Latest Cases

Bankruptcy – Petition. The respondent's defence to the bankruptcy petition sought by the petitioner local authority, namely, that there had been a miscarriage of justice on the basis that the debts set out in the petition were not payable, failed. Among other things, the liability orders in respect of unpaid non-domestic rates made against the respondent had been granted following a properly conducted judicial process. Accordingly, the Chancery Division allowed the local authority's petition for an order that the respondent be made bankrutpt.

European Union – Trade marks. The General Court had correctly decided the starting point of the time limit laid down in art 65 of Council Regulation (EC) No 207/2009 (subsequently codified by Regulation (EU) 2017/1001), read in conjunction with art 4(4) of Decision No EX-13-2 of the President of the Office of 26 November 2013. Consequently, the Court of Justice of the European Union dismissed the appeal by The Green Effort Ltd (GEL), established in the UK, against the General Court's decision relating to revocation proceedings between GEL and Fédération internationale de l'automobile concerning GEL's acquisition of rights over the word mark 'Formula E'.

European Union – Freedom of movement. National legislation, such as that at issue in the main proceedings in Austria, which established a difference in treatment between workers based on their seniority with their current employer could not be regarded as indirectly discriminatory against workers who were nationals of other member states and, therefore, as being contrary to art 45(2) of the Treaty on the Functioning of the European Union. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the merely partial account taken, for the purposes of calculating the right to paid annual leave of the respondent company's employees, of previous periods of service which those employees had completed with other employers.

Practice – Pre-trial or post-judgment relief. The defendant bank's application for summary judgment against the claimant company was allowed in part, in proceedings concerning certain debts and security interests (the rights). The Commercial Court held that, among other things, there was no tenable argument that a binding contract had been made for the sale and purchase of the rights. The dealings between the parties were incapable in law of having given rise to such a contract.

Tax – Appeal. The appellant taxpayer's challenge to two closure notices by the respondent Revenue and Customs Commissioners succeeded in part. The First-tier Chamber (Tax Chamber) held that the assessment for 2011-2012 would be varied from £1,296.25 to £1,153.05, but that it was not arguable that only half of the appellant's pension receipts should be assessed as his income.

Company – Fraudulent trading. When the respondent company, which had acquired the choses in action and property rights of VTL, from its liquidators, was given priority over the appellant Crown Prosecution Service in a proprietary claim to the funds, the CPS appealed. The Court of Appeal, Civil Division, in dismissing the appeal held that the constructive trust in favour of the VTL was not rendered unenforceable by the ex turpi causa rule or some other available principle of illegality or public policy.

Medical practitioner – Clinical negligence. A clinical negligence claim, arising from the birth of the claimant at the defendant NHS trust's hospital (the hospital), was dismissed. The claimant had cerebral palsy and it was alleged, on his behalf, that he had sustained hypoxic-ischaemic brain injury as a result of midwifery negligence when his mother had attended at the hospital's maternity assessment unit. The Queen's Bench Division held that the claimant had failed to establish any actionable breach of duty in circumstances where, on the balance of probabilities, all the necessary checks of maternal and fetal well-being had been completed within the period of the assessment that the midwife had carried out.

Environmental law – Statutory nuisance – Wind farm – Noise. Sheriff Court: In a summary application in which the pursuers alleged statutory nuisance caused by noise emanating from three wind turbines operated by the defender on land in the vicinity of their home, the court held that the combined effect of the volume and character of the turbine noise which the pursuers had experienced, according to their evidence, was something no reasonable person ought to be expected to tolerate: it was a nuisance at common law and was therefore a statutory nuisance in terms of s 79(1)(g) of the Environmental Protection Act 1990.

Civil procedure – Apparent bias – Right to fair hearing. Sheriff Appeal Court: Refusing an appeal by an appellant who sought reparation for loss, injury and damage he maintained he had suffered as a result of a minor road traffic accident, and who contended that the sheriff had displayed apparent bias, having adjourned the court during the proof and made certain comments to parties' representatives in chambers which the appellant alleged were demonstrative of the sheriff having prematurely formed a concluded view hostile towards him, the sheriff having ultimately assoilzied the defender, the court held that the sheriff's comments would not reasonably be understood by the fair-minded and informed observer as meaning that he had already formed a concluded view hostile to the appellant on matters which fell for decision at the conclusion of the case after hearing all the evidence and arguments: he would not conclude that there was a real possibility that the sheriff was biased.

Land – Telecommunications. The proceedings arose from the respondent landowners refusal to grant the claimant company the rights it sought under Sch 3A to the Communications Act 2003 (the Electronic Communications Code). The Upper Tribunal (Lands Chamber) found in favour of the claimant on various preliminary issues, including that it was incorrect to suggest that the claimant's statement of case sought rights that were different from those sought in its notice given pursuant to para 20 of the Electronic Communications Code.