England and Wales Case Law

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund & Ors v The Secretary of State for Science, Innovation and Technology

Representative claims under CPR 19.8 may proceed only if damages can be assessed on a common basis without individualised inquiry; since the claimants' proposals do not adequately address practicalities if causation arguments fail, the court grants a limited further opportunity for claimants to demonstrate viability, but does not bring the representative claims to an end at this stage. PPL is permitted to intervene by written submissions under the court's inherent jurisdiction.

Source excerpt

• Representative actions
• Francovich damages
• Equitable remuneration
• Eu law implementation
• Case management
• Intervention

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Sky UK Ltd v The Office of Communications

Sky UK Ltd v The Office of Communications [2025] EWCA Civ 1118 (22 August 2025)

The Court of Appeal held that, under s.32 of the Communications Act 2003, content services are excluded before applying the test for an electronic communications service.

• Statutory interpretation
• Electronic communications services
• Content regulation
• Broadcasting regulation
• Eu law implementation
• Statutory-interpretation

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International Game Technology PLC & Ors v The Gambling Commission

The claimants do not have standing to bring a procurement challenge under CCR16 because none submitted a bid for the Fourth National Lottery Licence, and CCR16 does not expand standing beyond unsuccessful bidders. The definition of economic operator must be interpreted purposively in line with EU law and does not include sub-contractors or suppliers who did not bid. The GPA does not apply to lottery services or services concession contracts, so no duty is owed to the US-based claimant.

Source excerpt

• Standing
• Economic operator definition
• Remedies directive
• Concession contracts regulations
• Gold plating
• Eu law implementation

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Kocur v Angard Staffing Solutions Ltd & Anor

The Court of Appeal held that agency workers are not entitled to the same weekly hours as permanent staff under the Agency Workers Regulations 2010.

• Agency workers
• Equal treatment
• Working time
• Employment contracts
• Eu law implementation
• Agency-workers

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The Commissioners for HMRC v Sharya UK LTD

Upper Tribunal held HMRC’s customs demands were late-appealed and refused permission for all 40 appeals out of time, setting aside the FTT.

• Import vat
• Customs duty
• Service of notices
• Late appeals
• Jurisdiction of tribunal
• Eu law implementation

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M Najib & Sons Ltd v Crown Prosecution Service

M Najib & Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 909 (26 April 2018)

Appeal allowed. The Court of Appeal held that the Regulations did not impose a legal duty on a slaughterhouse to assist in sheep TSE sampling.

• Statutory interpretation
• Regulatory compliance
• Eu law implementation
• Criminal liability
• Sampling obligations
• Criminal-appeals

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Sussex Police v Secretary of State for Transport & Anor

Sussex Police v Secretary of State for Transport & Anor [2016] EWHC 2280 (QB) (28 September 2016)

The High Court partly granted a police disclosure application over AAIB materials from the Shoreham air crash, ordering disclosure of cockpit film footage but refusing other records.

• Disclosure of evidence
• Public interest immunity
• International treaties
• Eu law implementation
• Accident investigation confidentiality
• Air-accident-investigation

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Whistl UK Ltd (formerly TNT Post UK Ltd), R (on the application of) v HM Revenue and Customs

Whistl UK Ltd (formerly TNT Post UK Ltd), R (on the application of) v HM Revenue and Customs [2014] EWHC 4118 (Admin) (08 December 2014)

Post-judgment ruling on permission to appeal and costs in related VAT exemption judicial review claims involving Whistl, HMRC, and Royal Mail Group.

• Vat exemption
• Costs orders
• Judicial review procedure
• Eu law implementation
• Administrative-law
• Tax-law

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Football Association Premier League Ltd v QC Leisure & Ors

Court of Appeal held that section 72(1)(c) of the CDPA remained a defence, even if UK law did not fully implement the Copyright Directive.

• Communication to the public
• Copyright infringement
• Statutory interpretation
• Eu law implementation
• Exceptions to copyright
• Broadcasting rights

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Cogent Land Llp v Rochford District Council & Anor

Cogent Land Llp v Rochford District Council & Anor [2012] EWHC 2542 (Admin) (21 September 2012)

Judicial review challenge to Rochford’s Core Strategy failed. The court held that the sustainability appraisal addendum lawfully cured earlier defects and the adoption process was fair.

• Strategic environmental assessment
• Sustainability appraisal
• Local development plans
• Judicial review
• Public consultation
• Eu law implementation

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