Latest Cases

Practice – Family proceedings. The Court of Appeal, Civil Division, in allowing the appellant former wife's appeal in financial remedy proceedings, held that the judge had had power to make the relevant consent order concerning periodical payments, and he ought not to have set it aside. 

Adjudication – Jurisdiction. The Technology and Construction court held that, applying settled law to the facts, there had been no breach of the rules of natural justice where an adjudicator had held that time had been set at large such that the claimant property developer was not entitled to liquidated damages from the defendant contractor as claimed. Accordingly no declaratory relief was granted on that issue. However, the court held that the adjudicator had acted outside his jurisdiction in holding that a reasonable time for completion was 5 March 2016 and declaratory relief was granted on that issue. 

Immigration – Asylum seeker. The Administrative Court dismissed the claimants' applications for judicial review of the defendant Secretary of State's certification of their asylum claims on safe third country grounds and certification of their human rights claims as clearly unfounded. A return to Bulgaria would not risk exposing them to a breach of art 3 of the European Convention on Human Rights and there was no significant risk of refoulement. 

Employment tribunal – Striking out. The Court of Appeal, Civil Division, upheld the employment tribunal's decision to debar the appellant employer from taking any further part in the proceedings, whether in relation to liability or remedies, in both claims brought by the respondent employees. The Employment Appeal Tribunal had been right to have determined that the employment tribunal had given sufficient reasons for its decision to enable the parties, in particular the employer, to know why they had won or lost. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Henkell & Co. Sektkellerei KG (Henkell) against the decision of the First Board of Appeal of the European Union Intellectual Property Office (Trade Marks and Designs), relating to opposition proceedings between Henkell and Ciacci Piccolomini d'Aragona di Bianchini Società Agricola, regarding the application by the latter for registration of the word sign 'Piccolomini' as a Community trade mark. 

Environment – Protection. The Divisional Court dismissed the appellant Environment Agency's appeal against the Crown Court's decision, allowing the respondent houseboat owners' appeals against their convictions for keeping an unregistered vessel on a waterway. A 'vessel', under art 2 of the Environment Agency (Inland Waterways) Order 2010, SI 2010/699, was something 'constructed or used' either to 'carry' people or things, or to be 'propelled or moved' across or through the water and the houseboats were not 'vessels'. 

Practice – Pre-trial or post-trial judgment relief. The Chancery Division, Financial List, granted Barclays Bank plc summary judgment in respect of one but not the other of its claims alleging breach by the issuers of notes of their obligations, which, it contended was an event of default entitling it to accelerate payment of the notes. There was no prospect of the relevant defendants defending the claim in respect of notes issues in September 2007. 

Immigration – Deportation – Certification of human rights claim. Court of Session: Refusing a judicial review petition by a Pakistani citizen who had been notified of his liability to deportation following convictions for sexual offences against children and who sought reduction of a decision to certify his human rights claim, the court held that although the certification process did not comply with the requirements of procedural fairness and it was not clear from her decision letter that the respondent carried out the separate proportionality assessment in respect of certification which she had to carry out, reduction would be pointless because there was no doubt the respondent would reach the same decision if she followed the correct approach. 

Criminal procedure – Sheriff's charge – Theft – Mens rea. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of the theft of a substantial amount of stock from the company of which he was the managing director, the court rejected contentions that the sheriff had failed to give adequate directions on the mens rea of theft and had failed to direct the jury appropriately not to speculate. 

Costs – Order for costs. The Court of Appeal, Civil Division, allowed the claimant's appeal against a costs order made following the trial of her medical negligence claim against the defendant. Among other things, it held that CPR Pt 36 did not preclude the making of an issue-based or proportionate costs order. However, a successful claimant was to be deprived of all or part of her costs only if the court considered that it would be unjust for her to be awarded all or that part of her costs and that decision fell to be made having regard to 'all the circumstances of the case'.