Latest Cases

Negligence – Information or advice. The Technology and Construction Court made findings concerning the liability of the parties following the failure of a project to develop a church. The court held that, although the defendant consulting company had acted negligently, the claimant bank's own negligence was such that it would bear one third of the losses that it had sustained. 

Patent – Infringement. The Patents Court dismissed an application for defendants' summary judgment in respect of a claim for, among other things, declaratory relief that rival products had infringed a patent concerning an electronic cigarette. Further, having weighed the competing considerations, it also dismissed an alternative application for a stay of that claim. 

Parent and child – Child protection – Interim compulsory supervision order. Sheriff Court: In an appeal by a father against a further interim compulsory supervision order made by the children's hearing in respect of his child under s 96 of the Children's Hearings (Scotland) Act 2011 the court accepted the Children's Reporter's submission and proceeded on the basis that the making of the order appealed against was competent, whilst highlighting what appeared to be a piece of defective drafting in the 2011 Act. 

Contract – Consumer contract. The claimant claims management company brought a claim, under an agreement, for fees for work carried out in negotiating settlement in an insurance claim for the defendant. The Mercantile Court, in dismissing the claim, held that the agreement was unenforceable against the defendant because no written explanation had been given to the defendant as to his rights to cancel the agreement, as had been required under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008, SI 2008/1816. 

Immigration – Leave to remain – Fresh claim. Court of Session: Refusing a reclaiming motion in a judicial review petition challenging the refusal of the petitioner's application for leave to remain in the UK as the spouse of a British citizen, the Lord Ordinary having refused the petition, the court concluded that none of the petitioner's criticisms of the respondent's decision letter undermined the lawfulness of her decision. 

Police – Unlawful conduct. The claimants sought damages against the defendant Metropolitan Police Commissioner for assault, false imprisonment, racial abuse and breach of the European Convention on Human Rights. The Queen's Bench Division awarded the first claimant damages of £2,500 for false imprisonment, including aggravated damages for his humiliation and distress. The second claimant was awarded £11,950 for false imprisonment and assault, including aggravated damages for serious racial abuse, humiliation and physical indignities. 

Minor – Removal outside jurisdiction. A mother had moved to England from the Netherlands with her child without the consent of the father or an order of the court. The Family Division allowed the father's application for summary return of the child. The mother had not made out a defence under art 13(b) of the 1980 Hague Convention on the Civil Aspects of International Child Abduction as the child's separation from her and his temporary placement in foster care would not expose him to a grave risk of physical and psychological harm or otherwise place him in an intolerable situation upon his return having regard to the protective measures that could be put in place. 

Conflict of laws – Contract. In the wake of the defendant company's insolvency and its proceedings in Denmark, the claimant company sought summary judgment with respect to five declarations. The Commercial Court declared that, under the parties' agreements, no sum was presently payable by the claimant. Further, whether or not a clause of one agreement was an exclusive jurisdiction clause, the defendant was obliged to submit to the jurisdiction of the English court and could not commence parallel proceedings elsewhere. 

Immigration – Detention. The claimant issued judicial review proceedings, contending that the defendant Secretary of State's decision to detain him under immigration powers had been unlawful. The Administrative Court, in dismissing the application, held that the preponderant evidence did not come close to establishing that the claimant had a serious mental health condition that could not be managed satisfactorily in detention or that his food and fluid refusal had been, or might have been, influenced by a serious health condition. 

Child – Care. The Family Division allowed the applicant local authority's application to renew wardship over Y. Y, who was 16 and had been involved in criminal activity, was in danger of travelling to Syria to fight there. The court held that the present case was the classic case of a high risk of very serious harm. In the circumstances, the court was entitled to use the fullest measures at its disposal.