Latest Cases

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division refused the claimant solicitor's application for an injunction in order to restrain the release of the six closed files or alternatively their publication and he also sought a delivery up of all nine of the Solicitor Regulation Authority's files to him. The claim was further struck out as disclosing no reasonable grounds for bringing the claim. 

Immigration – Leave to enter. The Administrative Court allowed the application for judicial review of the defendant Secretary of State's decision denying the claimant refugees resident in a sovereign base area in the Republic of Cyprus entry to the United Kingdom. The Secretary of State had failed to consider the view of the United Nations High Commissioner for Refugees that relocation to the Republic of Cyprus was no longer a desirable or practical option. In a supplemental ruling, the court declined the Secretary of State's application to re-open the issue. 

Employment – Contract of service. The Queen's Bench Division held that the claimant was constructively dismissed, by reason of a repudiatory breach of contract by his employer Leeds United Football Club and therefore was entitled to damages for that breach less the amount of any bonuses to be received in respect of his current job. 

Charity – Registration. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appellant's appeal against the finding of a judge that the appellant lacked standing to appeal against a decision by the respondent Charity Commission not to remove certain charities from the Register of Charities. The court held that, among other things, the appellant could not be considered to be a person affected by the decision for the purposes of the Charities Act 2011. 

Charity – Gift aid. The Chancery Decision granted the Charity Commission of England and Wales a declaration that interim managers of a charity (the Cup Trust) should be at liberty to discontinue an appeal against the Revenue and Customs Commissioners' rejection of its claims for Gift Aid on donations from certain taxpayers, in respect of a tax avoidance scheme. The Charities Act 2011 made it clear that interim managers had the functions that were defined by the order of the Charity Commission that appointed them, and they operated under the supervision of the Charity Commission and not the court. However, there would plainly be some situations in which the court did need to become involved and in the present case, the decision to discontinue was within the range of decisions to which rational charity trustees could properly have come. 

Limitation of action – Accrual of cause of action. In the course of the Kenyan emergency group litigation, the Queen's Bench Division held that issues relating to the pre-1954 time bar, and ss 11, 14 and 32 of the Limitation Act 1980 were to be tried preliminarily. However, the application for the s 33 of the Act preliminary issue to be tried as a preliminary issue would be refused. 

Elections – Electoral registration. The Divisional Court dismissed the claimants' challenge to the legality under European Union law of s 2 of the European Referendum Act 2015 (s 2), which disenfranchised from the EU referendum British citizens resident abroad last registered to vote in Parliamentary elections in the United Kingdom more than 15 years ago. While s 2 was capable of engaging EU law, it was not a restriction on the rights of free movement enjoyed by the claimants as EU citizens. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Compagnie Gervais Danone (Danone) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between San Miguel, Fabricas de Cerveza y Malta, SA and Danone concerning the application by the latter for registration of a figurative sign 'B'lue' as a European Union trade mark. 

Town and country planning – Development. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of its claim for judicial review of the grant of planning permission by the respondent local planning authority for development proposed by the interested party. It held, among other things, that the authority had not, in any respect, misinterpreted relevant national and local policy or applied it unlawfully. 

Child – Negligence. The Queen's Bench Division dismissed the claimants' case against the local authority and the former foster parents on the basis that all allegations of physical and emotional abuse and negligence had not on the facts been made out.