Latest Cases

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of Council Directive (EEC) 80/987. The request had been made in proceedings between Greece and Mr Stroumpoulis and other Greek seamen concerning the loss they claimed to have suffered as a result of the failure to transpose that directive correctly into Greek national law. 

Practice – Pre-trial or post-judgment relief. The Chancery Division, among other things, made an order for unlimited standard disclosure by the defendant pharmaceutical companies in respect of certain claims brought against them by the United Kingdom health authorities for damages for alleged breaches of competition law. However, it held that it was not appropriate to order enhanced disclosure at the present stage in relation to the defendants' application for the relevant patent and submissions to regulatory authorities. 

Family proceedings – Fact finding hearing. The Court of Appeal, Civil Division, allowed, in part, an appeal against orders allowing for publicity and media attendance at the re-opening of a fact finding hearing in care proceedings. In circumstances where the re-hearing was in respect of fresh medical evidence, the court ordered that any reference to medical evidence be redacted from the earlier fact finding judgment. Further, tighter requirements were put in place regarding the control of reporting by the media. 

Immigration – Leave to remain – Appeal. Court of Session: Refusing an appeal by five Pakistani citizens, a principal applicant, who sought leave to remain in the UK as a tier 1 (entrepreneur) migrant, and her husband and three children, whose application was refused on the basis that she had not complied with the requirement to show access to at least £200,000 for the purpose of investing in a business in UK, and whose appeals were refused by the First-tier Tribunal and the Upper Tribunal, the court held that the necessary letter from the bank confirming that the funds in her husband's account were available to the first appellant was missing, there was nothing to suggest that the husband had placed the funds under his wife's control, and in those circumstances common sense, humanity, or 'a modicum of intelligence' did not require a different approach from that taken by the Secretary of State. 

Disclosure and inspection of documents – Pre-action disclosure. The Chancery Division dismissed the applicant's application for pre-action disclosure with a view, subject to what the disclosure revealed, to bringing proceedings for conspiracy against the respondents. Disclosure would not assist the dispute to be resolved without proceedings. 

Landlord and tenant – Verbal lease – Action of delivery – Personal bar. Sheriff Court: In an action concerning a verbal lease of a garage forecourt shop that was converted into a chip shop, in which the pursuer sought delivery of moveable equipment that was installed in the chip shop, failing which payment of the value of the equipment, and payment of damages in respect of profits lost due to an alleged material breach of the verbal lease, the court held that the defender's defence to the action of delivery could not succeed but the pursuer could not rely on the personal bar provisions in the Requirements of Writing (Scotland) Act 1995 in order to recover damages for the loss of future profits on the basis of material breach of the verbal lease. 

Contract – Intention to create legal relationship. The Queen's Bench Division construed a contract using ordinary principles of contractual construction and found in favour of the claimant that a notice had in fact been a demand that the defendant purchase the relevant shares. 

Family proceedings – Orders in family proceedings. The Family Court, in a fact finding hearing where two families were involved made findings of fact in relation to a non-accidental injury of a child L, in order to determine the future of three infants who were each the subject of care proceedings brought by the local authority. The principal facts which the court was being asked to find concerned the brain injuries sustained by L. 

Bond – Issue of. The Commercial Court, ruling on a preliminary issue concerning the validity of a mandatory conversion notice by the defendant, issued in respect of US$70m 2.5% convertible bonds, held that the notice had been valid. 

Minor – Medical treatment. The Family Division made an order by consent granting a declaration that the applicant health board's treatment plan in respect of a baby, Y, incorporating the withholding and withdrawal of treatment in certain respects, was lawful as being in Y's best interests.