April 2023
26/4/23
TRUSTEES OF THE BARRY CONGREGATION OF JEHOVAH’S WITNESSES v BXB [2023] UKSC 15
Summarises principles of vicarious liability [58] by which one person is liable for the tortious wrongdoing of another. The relationship needs to be akin to that of employer-employee and the wrongful conduct sufficiently closely connected with acts the tortfeasor was authorised to do.
25/4/23
MEHMI v REID-BOBERTS [2023] EWHC 1174 (Ch)
An application to extend time to file notice of appeal must be approached as an application for relief from sanction (R (Hysaj) v Secretary of State, 2015). A 78 day delay appealing a possession order was serious and significant because it was so long and the appeal notice had only been issued after the respondents had sought to enforce the order by instructing bailiffs. There was a clear inference that it was only this that caused the appellant to seek to appeal. The fact that the appellant was a litigant in person was not a good reason for failing to comply with the rules. It was relevant that the claim concerned the appellant’s home, but against that the respondents had been entitled to conclude that the appellant had decided not to appeal, and this was a case in which the court could reach a clear view that the appeal lacked merit.
19/4/23
HUNT (PROVISIONAL LIQUIDATOR OF BLACK CAPITAL) v UBHI [2023] EWCA Civ 417
A judge had been wrong to continue a freezing order in circumstances where the applicant, the provisional liquidator of an insolvent partnership, had only given a cross-undertaking in damages limited to the net realisable value of the unpledged assets of the partnership.
5/4/23
THE OFFICIAL RECEIVER v SHOP DIRECT FINANCE LIMITED [2023] EWCA Civ 367
In considering whether a complainant who is bankrupt referred his complaint to the Financial Ombudsman Service (FOS) more than three years from the date on which he became aware (or ought reasonably to have become aware) that he had cause for complaint (within rule DISP2.8.2R(2)(b) of the FCA Handbook), the relevant awareness is not only that of the Official Receiver (OR). It can include awareness of the bankrupt before the OR’s appointment.
5/4/23
THE REVEREND PAUL WILLIAMSON v THE BISHOP OF LONDON [2023] EWCA Civ 379
Proceedings are a nullity if brought without permission of the court as required by a civil restraint order.