Latest Cases

Contract – Contract for service. The Commercial Court dismissed the claimant's claim regarding an alleged agreement between the parties by which the claimant was to provide services to the defendant. On the evidence, no legally binding contract had been made between the parties, either orally or in writing. 

Medical practitioner – Professional conduct committee. The Court of Appeal, Civil Division, allowed the General Medical Council's appeal in two conjoined cases and remitted both matters to the High Court. In doing so, the court gave guidance on the approach to be taken by the Fitness to Practise Panel in proceeding without the individual present or represented at the hearing and the question of the admissibility of fresh evidence both as to the reason for non-appearance and the general merits. 

Employment – Disability. The Employment Appeal Tribunal (EAT) dismissed the employee's appeal against a decision of the employment tribunal that he did not have a disability for the purposes of s13 of the Equality Act 2010. The EAT held that the tribunal had not made contradictory findings as to the reasons for the employee's dismissal, the employee's ill-health capability and the employee's conduct. 

Criminal law – Bill of indictment. The Queen's Bench Division allowed the applicant Environment Agency's application for the granting of a voluntary bill of indictment in the context of proceedings concerning alleged offences in relation to the storage and processing of waste wood, contrary to the provisions of the Environmental Permitting Regulations 2010, SI 2010/675. The court held that the judge, in dismissing the claim, had made a fundamental error of law that had been clear or obvious, and that it was in the interests of justice for the application to be allowed. 

Employment Tribunal – Practice. The Employment Appeal Tribunal (EAT) allowed the employer's appeal against a decision of the employment tribunal permitting an extension of time for an unfair dismissal claim to be brought out of time. The EAT remitted the case to the same tribunal for re-consideration. 

Air traffic – Noise nuisance. The Court of Appeal, Civil Division, allowed the defendant's appeal against the judge's grant of an injunction, restraining certain manoeuvres by helicopters on or above part of its land lying near the claimant's property and rejecting its defence based on s 76(1) of the Civil Aviation Act 1982. The judge had been wrong in confining 'flight' in s 76(1) of the Act to lateral travel from one fixed point to another and holding that the precondition of immunity was that flight or ordinary incidents of flight had to be reasonable.

Employment tribunal – Procedure. The Employment Appeal Tribunal (EAT) allowed the employee's appeal against a decision of the employment tribunal striking out his claims of alleged detriments after being reinstated. The EAT held that the tribunal had erred or had reached a perverse conclusion in striking out the alleged unfair dismissal claim. The EAT concluded that the claims should go forward and that the tribunal had jurisdiction to hear the claims. 

Children and young persons – Protection. The Administrative Court held that the defendant local authority had made an irrational decision in not finding that C was a child in need under the Children Act 1989 on the basis of the risk of radicalisation. 

Occupier's liability – Duty of care. The Queen's Bench Division dismissed the claimant's claim for personal injury suffered when a ramp from a horse box fell on him whilst parked at horse show grounds owned and operated by the first defendant with the second defendant operating as an independent contractor. The court found that although the defendants had owed the claimant a duty of care at common law and under the Occupiers Liability Act 1957 on the facts the horse box had not been causing an obstruction and therefore the claim had to fail. 

Contempt of court – Committal. The Court of Appeal, Civil Division, dismissed an appeal against the discharge of a committal order which had resulted in the defendant's early release from prison. In doing so, the court gave guidance to the effect that where the court was minded to act of its own initiative, it should ordinarily, so far as practicable, give notice of its intention to the person or body at whose instance the warrant of committal had been issued.