Latest Cases

Minor – Wrongful removal or retention. The father's application, under the Hague Convention 1980, for the summary return of the child (IA) to Germany, where she had been habitually resident, was dismissed. The Family Division held that, on the facts, the father had consented to the continued presence of IA in the jurisdiction in which she had been retained (the UK). Further, in circumstances where both parents had failed to apply in Germany for substantive relief concerning IA, the court reiterated that, where a parent submitted an application for the return of a child to the land of her habitual residence, it was implicit that he/she intended, at the earliest opportunity, to commence a claim for substantive relief in the court of that child's homeland.

Shipping – Charterparty. The claimant's application for a declaration that the English court lacked jurisdiction in a dispute concerning the transportation of a cargo to China failed. The Commercial Court held that there had not been an exclusive jurisdiction clause in favour of the courts of England and Wales which had satisfied the requirements of art 25 of Regulation (EU) 1215/2012, and, therefore, the application failed.

Extradition – Discharge. The balance sheet which the judge had drawn up had been fundamentally flawed and she appeared to have given decisive weight to the delay in the case, resulting in an overall conclusion which had been wrong. Accordingly, the Administrative Court allowed the appellant judicial authority's appeal against the judge's decision to order the respondent's discharge from extradition to face allegations of 50 offences of fraud.

Solicitor – Professional negligence. The defendant solicitors' firms were held in breach of contract and/or negligent, concerning advice given to the claimant company in respect of a property transaction. Accordingly, the Queen's Bench Division awarded the claimant damages of £221,209.22, holding, among other things, that, even where a third party had given evidence, the court should prefer the analysis that loss of chance damages applied.

Shipping – Charterparty. The claimant owners' appeal against the findings of an arbitral tribunal succeeded in part, in proceedings arising out of the capture of a vessel by pirates. At first instance, an arbitral tribunal had rejected the owners' claim for hire, on the grounds that it had been excluded by two additional clauses in the charterparty. The Commercial Court held that one of the two clauses did not exclude the claim, but the other did.

Company – Scheme of arrangement. Applying the relevant tests as set out in Re TDG plc[2009] 1 BCLC 445 , there was no reason to refuse to sanction the scheme of arrangement, pursuant to Pt 26 of the Companies Act 2006, to enable Medico Energi Global PTE to acquire the entire issued and to be issued ordinary share capital of Ophir Energy plc (the company). Accordingly, the Companies Court sanctioned the scheme, taking the view that it could not place any weight on the points raised by one of the company's larger institutional shareholders and was not persuaded by those points to withhold its sanction for the scheme.

Mental capacity – Treatment. A lady in her 40s (P), who had suffered a severe brain injury after overdosing on heroin, lacked capacity to make decisions about her medical treatment, and specifically about the withdrawal of clinically assisted nutrition and hydration (CANH). The Court of Protection, having considered all of the evidence, including that of P's eldest daughter and the medical evidence, ruled that it was in P's best interests for the court to consent, on her behalf, to the withdrawal of CANH; which would result in her death. The court considered that that course of action accorded with P's clearly expressed views when she had been capacitous.

Extradition – Fugitive. Although, having found that the appellant was not a fugitive, the judge's choice of language had not been accurate, overall her decision had not been wrong. Accordingly, the Administrative Court dismissed the appellant's appeal against orders for his extradition to Poland to face trial for drug trafficking, violent assault and stealing.

Criminal law – Drugs offences. The Court of Appeal, Criminal Division, exercised its discretion to substitute a plea of guilty to the offence of attempting to possess a quantity of diamorphine with intent to supply to another, rather than the substantive count after forensic analysis of revealed that it was not heroin, but a mixture of paracetamol and caffeine. If further substituted a sentence of 27 months' imprisonment for the 3 years imposed for the substantive offence.

Sentencing – Sexual offences. The judge had failed to attach sufficient weight to the maximum available for the offence for which the defendant had been convicted was 10 years' imprisonment and the culpability had been that of a 16-year-old boy whose single offence had been the result of teenage experimentation. Accordingly, the Court of Appeal, Criminal Division, quashed the sentence of six and half years' imprisonment and substituted one of three years.