Latest Cases

Professional misconduct – Disciplinary proceedings. The appellant pharmacist appealed against the decision of the respondent General Pharmaceutical Council's Fitness to Practise Committee (the FPC) to remove him from the Register of Pharmacists, as his fitness to practise was impaired. The Administrative Court, in dismissing the appeal, held that the FPC's decision had not been wrong in its determination of the facts and there had been no procedural irregularity or unfairness in its proceedings. Further, the decision to remove the appellant from the Register of Pharmacists had been open to it and had not breached art 8 of the European Convention on Human Rights. 

European Union – Rules on competition. The Court of Justice of the European Union (the Court) dismissed the appeal by FLS Plast A/S (FLS Plast) in which FLS Plast had asked the Court to set aside the judgment of the General Court of the European Union in Plast v European Commission (Case T‑64/06) by which the General Court had dismissed in part its action for annulment of Commission Decision C(2005) 4634 final relating to a proceeding pursuant to art 81 EC or, in the alternative, for reduction of the fine which had been imposed upon FLS Plast by that decision. 

Legal aid – Expert evidence. In private law children proceedings, the district judge had ordered the instruction of a psychotherapist and subsequently ordered that the parties jointly instruct the psychotherapist with the claimant child, who was publicly funded, to bear the costs (the order). The Legal Services Commission refused to pay for the report and the judge, on the claimant's judicial review application, upheld that decision. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that the order had been made at the instigation of the children's guardian on the claimant's behalf and it had not fallen foul of s 22(4) of the Access to Justice Act 1999. 

European Union – Employment. The Court of Justice of the European Union ruled that art 7(1) of Directive (EC) 2003/88 of the European Parliament and of the Council (concerning certain aspects of the organisation of working time) should be interpreted as precluding national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was entitled, in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. 

Education – School. The claimant governing body of a school sought judicial review of the defendant Secretary of State's decision that it should become an academy sponsored by an academy trust. The Administrative Court, in dismissing the application, held that the evidence had justified the Secretary of State's view that sponsored academies were more likely to deliver attainment and improve progress in schools in need of intervention than maintained schools. Further, he had had regard to the possible disruption caused by the conversion and his decision had not been premature or irrational in the light of the schools improvement. 

Criminal law – Manslaughter. The Court of Appeal, Criminal Division, held that a sentence of nine years' imprisonment had not been unduly lenient, in circumstances where the offender had been convicted of the manslaughter of his partner's six week old son. 

Arbitration – Award. Following a dispute between the parties, the claimant company, Diag, succeeded against the defendant Czech Republic in an arbitration. It sought to enforce the arbitration award in a number of countries, including Austria. The Supreme Court of Austria held that the award had not yet become binding on the parties. Diag, sought to enforce the award in the English court. The court held that the Supreme Court of Austria's decision gave rise to an issue estoppel that would prevent Diag from enforcing the judgment in the English court. 

Solicitor – Undertaking. The claimant made an application in the course of other proceedings to have the defendants and a solicitor committed for breach of an undertaking which was not an undertaking to the court. The Queen's Bench Division considered the jurisdiction of the court to commit for breach of an undertaking given by a solicitor other than an undertaking to the court; as well as whether the court should exercise any discretion it had to allow committal proceedings to be brought on the facts of this case. 

Education – Local education authority. The defendant local authority decided to reduce the provision of nursery education from full-time to 15 hours per week. The claimants sought judicial review of the decision. The Administrative Court, in allowing the application, held that the authority had failed to have due regard to its statutory obligations under s 118 of the School Standards and Framework Act 1998, s 22 of the Childcare Act 2006 and ss 17 and 18 of the Children Act 1989. The authority had not been referred to its statutory duties in reaching the decision and, therefore, had not been provided with a framework in which to consider and properly address the issues. 

Practice – Application. The claimant bank sought Norwich Pharmacal orders against a number of persons to whom payments had been made in error. The Chancery Division held that, excluding some of the personal details sought, the orders would be granted.