Latest Cases

Pension – Appeal. The Chancery Division allowed the defendant company's appeal against the deputy ombudsman's decision that its refusal to grant a former employee an unreduced pension was perverse and amounted to maladministration. The deputy ombudsman had erred in finding that the defendant had decided that the claimant should leave its employment in its own interest and on the grounds of business efficiency, entitling him to an early payment of an unreduced pension under reg 19 of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) (reg 19). On the evidence, the primary ground for the claimant's dismissal could not sensibly be said to have been business efficiency. The court also construed reg 19. 

Conflict of laws – Jurisdiction. The Queen's Bench Division made a decision in relation to which law applied to an accident that had occurred in France involving and uninsured French Driver and two British Nationals. In making that decision in two actions in which the Motor Insurance Bureau was a defendant, he court considered Regulation 864/2007 and Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 SI, 37/2003. 

Town and country planning – Permission for development. The Court of Appeal, Civil Division, in dismissing appeals against planning enforcement notices, held that, the enactment of the planning enforcement order provisions in the Localism Act 2011 had not removed the effect of the Supreme Court's decision in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government [2011] 4 All ER 851 in relation to the time limits for enforcement action, pursuant to s 171B of the Town and Country Planning Act 1990, in cases of deliberate concealment. 

Trade mark – Community trade mark. The Chancery Division dismissed an appeal against the decision of a hearing officer dismissing the claimant company's application, under s 47 of the Trade Marks Act 1994, for a declaration of invalidity of a trade mark registration for a sign 'Gutterclearuk' in the defendant's name. The hearing officer had not erred in principle and her decision that there was no likelihood of either direct or indirect confusion and that the defendant company had not acted in bad faith in filing its trade mark application had been open to her. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 13B(d)(6) of Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EEC) 91/680. The request had been made in proceedings between the Netherlands State Secretary for Finance and Fiscale Eenheid X NV cs, concerning a notice of additional assessment to VAT issued to Fiscale Eenheid X NV cs in respect of 1996. 

Town and country planning – Permission for development. The Planning Court dismissed the claimants' challenge to the decision of the inspector appointed by the defendant Secretary of State to grant planning permission to the interested party. On the proper interpretation of 'person aggrieved' in s 288(1)(b) of the Town and Country Planning Act 1990, the claimant's had no standing, as they had not made objections or representations during the appeal procedure. 

Practice – Appeal. The Queen's Bench Division dismissed an appeal of the defendant to a money judgment in favour of the claimant debt collection company as there had been no basis for the case being before the High Court. Although the defendant had made a number of without merit applications the court would not made a Civil Restrain Order against the defendant as the case was at an end. 

Mental health – Court of Protection. The Court of Protection allowed an application by two attorneys for retrospective approval for the payments to them for n order for retrospective approval of monthly payments of £150 each that the attorney's had made to themselves and to their third sibling from the funds of the estate. 

Negligence – Duty to take care. The Queen's Bench Division dismissed the claimant's claim against the defendant hospital in respect of cerebral palsy which he suffered which he alleged had been caused by oxygen deprivation in the period leading up to his birth. The court found that the doctors had not made decisions that had fallen outside the range of reasonable professional opinion. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, dismissed a mother and father's appeal against orders concerning the placement for adoption of two of their children. The judge had been entitled to reach the conclusion that placement for adoption would best service the children's welfare throughout their lives and that nothing else but adoption would do. In the circumstances, the placement orders had been a proportionate response.