Abstract meaning

Leonard and others v Leonard (by her litigation friend Sharon Thompsett) and others [2024] EWHC 321 (Ch) What are the practical implications of this case? Banks v Goodfellow The common law test for testamentary capacity is well recognised by litigators practising in this area. Under Banks v Goodfellow (1869-70) LR 5 QB 549, a testator has capacity only if they can satisfy the following: be capable of understanding the nature and effect of making a Will be able to understand the extent and value of the property or estate they are disposing of be able to comprehend and properly weigh the claims to which they ought to give effect have no disorder of the mind that distorts their sense of right or prevents the natural exercise of their faculties when disposing of property by Will The judge held that the first limb requires consideration of the provisions of the particular Will in question (relying on Hughes v Pritchard...

Priyanka Shipping Ltd v Glory Bulk Shipping Pte Ltd [2019] EWHC 2804 (Comm), [2019] All ER (D) 176 (Oct) What are the practical implications of this case? This judgment neatly distils the rules on enforcing negative covenants through injunctive relief. It cautions parties against attempting to sidestep such restrictions by paying damages instead. The court emphasised the strong policy of holding parties to their bargains, and the authorities confirm that a defendant cannot simply buy the ability to trespass on the claimant’s contractual rights by paying compensation. The court also recapped the framework for negotiating damages (formerly termed Wrotham Park damages), concluding that such awards arise only where the breach causes the loss of a valuable asset that is created or safeguarded by the right infringed, as opposed to the contractual right in the abstract. What was the background? In April 2019, Priyanka Shipping Ltd (buyer) agreed to buy a vessel from Glory Bulk Shipping Pte Ltd, the seller, under a memorandum of agreement dated 26...

Malik and others v Messalti [2024] EWHC 2713 (Ch) What are the practical implications of this case? The emphasis under IA 1986, s 423(3) lies on the transferor’s subjective aim, rather than the consequences of the disposition. A transfer for less than full value can be impugned under IA 1986, s 423 where the transferor’s broad, abstract intention is to keep assets out of creditors’ reach, even without contemplating any specific existing or prospective creditor or class. There is no requirement for the transferor to know of any, or all, actual or potential creditors at the time of the transfer. A gift, or a declaration of trust, is only vulnerable if the prohibited purpose is proved (though it need not be the sole reason for the deal). The transferor’s awareness (or lack of awareness) of particular creditors may inform the factual inquiry into whether that purpose was in fact held, but it is not decisive. In this matter, the face of the instrument of transfer contained concrete evidence that...

The freedom of information case archive captures and distils notable decisions and case law on the enforcement of the Freedom of Information Act 2000 (FIA 2000) and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391. For background reading, see: Freedom of information—overview; Environmental information regulation—overview. Under each heading, the archive records previous rulings from the following: Court of Appeal (CA) Upper Tribunal (UT) Alongside the key elements of each ruling, where possible there are links to news analysis and commentary from the Freedom of Information Journal, available to Lexis®Library subscribers. For the most recent FIA 2000 and EIR 2004 rulings, see Practice Note: Freedom of information case tracker. For further archived decisions, see archived Practice Notes: Freedom of information case tracker [Archived]; Access to environmental information case tracker [Archived]. Court of Appeal (CA) Citation: Willow v Information Commissioner & Ministry of Justice [2017] EWCA Civ 1876, CA, 22 November 2017 Summary: Considerations relevant to identifying the...

The freedom of information (FOI) case tracker collates and outlines notable judgments and case law concerning the application of the Freedom of Information Act 2000 (FIA 2000) and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391... Background reading Freedom of information—overview Environmental information regulation—overview Courts covered Supreme Court (SC) Court of Appeal (CA) Upper Tribunal (UT) Alongside concise case particulars, where feasible the tracker includes links to news analysis and commentary published in the Freedom of Information Journal, available to Lexis®Library subscribers... Archived decisions [Archived] Access to environmental information case tracker [Archived] Supreme Court (SC) Citation: Department for Business and Trade v Information Commissioner [2025] UKSC 27 Summary: Supreme Court confirms cumulative public interest test under FIA 2000 Abstract: The Supreme Court determined that, under FIA 2000, s 2(2)(b), public authorities may weigh and combine public interest considerations across multiple qualified exemptions...

ARCHIVED This Practice Note is no longer being updated. It is kept for historical interest and to give practitioners a quick snapshot of developments in extradition case law across 2019. The Note logs extradition appeal judgments month by month from January 2019. For key 2018 decisions, see Practice Note: Extradition appeals tracker—2018 decisions [Archived]. If you know the judgment date, use the list below or the links on the left-hand side of the screen to jump straight to the relevant table. Alternatively, search this Practice Note with [CTL]+[F] using the case name, citation, or a suitable term. Extradition appeal cases by month January 2019 February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 August 2019 September 2019 October 2019 November 2019 December 2019 December 2019 Case: Asenov v Local Court of Arad Romania [2019] EWHC 3489 (Admin), [2019] All ER (D) 142 (Dec). Abstract/summary: Extradition—Proportionality....