ICLR Case Reports and Summaries - last 7 days

MARRIAGE — Financial provision — Enforcement — — Divorcing spouse applying for third party debt order directed to funds possibly retained on account by non-paying spouse’s solicitors — Whether power to make third party debt order in respect of judgment debt owed in financial remedy proceedings — Whether solicitors to be awarded costs — CPR r 72, PD72

PRACTICE — Anonymity order — Child claimant — Claimant bringing clinical negligence claim in respect of personal injuries suffered at birth — Defendant admitting liability — Claimant applying for withholding order and reporting restrictions order before quantum hearing — Whether court having inherent common law power to derogate from principle of open justice by making such orde...

EUROPEAN UNION — Freedom of movement — Right to reside — French applicant residing in UK pursuant to EU right to reside for three months — Applicant granted pre-settled status within transition period of UK’s withdrawal from EU — Whether Withdrawal Agreement entitling applicant to equal treatment with UK nationals — Whether applicant “residing on the basis of” Withdrawal Agreeme...

EQUITY — Fiduciary duty — Breach — Defendant’s powers as director of BVI company ending on commencement of liquidation — Whether defendant assuming fiduciary duty by effecting transfer of shares owned by company

JUDICIAL PRECEDENT — Decision of Court of Appeal in Northern Ireland — Weight to be accorded to — Decision of Court of Appeal in Northern Ireland on identical issue concerning identically-worded legislative provisions — Whether to be followed by Court of Appeal in England and Wales — Circumstances in which permissible to depart from such decision