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England and Wales Case Law

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Employment law

A Muda v Malaysia

The claimant's employment and claim were not sufficiently close to governmental functions to constitute an act of sovereign authority; her claim was for pay under a contract and did not engage sovereign authority. The ET's findings of fact and evaluative judgment were correct and contained no error of law.

  • State immunity
  • Sovereign authority
  • Employment contracts
  • Unlawful deduction from wages
  • Remedial orders
  • Compatibility with echr
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Employment law [2026] EWCA Civ 8

Rubery v Ministry of Defence

Rubery v Ministry of Defence [2026] EWCA Civ 8 (15 January 2026)

Court of Appeal dismissed Mrs Rubery’s appeal over Employment Tribunal jurisdiction in a service-complaints discrimination case, holding section 121 of the Equality Act 2010 was not incompatible with Articles 6 and 14.

  • Jurisdiction of employment tribunal
  • Indirect discrimination
  • Victimisation
  • Interpretation of equality act 2010
  • Compatibility with echr
  • Service complaints procedure
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Criminal law [2025] EWHC 178 (Admin)

Marin & Anor v Court of Ilfov, Romania

Marin & Anor v Court of Ilfov, Romania [2025] EWHC 178 (Admin) (31 January 2025)

Extradition appeal dismissed. The High Court held both appellants were deliberately absent from their Romanian appeal and that extradition was proportionate under Article 8.

  • Extradition proceedings
  • Article 8 echr
  • Section 20 extradition act 2003
  • Compatibility with echr
  • Deliberate absence from appeal
  • Right to retrial
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Human rights law [2025] EWCA Civ 59

Kingdom of Spain v Lorenzo (Supplementary Judgment)

Kingdom of Spain v Lorenzo (Supplementary Judgment) [2025] EWCA Civ 59 (29 January 2025)

The Court of Appeal made a declaration that section 4(2)(a) of the State Immunity Act 1978 is incompatible with Article 6 ECHR, and ordered costs.

  • State immunity
  • Compatibility with echr
  • Declaration of incompatibility
  • Article 6 echr
  • Pro bono costs
  • State-immunity
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Employment law

The Kingdom of Spain v Lydia Lorenzo

The Court of Appeal upheld the rejection of Spain’s immunity defences in Lydia Lorenzo’s Equality Act claims, holding the employment was not sovereign in character.

  • State immunity
  • Diplomatic immunity
  • Constructive dismissal
  • Racial discrimination
  • Harassment
  • Compatibility with echr
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Tax law [2024] EWHC 2009 (KB)

Revenue And Customs v Labeikis & Ors

Revenue And Customs v Labeikis & Ors [2024] EWHC 2009 (KB) (07 August 2024)

The High Court allowed HMRC’s appeal and struck out Part 8 claims challenging the Loan Charge as an abuse of process, holding they should have been brought by judicial review.

  • Loan charge
  • Disguised remuneration schemes
  • Abuse of process
  • Judicial review
  • Declaratory relief
  • Compatibility with eu law
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Tax law

The Commissioners for HMRC v Donatas Labeikis & Ors

The Part 8 claims are public law challenges to the validity of tax legislation and should have been brought by judicial review under CPR Part 54. The existence of a 3-month time limit for judicial review and the possibility of an extension under CPR 3.1 do not justify an exception to the exclusivity principle. The statutory tribunal process provides an effective remedy, including for EU law issues, and the principle of effectiveness does not require immediate declaratory relief in the High Court. The claims are an abuse of process and should be struck out. The application for recusal is witho…

  • Loan charge
  • Disguised remuneration schemes
  • Abuse of process
  • Judicial review exclusivity
  • Compatibility with eu law
  • Compatibility with echr
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Criminal law [2023] EWCA Crim 1100

Hussain & Anor, R. v

Hussain & Anor, R. v [2023] EWCA Crim 1100 (31 July 2023)

The Court of Appeal Criminal Division refused applications to certify questions of law for Supreme Court appeal, holding it had no power to do so after refusal of leave.

  • Certification of questions of law
  • Leave to appeal
  • Secondary liability
  • Joint enterprise
  • Compatibility with echr
  • Statutory interpretation
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Tax law [2020] EWCA Civ 1744

Cartref Care Home Ltd & Ors, R (on the application of) v HM Revenue and Customs

Cartref Care Home Ltd & Ors, R (on the application of) v HM Revenue and Customs [2020] EWCA Civ 1744 (18 December 2020)

The Court of Appeal refused permission to appeal in a challenge to HMRC’s Loan Charge, holding the retrospective taxation issue had become academic after 2020 amendments.

  • Retrospective taxation
  • Disguised remuneration
  • Loan charge
  • Compatibility with echr
  • Judicial review procedure
  • Costs orders
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