Latest Cases

Landlord and tenant – Leasehold enfranchisement. The Court of Appeal, Civil Division, allowed in part an appeal against a decision of the Upper Tribunal (Lands Chamber) in respect of the demised premises under a leaseback pursuant to Pt IV of the Leasehold Reform Housing and Urban Development Act 1993. The tribunal had erred in giving insufficient reasons for its decisions and the court remade the decision and defined the extent of the demise to be granted under the leaseback. It held that, beyond identifying in the counter-notice the flat or other unit that was sought to be the subject of a leaseback, there was no need for a reversioner also to spell out in the counter-notice any of his proposed terms of the leaseback. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 2(1) and 10(2) of Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EC) 1999/59, then by Council Directive (EC) 2001/115. The requests had been made in proceedings between Air France-KLM, formerly Air France, and Hop!-Brit Air SAS, formerly Brit Air, on the one hand, and the Ministère des Finances et des Comptes publics, on the other hand, concerning the liability to VAT of an unused transport ticket and of sums paid by an airline company to an undertaking carrying on the same type of business in consideration for the sale of unused transport tickets. 

Extradition – Extradition order. The Administrative Court dismissed the appellant's appeal against orders for his extradition to Poland to serve a sentence of eight months' imprisonment, originally suspended for three years, imposed for theft of railings from an historic railway bridge in 2005. There was a fine balance, particularly given the passage of time, but extradition had to be ordered. 

Family proceedings – Care proceedings. The Family Division, in a case of alleged sexual abuse of two step children by the step father, made findings of fact. The findings made were such that the threshold conditions for intervention in the case of the second step child and the younger three children had overwhelmingly been met, where the eldest step child had already left the family home. 

Land – Interest in land. The Queen's Bench Division dismissed the claimant's appeal of a trial judge not to discharge a charging order over the interest of the claimant of a second property however it did amend the order to insert the correct figure. 

Customs and excise – Duties. The Court of Appeal, Civil Division, dismissed the appellant taxpayer's appeal concerning the correct treatment and classification for customs purposes of certain specialised military clothing imported by the appellant, in respect of which it claimed to be entitled to relief from import duty. 

Building contract – Adjudication. The Court of Appeal, Civil Division, dismissed an appeal against refusal of an application to set aside summary judgment in respect of the respondent's claim to enforce an adjudicator's award. On the facts, the adjudicator had had jurisdiction to hear the dispute, as he had been addressing different issues to those that had been raised at a previous adjudication. 

Insolvency – Cross-border insolvency. The Chancery Division held that foreign representatives and their advisers had to ensure that the valuable process for recognition under the UNCITRAL Model Law on Cross-Border Insolvency, as incorporated into English law by the Cross-Border Insolvency Regulations 2006 SI 2006/1030, was not misused. When seeking recognition, full and frank disclosure had to be made to the court in relation to the consequences that recognition of the foreign proceeding might have upon third parties who were not before the court. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court partially allowed the appellant's appeal against the finding professional misconduct by the Conduct and Competence Committee (the panel) of the respondent Nursing and Midwifery Council. The panel's approach to the question of credibility and reliability was so undermined that, in fairness, its adverse findings could not be allowed to stand. 

Damages – Personal injury. The Queen's Bench Division found that the claimant was suffering from chronic widespread pain and additional mental illness and which he would not have suffered from but for the accident he experienced whilst in the army and which caused his subsequent discharge. On that finding the court made an award of general damages of £30,000 and other additional awards.