England and Wales Case Law

HM Revenue & Customs Commissioners v John Patrick Walsh

Mr Walsh has no real prospect of successfully defending the claim; statutory tax debts are conclusive and cannot be challenged in civil proceedings. No good reason exists to set aside or vary the default judgment. Application was not made promptly and relief from sanction is not justified. Orders for sale of properties (excluding Woodways) are granted; enforcement is lawful and proportionate under the statutory scheme and ECHR.

Source excerpt

• Vat assessments
• Income tax assessments
• Capital gains tax assessments
• Charging orders
• Default judgment
• Relief from sanctions

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Adrian Dragan v District Court of Baila (Romania)

The appeal is dismissed because the dual criminality requirement is met, double jeopardy does not apply, there is no flagrant breach of ECHR rights, the Article 8 claim fails, and there is no abuse of process. The Romanian proceedings were not shown to be fundamentally unfair or to violate the appellant's rights.

Source excerpt

• Dual criminality
• Double jeopardy
• Abuse of process
• Echr article 5
• Echr article 6
• Echr article 8

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WA, R (on the application of) v Director of Legal Aid Casework & Anor

Judicial review of a legal aid refusal was allowed. The court held a child can be a member of both separated parents’ households for means assessment.

• Legal aid eligibility
• Means assessment
• Household definition
• Guidance interpretation
• Echr article 6
• Echr article 8

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Igor Gisca v Prosecutor General of Trieste, Italy

The High Court granted permission to appeal in an extradition case, found arguable issues on fugitivity, delay, and Article 8, and allowed amendment to revive a section 20 ground.

• Extradition
• Fugitivity
• Right to fair trial
• Delay and oppression
• Echr article 8
• Echr article 6

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'Closed Hearings' and 'Closed Material': Guidance

'Closed Hearings' and 'Closed Material': Guidance [2023] EWCOP 6 (06 February 2023)

Practice guidance from the Court of Protection on when closed hearings and closed material may be used, stressing open justice, fairness, and strict necessity.

• Closed hearings
• Closed material
• Open justice
• Disclosure
• Case management
• Best interests

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CSABA NEMETH & Ors v HUNGARIAN JUDICIAL AUTHORITIES

The High Court refused permission to appeal in Hungarian extradition cases, holding that delay, prison-conditions, Roma-discrimination, and fresh-evidence grounds were not arguable.

• Extradition to hungary
• Echr article 3
• Echr article 5
• Echr article 6
• Prison conditions
• Judicial delay

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Jakubowski v Regional Court In Bialystok Iii Criminal Division, Poland

Jakubowski v Regional Court In Bialystok Iii Criminal Division, Poland [2022] EWHC 660 (Admin) (24 March 2022)

Extradition appeal dismissed. The court held section 20 did not bar surrender and that extradition was not disproportionate under article 8.

• European arrest warrant
• Extradition act 2003
• Echr article 6
• Echr article 8
• Framework decision 2002/584/jha
• Extradition

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MAREK JAKUBOWSKI v REGIONAL COURT IN BIALYSTOK III CRIMINAL DIVISION, POLAND

Extradition appeal dismissed. The court held section 20 did not bar surrender and that extradition would not disproportionately interfere with article 8 rights.

• European arrest warrant
• Conviction in absentia
• Fair trial rights
• Echr article 6
• Echr article 8
• Mutual recognition

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Enterprise Managed Service Ltd & Anor, R (On the Application Of) v Secretary of State for the Ministry of Housing, Communities and Local Government

Enterprise Managed Service Ltd & Anor, R (On the Application Of) v Secretary of State for the Ministry of Housing, Communities and Local Government [2021] EWHC 1436 (Admin) (27 May 2021)

Judicial review over retrospective changes to LGPS exit credits failed, except for limited guidance on how administrators should exercise the new discretion.

• Retrospective legislation
• Local government pension scheme
• Exit credits
• Echr article 6
• Echr article 1 protocol 1
• Pass-through arrangements

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Sekrieru v The Government of Azerbaijan

The High Court dismissed an extradition appeal to Azerbaijan, finding no Article 3 or Article 6 breach and refusing to admit fresh evidence from a co-accused.

• Extradition
• Echr article 3
• Echr article 6
• Prison conditions
• Fair trial
• Assurances

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