Latest Cases

Adoption – Dispensing with consent of parent or guardian. The Family Court approved proposals made by two local authorities regarding the future of the two daughters of the respondent mother and father. It held that, given the mental state of the father and the environment in which the children had been growing up, the parents would be refused contact with the older child and that an adoption order would be made in relation to the younger child. 

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. 

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. 

Practice – Summary judgment. The Chancery Division granted the defendant firm of solicitors summary judgment in respect of claims for negligence, which had been brought by claimants who had acquired buy-to-let properties, where the manner in which they had paid court fees had been an abuse of process and where they had not done all that they reasonably could do to bring the matter before the court for its process to follow. 

Town and country planning – Permission for development. The Administrative Court allowed the claimant's application for judicial review of the defendant mineral planning authority's grant of permission for development of a quarry. The planning permission was rendered unlawful by the subsequent issuing of the Secretary of State's direction that it was environmental impact assessment development. 

Sale of goods – Deferred payment. The Commercial Court held that, pursuant to a written sale contract and a deferred payment regime, the claimant had been entitled to its claim for the deferred balance of the purchase price payable for delivered cargo. The written terms of the sale contract and the deferred payment regime had been clear and precise. 

Human rights – Freedom of expression. The Investigatory Powers Tribunal held that authorisations, under s 22 of the Regulation of Investigatory Powers Act 2000, had not been compatible with the complainants' rights under art 10 of the European Convention on Human Rights, as there had not been sufficient safeguards where their purpose had been to obtain disclosure of the identity of a journalist's source. However, there was only power to grant a remedy in the case of the third authorisation, as it had not complied with the requirements of s 22 of the Act. 

Income tax – Emoluments from office or employment. The Privy Council held that the pension of a retiring Vice President of the Republic of Mauritius had been exempt from tax under the provisions of the Income Tax Act 1995 and, more broadly, had been entrenched in the Constitution of Mauritius. 

National health service – Health authority. The Administrative Court dismissed the claimant's challenge, arguing that the defendant public authorities had failed to discharge the duty imposed upon them by s 3(1) of the National Health Service (Wales) Act 2006 to provide hospital accommodation throughout Wales. The claimant had failed to establish that the defendants had acted unlawfully. 

Family proceedings – Orders in family proceedings. The Family Division held that the local authority had not persuaded the court of the central core of its case against the mother that she was a radical fundamentalist and therefore her children would be restored to her.