Recent Cases

Paul and Another v The Royal Wolverhampton NHS Trust 04-Jun-20 QBD
Nervous shock - liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant's negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
Barlow v Wigan Metropolitan Borough Council 01-Jun-20 CA
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .
Challen v Challen and Another 27-May-20 ChD
Forfeiture rule disapplied after spousal abuse
The claimant sought the disapplication of the forfeiture rule. She had been convicted of the manslaughter of her seriously abusive husband. The court considered whether a conviction for murder set aside and replaced with one of manslaughter was a . .
London Borough of Hackney v Okoro 27-May-20 CA
Coronavirus stay applies under appeal also
Proper construction of Practice Direction 51Z, 'Stay of Possession Proceedings - Coronavirus' ('PD 51Z') - whether the automatic stay imposed by PD 51Z applies to appeals from possession orders that were extant when the stay began, as much as to . .
Jenkins v Director of Public Prosecutions and Another 22-May-20 Admn
Short term possession of stun gun
The appellant challenged the decision of the justices finding him guilty on summary conviction of an offence of possession of a weapon designed or adapted for the discharge of electrical current for incapacitation contrary to s. 5(1)(b) and Schedule . .
Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care 21-May-20 Admn
No interim relief for Mosque Services
The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities . .
ZXC v Bloomberg Lp 15-May-20 CA
Expectation of Privacy for police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant's privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Adams, Regina v (Northern Ireland) 13-May-20 SC
Secretary of State' alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Borwick Development Solutions Ltd v Clear Water Fisheries Ltd 01-May-20 CA
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .
DSN v Blackpool Football Club Ltd 20-Mar-20 QBD
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: 'It is correct that an order for indemnity costs means . .
Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another 10-Mar-20 CA
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent's policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
Scott v LGBT Foundation Ltd 03-Mar-20 QBD
Disclosure of risk of self harm made no claim
The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr . .
Re Al M (Children) 28-Feb-20 CA
Publication of Children judgment - wide publicity
F brought wardship proceedings in respect of M and F's two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council 18-Feb-20 CA
Appropriation was not in sufficient form
The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.