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Court: Court of Appeal (Civil Division)

Court of appeal finds remedies in unintentional indirect discrimination case compatible with EU law

Wisbey v Commissioner of the City of London Police & Anr [2021] EWCA Civ 650

The appellant is a police officer in the City of London Force (the first respondent in the proceedings before the Tribunal, and the respondent in this appeal).  He was an authorised firearms officer (“AFO”). Throughout his employment as a police officer he has had a form of defective colour vision which had no obvious effect […]

Court of Appeal refuse application for judicial review against CPS handling of rape cases

R (End Violence Against Women Coalition) v The Director Of Public Prosecution [2021] EWCA Civ 350

This is the judgment of the court on an application for judicial review being heard at first instance in the Court of Appeal. The claimant is a campaigning organisation with deep concerns about the low and declining rate of prosecutions for rape and serious sexual offences when compared with the number of alleged offences reported […]

Court of Appeal rules Litigation Funding Agreements are not subject to regulation as Damage-Based Agreements

Paccar Inc. v RHA and UKTC [2021] EWCA Civ 299.

The case concerned the question of whether litigation funding agreements were to be classified as ‘damages-based agreements’ falling within the terms of section 58AA(3) of the Courts and Legal Services Act 1990 and were therefore unenforceable unless they conformed with Damages-Based Agreements Regulations 2013 (and were altogether unenforceable in competition law ‘opt out’ damages claims, […]

Art 33 Status of Refugees 1951 Convention claims should be brought at the same time as Art.1(F)(c) claims

R (YASSER AL-SIRI) v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] EWCA Civ 113

The Home Secretary appealed against a decision quashing her refusal to grant the respondent (Y) refugee status. In 2015 the First-tier Tribunal decided that Y was not excluded from the Convention relating to the Status of Refugees 1951 (United Nations) and that he was a refugee. The Upper Tribunal upheld that decision. In 2018 the […]

Digital versions of newspaper print editions are not “newspapers”

Revenue & Customs Commissioners v News Corp UK & Ireland LTD [2021] EWCA Civ 91

HMRC appealed against the Upper Tribunal’s decision that the digital versions of newspapers published by the respondent were “newspapers” within the meaning of the Value Added Tax Act 1994 Sch.8 Group 3 Item 2 and were therefore zero-rated for VAT purposes. Directive 2006/112 aimed to harmonise VAT legislation and imposed a requirement on Member States to apply a […]