of the Criminal Appeal Act 1995 (the 1995 Act).
In each case no order was mad... | Section 133 of the Criminal Justice Act 1988 (s 133) provides that the Secretary of State for Justice shall pay compensation when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyon... |
The claimant, Tiuta International, was a specialist lender of short term business finance, until it went into administration on 5 July 2012.
These proceedings were brought by Tiuta in support of a claim against the defendant surveyors for negligently valuing a partially completed residential development over which it p... | The appellant company, De Villiers, is a surveyor.
The respondent, Tiuta International, was a lender of short term business finance until it went into administration in July 2012.
This appeal arises out of De Villiers application for summary judgment on part of a claim which Tiuta brought against De Villiers.
As a resu... |
Until 2006, pension schemes could be approved by the Inland Revenue (subsequently HM Revenue and Customs).
Approved status carried with it advantages in the tax treatment of contributions to the scheme and investments within it, but it also imported restrictions on the form in which benefits were taken.
In particular, ... | Until 2006, pension schemes could be approved by the Inland Revenue (now HMRC).
Taxpayers who paid contributions into approved pension schemes received relief from income tax on their contributions, but were subject to certain restrictions on the application of the fund.
In particular, with limited exceptions assets co... |
The appellant Dermot Patrick OBrien (Mr OBrien) is a retired barrister.
He also held part time judicial office as a recorder appointed under section 21 of the Courts Act 1971, as amended.
He claims to be entitled to a pension in respect of his part time non salaried judicial work.
The case raises questions of domestic ... | This appeal raises questions of European Union law.
These questions have their origins in an EU Framework Agreement on part time work which was concluded in 1997.
It was implemented by a Council Directive of the same year, which was extended to the United Kingdom in 1998.
Directives are binding as to the result to be a... |
Allegations that a bribe was paid to procure a contract are by no means unknown in international business disputes heard by the Commercial Court in London.
Allegations that evidence was procured by torture are thankfully rare.
In this case allegations of both bribery and torture were made.
A claim under a guarantee of ... | This appeal arises out of a claim by the appellant under a guarantee of a contract, to charter a vessel which was met with a defence from the respondent that the contract was procured by bribery and that the guarantee was therefore unenforceable.
The bribery allegation was based on evidence of confessions that the appe... |
A judge who is holding an extradition hearing pursuant to the Extradition Act 2003 (the 2003 Act) is required to consider whether the extradition of the person against whom the order is sought would be compatible with that persons human rights under the Human Rights Act 1998.
If not, that person must be discharged.
The... | The United States Government is seeking the extradition of the appellant, Mr Norris, so he may be tried on an indictment charging him with obstruction of justice.
He had originally faced a further charge of price fixing.
The House of Lords ruled in 2008 ([2008] UKHL 16) that the conduct alleged in relation to the price... |
For some four centuries, the United Kingdom and its component nations have been a major source of emigration.
As a result, schemes for defining the right to British nationality have been complicated by the need to accommodate those born abroad but having significant connections with the United Kingdom by descent.
Until... | Under section 5(1) of the British Nationality Act 1948 the general rule was that British citizenship was available to a person by descent if his or her father was a citizen of the United Kingdom and Colonies at the time of the persons birth.
But, if the persons father was himself a citizen by descent only, then unless ... |
This appeal raises the question whether the Commissioner of Police of the Metropolis (the Commissioner) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from economic and reputational harm.
Background facts
The pleaded fact... | On 2 December 2003 the Respondents, four police officers serving in the Metropolitan Police Service (the officers), took part in the arrest of a suspected terrorist, BA.
BA subsequently made allegations that the officers had seriously assaulted and injured him during the arrest.
In October 2004, the Independent Police ... |
The Rehabilitation of Offenders Act 1974 (the 1974 Act) provides that, after a period of time, the criminal convictions of a person, say of a man, are in many cases spent.
This means, among other things, that he is not obliged to disclose them in response to a question by, for example, a prospective employer and that t... | Under the Rehabilitation of Offenders Act 1974, where a person is asked about his criminal record the question will be treated as not extending to spent convictions.
Consequently, he is entitled not to disclose these and cannot be liable for a failure to do so.
Equally, a prospective employer is not entitled to make an... |
From time to time over many years the Secretary of State for the Home Department has been concerned to deport a foreign national on the grounds of national security.
Sometimes, indeed with increasing frequency, those facing such deportation decisions have wished to contest them, either by challenging that they present ... | The appellants, all Algerian nationals, were suspected terrorists whom the Secretary of State proposed to deport to Algeria.
It was common ground that Algeria was a country where torture was systematically practised by state officials and no state official had ever been prosecuted for it.
The Secretary of State obtaine... |
These appeals arise out of an application for a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (the 2007 Act), with authority to adopt, brought by West Lothian Council (the local authority) in December 2014.
The application relates to a child, EV, who was born on 30 December 2013, an... | These appeals arise out of an application by West Lothian Council (the local authority) for a permanence order under s.80 of the Adoption and Children (Scotland) Act 2007 (the 2007 Act), granting it parental responsibilities and rights in relation to a child (EV), including the authority to adopt.
EV was born on 30 Dec... |
This appeal concerns what is sometimes called a fully qualified covenant in a lease of real property.
Leases commonly contain a series of covenants by the tenant not to do things, typically relating to assignment, sub-letting and the use of the demised premises.
By what is called a qualified covenant, the tenant promis... | The Appellant is the landlord of a six storey terraced building at 51 Brewer Street, Soho, London W1.
The Respondent is the current tenant under a lease granted in 1986.
Its sub tenant, Romanys Ltd, runs an ironmongers shop from the basement and ground floor.
Under clause 3(11) of the lease, the tenant may use any part... |
This appeal arises from a tragic incident on 5 July 2000 at Gloucester Park swimming pool in Basildon, Essex.
The Appellant, then aged ten, was a pupil at Whitmore Junior School, for which the Respondent education authority was responsible.
The national curriculum, in its then form, included physical training of a numb... | On 5 July 2000 the appellant suffered a serious hypoxic brain injury during a school swimming lesson at Gloucester Park swimming pool in Basildon, Essex.
At the time she was aged ten and a pupil at Whitmore Junior School, for which the respondent education authority was responsible.
The swimming lesson took place in no... |
Two appeals are before the Court by prisoners who were convicted of murder and sentenced to life imprisonment.
In the case of the appellant Peter Chester, the tariff period fixed expired many years ago, but he has not yet satisfied the Parole Board that it is no longer necessary for the protection of the public that he... | The appellants in these two appeals are prisoners serving sentences of life imprisonment imposed for murder, combined in the case of McGeogh with a later sentence of seven and a half years for violent escape from lawful custody.
Both the appellants claim that their rights have been and are being infringed because they ... |
The principal issue in these two appeals relates to the circumstances in which the concept of statutory incompatibility will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes.
In R (Newhaven Port & Properties Ltd) v East Sussex County C... | The issue in the two appeals relates to the circumstances in which statutory incompatibility will defeat an application by a member of the public to register land as a town or village green (a green) under the Commons Act 2006 (the Act) where the land is held by a public authority for statutory purposes.
At issue in th... |
On 26 October 2010 this Court issued its judgment in Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125.
It held that the Crowns reliance on admissions made by an accused without legal advice when detained under section 14 of the Criminal Procedure (Scotland) Act 1995 gave rise to a breach of his right to a fair trial,... | In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held, having regard to the decision of the European Court of Human Rights in Salduz v Turkey (2008) 49 EHRR 421, that the Crowns reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police stati... |
The question for decision in this appeal is whether there has been good service of the claim form in this action on the respondent.
This is an appeal against an order of the Court of Appeal (Arden, Longmore and McFarlane LJJ) made on 15 December 2011 in which they set aside the orders of a number of judges and, in part... | This case concerns the circumstances in which a court may make an order retrospectively declaring that steps taken by a claimant to bring a claim form to the attention of a defendant should be treated as good service.
On 30 April 2009, Mr Abela and his two companies brought a claim for damages for fraud against Mr Baad... |
This appeal is concerned with the operation of the disciplinary procedures for doctors and dentists in the National Health Service, which the Secretary of State for Health introduced over eight years ago.
It raises an important question about the roles of the case investigator and the case manager when handling concern... | This appeal is concerned with the roles of the case investigator and the case manager when handling concerns about a doctors performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service.
The national policy framework is known as Maintaining High P... |
This is a more than usually anxious case.
It concerns the death penalty.
The United Kingdom is party to the Thirteenth Protocol to the European Convention on Human Rights (2004).
In its preamble, the contracting states state that they are convinced that everyones right to life is a basic value in a democratic society a... | The appellants son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens.
In June 2015, the US made a mutual legal assistance (MLA) request to the UK in relation to an investigation into the activities of that group.
The Home Secretary requested an as... |
On Saturday 15 June 1974, in the late morning, an army patrol consisting of two military vehicles was travelling towards Benburb, County Tyrone.
The vehicles contained members of the Life Guards regiment.
The lead vehicle had six men on board.
The commander of the patrol, who was travelling in that vehicle, was Dennis ... | In 1974, there was much terrorist activity in Northern Ireland, a large part of which was generated by the Provisional Irish Republican Army (PIRA).
On 13 June 1974, members of the Life Guards regiment of the British Army, under the command of the appellant, found a group of men loading material into a vehicle.
A firef... |
This appeal is about the distribution of European Structural Funds among the regions of the United Kingdom.
It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute funds allocated to the United Kingdom for the years 2014 to 20... | The European Union distributes money from European Structural Funds to Member States in order to promote the overall harmonious development of the EU and in particular to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions (Article 174 TFEU).
Fu... |
The wedding of the Duke and Duchess of Cambridge on 29 April 2011 attracted vast public interest nationally and internationally.
Managing the crowds presented the Metropolitan Police with a big challenge.
In giving the judgment of the Administrative Court, [2012] EWHC 1947 (Admin), Richards LJ explained the nature of t... | This appeal concerns the arrest and detention of four individuals on 29 April 2011, the day of the wedding of the Duke and Duchess of Cambridge.
The appellants were part of a larger group of claimants but it was agreed before the Court of Appeal that their cases should be treated as test cases [1, 3].
The appellants we... |
Counsel for the respondent, Jonathan Crow QC, boldly asserted at the outset of his submissions that this case is in fact bristling with simplicity.
The issue is certainly a simple one.
The claim is brought by a company (through its liquidators) against its investment bank and broker for breach of the so called Quinceca... | An implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customers order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries.
This is known as the Quincecare duty of care, f... |
This appeal arises from steps taken by the appellant, Dallah Real Estate and Tourism Holding Company (Dallah), to enforce in England a final award dated 23 June 2006 made in its favour in the sum of US$20,588,040 against the Government of Pakistan (the Government) by an International Chamber of Commerce (ICC) arbitral ... | The central issue on this appeal is whether the Government of Pakistan was a party to and bound by an arbitration agreement, so that an award made by an arbitral tribunal under that agreement can be enforced against the Government of Pakistan in the United Kingdom.
The appellant company (Dallah) is a member of a group ... |
This appeal is about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord.
In particular, the issue is whether the courts are entitled to take the same summary approach to such... | The issue in this appeal is the proper approach of the courts when a defendant to a claim for possession of his home raises a defence of unlawful discrimination by the landlord, contrary to the Equality Act 2010 (the EA); in particular, whether such defences may be dealt with in the same way as defences alleging a brea... |
These appeals raise a number of points, some technical, others fundamental, relating to the requirements of and consequences of non compliance with the short and inflexible time limits introduced by the Extradition Act 2003.
Parts 1 and 2 of that Act deal with extradition to respectively category 1 territories in pract... | Lukaszewski (L), Pomiechowski (P) and Rozanski (R) are Polish citizens who are each the subject of a European Arrest Warrant (EAW) issued by the Polish court.
Each is wanted in order to serve an existing sentence.
L is wanted, in addition, to stand trial on ten charges of fraud.
The fourth appellant, Halligen (H), is a... |
This appeal is concerned with Stamp Duty Land Tax (SDLT), which was introduced by the Finance Act 2003 (the FA 2003) to replace Stamp Duty, a tax on written instruments which had been the subject of many successful tax avoidance schemes.
The principal question in the appeal is whether Project Blue Ltd (PBL) is due to p... | In 2007 the Respondent (PBL) purchased the former Chelsea Barracks in London from the Ministry of Defence (MoD) for 959m.
In order make the purchase, PBL obtained finance from a Qatari Bank, Masraf al Rayan (MAR), which specialises in Islamic finance.
Islamic finance seeks to comply with Sharia law, which forbids the p... |
This appeal from the Court of Session arises from an accident of an everyday kind, but raises a number of issues of practical importance relating to the Personal Protective Equipment at Work Regulations 1992 (the PPE Regulations) (SI 1992/2966) and the Management of Health and Safety at Work Regulations 1999 (the Manag... | The appellant was employed as a home carer by the respondents.
Her work involved visiting clients in their homes and providing personal care.
On 18 December 2010, at around 8pm, she was required to visit an elderly lady.
There had been severe wintry conditions in central Scotland for several weeks, with snow and ice ly... |
This appeal is concerned with the obligations under the Equality Act 2010 of a charity which has been set up to provide housing in Stamford Hill in Hackney for a disadvantaged group, the observant Orthodox Jewish community comprising, in particular, the Haredi community.
The charity is the second respondent, Agudas Isr... | This appeal is about the application of anti discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives.
The relevant anti discrimination laws are contained in the Equality Act 2010 and Council... |
This appeal concerns the supposed principle that reflective loss cannot be recovered.
Before describing the factual background, or entering into the details of the legal issues, it may be helpful to begin by considering some basic principles of our law.
Introduction
It is not uncommon for two persons, A and B, to suffe... | The respondent, Mr Sevilleja, owned and controlled two companies (the Companies) incorporated in the British Virgin Islands (BVI).
The appellant, Marex Financial Ltd (Marex), brought proceedings against the Companies for sums due under contract.
After a trial in the Commercial Court before Field J, Marex obtained judgm... |
The case of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, which was heard alongside this case, concerned direct discrimination on the ground of age.
In that case there was no issue that the application of a mandatory retirement age constituted direct age discrimination.
The issue was how it might be justified.
Thi... | This case concerns the scope of indirect discrimination on the ground of age.
It was heard alongside the case of Seldon v Clarkson Wright and Jakes [2012] UKSC 16 which concerned the scope for justification of direct discrimination on the ground of age.
Mr Homer began working for the Police National Legal Database (PNL... |
These two cases raise a number of important issues in relation to the detention pending deportation of foreign national prisoners (FNPs) following the completion of their sentences of imprisonment.
Section 3(5)(a) of the Immigration Act 1971 (the 1971 Act) provides that a person who is not a British citizen is liable t... | The main issue in this appeal is whether, and if so which and in what circumstances, breaches of public law are capable of rendering unlawful the detention of foreign national prisoners (FNPs) pending their deportation.
Section 3(5)(a) of the Immigration Act 1971 (the 1971 Act) confers on the Secretary of State for the... |
This appeal raises the issue whether the daily vessel operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average ie whether those expenses should be shared proportionately between all those whose property and entitlements were imper... | On 29 January 2009, the chemical carrier mv LONGCHAMP (the vessel) was transiting the Gulf of Aden.
Pirates boarded the vessel and ordered its course to be altered towards the Bay of Eyl, Somalia.
After seven weeks of negotiations, the crisis management team formed by the vessels owners (the Appellants) agreed a ransom... |
These two appeals were heard together by the Court of Appeal and raise common issues as to the scope of the principle in Ruiz Zambrano v Office national de lemploi (Case C 34/09) [2012] QB 265 (Zambrano).
In Zambrano, the Court of Justice of the European Union (the CJEU) held that a third country (ie non member state) ... | These two appeals raise common issues regarding the scope of the Ruiz Zambrano v Office national de lemploi (Case C 34/09) [2012] QB 265 (Zambrano) principle.
Zambrano states that a non member state national (TCN) parent of a European Union (EU) citizen child resident within the EU is entitled to reside in the EU.
This... |
By these proceedings, a mother seeks to prevent a father from publishing a book about his life containing certain passages which she considers risk causing psychological harm to their son who is now aged 12.
Mother and son now live in the United States of America and so the family court in England and Wales has no juri... | The Appellant (the Father), James Rhodes, is a concert pianist, author and television film maker.
He has written a book titled Instrumental, which he is hoping to publish, and it is aimed at providing a sound track to the story of his life.
It includes searing accounts of the physical and sexual abuse and rape inflicte... |
In November 1999 Mr Alexander Gibson was appointed as managing director of Grays Timber Products Ltd (Timber Products), a wholly owned subsidiary of Grays Group Ltd (Group).
He also became a director of Group.
He entered into a written service agreement with Timber Products and was also party to a subscription and shar... | The main controversy in the appeal was whether, under the test laid out in section 446X of ITEPA, the disposal of the shares had been for a price which exceeded the market value of the shares at the time of the disposal [2].
If so, then the excess (less the costs associated with completing the transaction) would be tre... |
Act) provide as follows: Sections (1) and (2) of section 123 of the Insolvency Act 1986 (the 1986 (1) A company is deemed unable to pay its debts (a) [non compliance with a statutory demand for a debt exceeding 750 presently due] (b) to (d) [unsatisfied execution on judgment debt in terms appropriate to England and Wal... | Interest bearing loan notes (the notes) to the value of 660m were issued to certain companies (the Noteholders) by a special purpose vehicle formed by the Lehman Brothers group, Eurosail UK 2007 3BL (the Issuer).
The Issuer used the issue of the notes to fund the purchase of a portfolio of mortgage loans, to the value ... |
Payment Protection Insurance (or PPI) is sold to borrowers to cover the repayment of specified borrowings upon the occurrence of an insured event, generally sickness, accidental injury, or unemployment.
In its report, Market Investigation into Payment Protection Insurance (29 January 2009), the Competition Commission r... | Payment protection insurance (PPI) is sold to borrowers to cover the repayment of specific borrowing on the occurrence of an insured event, such as accidental injury.
PPI used to be sold to borrowers as part of a package with the loan itself, with a single premium paid upfront and added to the amount borrowed.
A high c... |
This is a reference made by the Attorney General for England and Wales (the Attorney General) under section 112 of the Government of Wales Act 2006 (the 2006 Act) for a determination on whether sections 6 and 9 of the Local Government Byelaws (Wales) Bill 2012 are within the legislative competence of the National Assem... | Following a referendum, various provisions of the Government of Wales Act 2006 (the 2006 Act) came into force on 5 May 2011.
These provisions gave the National Assembly for Wales (the Assembly) primary legislative competence in certain areas [5].
If there is an issue as to whether a Bill, or a provision in a Bill, pass... |
A limited company not in liquidation cannot lawfully return capital to its shareholders except by way of a reduction of capital approved by the court.
Profits may be distributed to shareholders (normally by way of dividend) but only out of distributable profits computed in accordance with the complicated provisions of ... | The issue in this appeal is whether there may have been an unlawful distribution of capital to a shareholder when the Appellant (PPC) sold the whole issued share capital of a wholly owned subsidiary YMS Properties (No 1) Ltd (YMS1) to the Respondent (Moorgarth).
PPC and Moorgarth were both subsidiaries of Tradegro (UK)... |
Almost all long leases of flats contain an obligation on the landlord (or a service company) to provide services, such as repairing the exterior and common parts of the block, and a concomitant obligation on the tenants to pay service charges, ie a specified proportion of the cost of providing such services.
The right ... | Provisions in the Landlord and Tenant Act 1985 (the 1985 Act) and the Service Charges (Consultation requirements) (England) Regulations 2003 (SI 2003/1987) impose statutory requirements and restrictions on a landlord, which impinge on its ability to recover service charges from tenants, typically of flats in a block of... |
This appeal relates to personal independence payment, which is a non means tested allowance paid to certain people with long term health problems or disability.
The appeals focus is upon one of the markers used to determine whether a claimants ability to live his or her daily life is limited, by his or her physical or ... | This appeal concerns the assessment of claimants for personal independence payment (PIP), a non means tested allowance paid to certain people with long term health problems or disability.
The appeals focus is on one of the markers used to determine the extent to which the ability of claimants to carry out daily living ... |
The appellant is the chair of the Chagos Refugees Group.
The Group represents Chagossians whose removal from the British Indian Overseas Territory (the Chagos Islands BIOT) and resettlement elsewhere was procured by the United Kingdom government in the years 1971 to 1973.
The circumstances have generated much national ... | The Appellant is the chair of the Chagos Refugees Group.
He represents residents of the Chagos Archipelago in the British Indian Ocean Territory (BIOT) who were removed and resettled elsewhere by the British Government between 1971 and 1973 and were prevented from returning.
Following earlier proceedings, it remains pr... |
The issue to which this appeal gives rise is whether the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which, but for the licence, would breach a covenant in the lease of his or her flat, where the leases of the other flats require the landlord to... | 11 13 Randolph Crescent is a block of nine flats in Maida Vale, London.
Two of the leases are held by the respondent, Dr Julia Duval, and a third lease is held by Mrs Martha Winfield.
The term of each lease is 125 years from 24 June 1981.
The appellant landlord owns the freehold of the building and is also the manageme... |
By its judgment in this appeal dated 24 March 2010 the Supreme Court referred to the Court of Justice five questions regarding the nature and assessment of the concept of paid annual leave in articles 7 of Council Directives 93/104/EC and 2003/88/EC and clause 3 of the European Agreement annexed to and intended to be i... | The appeal concerns the nature and assessment of paid annual leave required by the Civil Aviation (Working Time) Regulations 2004 (the Regulations).
The appellants are pilots employed by the respondent (British Airways).
Their terms of employment are found in a Memorandum of Agreement (MOA).
The MOA provides for pilots... |
The issue on this appeal is whether the appellant, Airtours Holidays Transport Ltd (formerly MyTravel Group plc), is entitled to recover, by way of input tax, Value Added Tax (VAT) charged by PricewaterhouseCoopers LLP in respect of services provided by PwC and paid for by Airtours.
The factual and procedural backgroun... | In October 2002, Airtours Holidays Transport Ltd (Airtours) was in serious financial difficulties.
It was suggested to Airtours that it should commission an accountants report to satisfy the 80 or so banks and other financial institutions (the Institutions) from which it had borrowed money that its proposed restructuri... |
These appeals are concerned with applications made by foreign nationals, residing unlawfully in the UK, for leave to remain here as the partners of British citizens with whom they have formed relationships during the period of their unlawful residence.
The appellants rely primarily on the duty imposed on the Secretary ... | These proceedings relate to applications made by two foreign nationals, Ms Agyarko and Ms Ikuga, residing unlawfully in the UK, for leave to remain in the UK as partners of British citizens with whom they have formed relationships during the period of their unlawful residence.
The Secretary of States decision in each c... |
The appellant (Onur), a Turkish corporation, appeals against orders made by Patten LJ in the Court of Appeal on 21 January 2016.
An understanding of the nature of his orders requires reference to the following summary of the background.
(a) On 22 May 2014 Rose J, [2015] 1 BCLC 89, gave judgment against Onur in favour o... | The appellant is a Turkish airline, largely owned by Mr Bagana.
Prior to its liquidation, the respondent was a holiday tour company which had been wholly owned by Mr Aydin.
The respondent, by its liquidator, sued the appellant in relation to two agreements between the parties.
Rose J held that the appellant had dishone... |
This is the judgment of the court.
This case is about the proper approach to deciding who has been responsible for harming a child in proceedings taken to protect that child, and others in the family, from harm.
It raises profound issues: on the one hand, children need to be protected from harm; but on the other hand, ... | The case concerns the proper approach to deciding who has been responsible for harming a child in proceedings taken to protect that child, and others in the family, from harm and the consequences of such a decision.
At a fact finding hearing, the judge decided that either the mother or the father had injured their baby... |
This appeal concerns the proper interpretation and effect of section 4(1) of the Explosive Substances Act 1883 (section 4(1) and the 1883 Act, respectively).
This provides in material part as follows: Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circum... | The appellant is 22 years old and, prior to these proceedings, had no convictions.
He was diagnosed with Autism Spectrum Disorder as a child and, in 2018, he was living with his mother.
He began purchasing quantities of chemicals online.
According to his account, this was because he had an obsessive interest in militar... |
The issue in this case is whether the Secretary of State for Work and Pensions can continue to recoup Social Fund loans and benefit overpayments by deduction from current benefit payments during the moratorium period after the making of a Debt Relief Order (DRO) under Part 7A of the Insolvency Act 1986.
The present sta... | The issue in the case is whether the Secretary of State can continue to recoup Social Fund loans and overpayment of benefits by deduction from current benefit payments during the moratorium period after the making of a Debt Relief Order (DRO) under Part 7A of the Insolvency Act 1986 (the IA).
Mrs Payne obtained a Socia... |
This appeal concerns an application made by the appellant, Professor Shanks OBE FRS FREng, for compensation under section 40 of the Patents Act 1977 (the 1977 Act) on the basis that the patents for an invention which he made in 1982 have been of outstanding benefit to his employer, the third respondent, Unilever UK Cen... | From 1982 to 1986, Professor Shanks (the appellant) was employed by Unilever UK Central Resources Ltd (CRL).
CRL employed the UK based research staff of the Unilever group of companies (Unilever).
It was not a trading company and was a wholly owned subsidiary of Unilever plc.
While employed by CRL, Professor Shanks con... |
Information is the key to sound decision making, to accountability and development; it underpins democracy and assists in combatting poverty, oppression, corruption, prejudice and inefficiency.
Administrators, judges, arbitrators, and persons conducting inquiries and investigations depend upon it; likewise the press, N... | The appellant, Mr Kennedy, is a journalist with The Times.
On 8 June 2007 he made a request to the Charity Commission under the Freedom of Information Act 2000 (the FOIA) for disclosure of information concerning three inquiries conducted by the Charity Commission between 2003 and 2005 into the Mariam Appeal, which was ... |
This is the judgment of the court.
The appellant, Mr Zoumbas, challenges a decision by the Secretary of State for the Home Department dated 4 October 2011 that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Imm... | Delivering the Courts judgment, Lord Hodge sets out seven principles relevant in the case [10], which counsel for Mr Zoumbas had enumerated.
He notes that Lord Kerrs formulation spoke of dictating the outcome of cases such as ZH, and in that case the Court was dealing with British citizens, unlike the children in this ... |
For some years The Times and other media organisations have taken a close interest in investigating and reporting on allegations that the police and child protection authorities have failed adequately to confront a pattern of crime involving the sexual exploitation of vulnerable young teenage girls by older men.
It nee... | This appeal arises out of the trial of nine men on charges involving organised child sex grooming and child prostitution in the Oxford area as part of Thames Valley Polices Operation Bullfinch.
On 14 May 2013 seven of the men were convicted.
The appellant is a prominent figure in the Oxford area, who was arrested at ab... |
This appeal raises a short issue as to the requirements for valid service of a completion notice so as to bring a newly completed building within liability for non domestic rates.
The statutory framework
Liability for non domestic rates depends on a property being entered as a hereditament in the rating list.
The compl... | Liability for non domestic rates depends on a property being entered as a hereditament in the rating list.
Section 46A of and Schedule 4A to the Local Government Finance Act 1988 (the 1988 Act) create a completion notice procedure, by which a new building that has not yet been occupied may be brought into the rating li... |
The issue raised on this appeal and cross appeal is whether three products manufactured by the Actavis group of companies (Actavis) would infringe a patent whose proprietor is Eli Lilly & Company (Lilly), namely European Patent (UK) No 1 313 508 (the Patent), and its corresponding designations in France, Italy and Spai... | The appeal concerns whether three products manufactured by the Actavis group of companies (Actavis) would infringe a patent whose proprietor is Eli Lilly & Company (Lilly), namely European Patent (UK) No 1 313 508 and its corresponding designations in France, Italy and Spain.
The patent relates to the use of the chemic... |
Recitals 4, 5 and 7, taken together with Article 1, of Council Directive 2003/9/EC (the Reception Directive), encapsulate its purpose.
They respectively provide: The recitals (4) The establishment of minimum standards for the reception of asylum seekers is a further step towards a European asylum policy. (5) This Direc... | The Supreme Court unanimously dismisses the Secretary of States Appeal holding that the Reception Directive can apply to second and subsequent applications for asylum.
Lord Kerr delivered the judgment of the Court.
The Supreme Court identified two principal issues in the appeal: (1) whether Article 11 of the Reception ... |
It was not until the end of the last century that those who were thinking about the reform of the law in Scotland paid any attention to the problems created when men and women decide to live together without getting married.
The traditional approach was that nothing short of marriage would create rights in each others ... | This appeal is concerned with the meaning and effect of section 28 of the Family Law (Scotland) Act 2006 which, for the first time, enables a cohabitant to apply to the court for a financial provision where the cohabitation ends otherwise than by the death of one of the parties.
The court may make an order for payment ... |
The Aarhus Convention (more fully, the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters) requires that the procedures to which it refers should be fair, equitable, timely and not prohibitively expensive (article 9.4).
Although the United Kingdom... | This appeal concerns the meaning of prohibitively expensive under the Aarhus Convention.
The proceedings concerned a cement works in Rugby.
On 12 August 2003, the Environment Agency issued a permit to continue operations with an alteration in its fuel from coal and petroleum coke to shredded tyres.
This proposal gave r... |
The respondents, Birmingham City Council, are a local housing authority within the meaning of Part VII of the Housing Act 1996.
This is the Part of the Act which sets out the duties that local housing authorities owe to a person who is homeless or threatened with homelessness.
Among its provisions is section 193, which... | The Housing Act 1996 places a duty on local housing authorities to ensure that suitable accommodation is available for homeless persons who fulfil certain criteria.
An authority may cease to be subject to that duty where an applicant refuses an offer of accommodation, but only if the authority notifies him, in writing,... |
The facts giving rise to this appeal can be shortly summarised, although they are more fully set out in the judgments of Lord Sumption at paras 56 59 and of Lords Toulson and Hodge at paras 113 116 below.
Bilta (UK) Ltd is an English company which was compulsorily wound up in November 2009 pursuant to a petition presen... | Bilta (UK) Ltd was compulsorily wound up in November 2009 pursuant to a petition presented by HMRC.
Biltas liquidators then brought proceedings against its two former directors (the directors) and against Jetivia SA, (a Swiss company) together with Jetivias chief executive (the appellants).
The claim alleges that the a... |
In March 1998 Mr Brian Pitchers owned two buildings, at 23 and 25 Moss Street, Paisley.
The tenants of the ground floor shop at number 23 were Morrison Sports Ltd (Morrison Sports).
On 6 March 1998 the building at number 23 was destroyed by fire.
The neighbouring building at number 25 was also damaged and had to be dem... | At the heart of this appeal is whether a breach of certain provisions of the Electricity Supply Regulations 1988 can give rise to a private right of action.
In March 1998 Mr Brian Pritchers owned two buildings, at 23 and 25 Moss Street, Paisley.
The tenants of the ground floor shop at number 23 were Morrison Sports Ltd... |
The first and principal question before us is whether the parties right of prorogation, to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine a childs future, contained in article 12 of Council Regulation (EC) No 2201/2003 (Brussels II Revised), can apply to a child who... | This appeal concerns whether an English court has jurisdiction to determine the future level of contact between a child and his mother where the child does not habitually reside in an EU Member State.
Under article 12.3 of Council Regulation (EC) No 2201/2003 (Brussels II Revised) parties are able to opt in to the juri... |
The appellants are insurance companies, whose business includes the writing of employers liability insurance policies.
They undertake to indemnify the employer in respect of any liability incurred by it for harm or injury arising out of the employers negligence.
They have brought these proceedings to challenge the lawf... | The appellants are insurance companies which have undertaken to indemnify employers against liability for negligence.
They sought to challenge the lawfulness of an Act of the Scottish Parliament (the Damages (Asbestos related Conditions) (Scotland) Act 2009, the 2009 Act) which provides that asbestos related pleural pl... |
Each of the appellants has been committed for trial at the Crown Court on charges of false accounting.
I shall refer to them as the defendants.
The charges relate to claims in respect of parliamentary expenses and are alleged to have been committed when each defendant was a serving member of the House of Commons.
A fou... | These appeals concern whether the criminal courts are prevented from trying certain former Members of Parliament on charges relating to expenses claims on the basis that the proceedings would infringe parliamentary privilege.
The three Appellants, Mr Morley, Mr Chaytor and Mr Devine have been committed for trial in the... |
The appeals relate to the proper interpretation of paragraph 49 of the National Planning Policy Framework (NPPF), which is in these terms: Housing applications should be considered in the context of the presumption in favour of sustainable development.
Relevant policies for the supply of housing should not be considere... | These appeals relate to the proper interpretation of paragraph 49 of the National Planning Policy Framework (NPPF), as well as the NPPFs relationship with the statutory development plan.
Part 2 of the Planning and Compulsory Purchase Act 2004 requires local planning authorities to prepare a development plan.
In prepari... |
Biometric data such as DNA samples, DNA profiles and fingerprints is of enormous value in the detection of crime.
It sometimes enables the police to solve crimes of considerable antiquity.
There can be no doubt that a national database containing the data of the entire population would lead to the conviction of persons... | Section 64 of the Police and Criminal Evidence Act 1984 (PACE) required the destruction of samples or fingerprints taken from a person in connection with the investigation of an offence if he was cleared of that offence.
Section 64(1A) of PACE, enacted by section 82 of the Justice and Police Act 2001 (the 2001 Act), re... |
The appeals now before the Supreme Court in Belhaj and Boudchar v Straw and Ministry of Defence v Rahmatullah concern the alleged complicity of United Kingdom authorities and officials in various torts, allegedly committed by various other states in various overseas jurisdictions.
The torts alleged include unlawful det... | This judgment is one of a number given by the Supreme Court today on issues arising from alleged complicity of United Kingdom officials in allegedly tortious acts of the UK or other states overseas.
Mr Belhaj and his wife were detained in Kuala Lumpur in 2004.
The respondents allege that MI6 informed the Libyan authori... |
The United Kingdom operates a points based system (PBS) for the grant of leave to remain to non EU nationals who wish to work or study here.
There are five tiers, and for the purposes of this appeal the relevant tier is Tier 2 (General) Migrant.
The applicant migrant must be sponsored by an employer which is licensed t... | The Appellant made an application for leave to remain as a Tier 2 (General) Migrant in the UK.
At the time his application was made, it was supported by a valid certificate of sponsorship (CoS) from his employer, Submania Limited (Submania).
However, the Home Office revoked Submanias sponsor licence while the applicati... |
The appeal arises in another case which involves the meaning of credit, the amount of credit and the charge for credit in the Consumer Credit Act 1974 (the Act).
The case for the appellant borrowers is that the respondent lender failed correctly to state the amount of credit in the loan agreement.
If that case is accep... | The parties entered into a fixed sum credit agreement on 20 April 2005 whereby Southern Pacific Securities (the respondent) loaned Mr and Mrs Walker (the appellants), the sum of 17,500.
In addition to the loan a Broker Administration Fee of 875 was advanced to the appellants to enable them to pay for the arrangement of... |
The appeal concerns a proposed development by Crisp Maltings Group Ltd (CMGL) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (the council).
It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group.
The proposal involved the erection o... | The appeal concerns a proposed development by Crisp Maltings Group Limited (CMGL) at a plant in the area of the North Norfolk District Council (the council).
The development comprised two silos and a lorry park with associated facilities on a site close to the River Wensum.
The appellant, Mr Champion, is a member of th... |
This is the judgment of the Court on the issue of whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or commission.
The answer to this rather technical ... | This appeal concerns the issue of whether a bribe or secret commission received by an agent is held by that agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or commission.
If the bribe or commission is held on trust, the pr... |
Mrs Owens appeals against an order of the Court of Appeal dated 24 March 2017 (Sir James Munby, the President of the Family Division, and Hallett and Macur LJJ), [2017] EWCA Civ 182, [2017] 4 WLR 74, by which it dismissed her appeal against the dismissal of her petition for divorce by Judge Tolson QC (the judge) on 25 ... | The Appellant, Mrs Owens, and the Respondent, Mr Owens, were married in 1978 and have two adult children.
Mrs Owens had been contemplating a divorce since 2012 (when she consulted solicitors who prepared a draft divorce petition for her) but it was not until February 2015 that she left the matrimonial home.
The parties... |
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