Latest Cases

Practice – Amendment. The claimant companies' application to enforce the decision of an adjudicator in a construction dispute succeeded. The adjudicator had made an error in the calculation of sums payable, and had then corrected himself. The Technology and Construction Court held that the error that the adjudicator had made had been the sort of error that fell within the statutory slip rule. Further, once the door had been opened to correct the initial error, then the effect of that decision permitted and, in the interests of justice, required, that any corrections consequent upon the correction of that gateway error to be made.

Immigration – Leave to remain. There was no real prospect of the appellant Nepalese national succeeding on the argument that the Secretary of State's delay had caused her failure to produce a substitute confirmation of acceptance for studies. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, further held that there were considerable difficulties with the appellant's argument, not least establishing a duty to do more than provide a letter inviting her to submit a new confirmation in 60 days, identifying what the Secretary of State allegedly should have done or said and showing that that would have made a material difference.

Practice – Summary judgment. The defendant bank succeeded on its appeal against a master's dismissal of its application for strike out or reverse summary judgment concerning a claim brought by the claimant borrower for, among other things, breach of contract in respect of a loan agreement, relating to a proposed development in Great Yarmouth. The Queen's Bench Division ruled that the material produced by the claimant had not come close to providing any proper basis for complaint about the conduct of the bank in the present case. It held that each head of claim relied on in the original claim particulars had been bound to fail and that the master ought to have granted summary judgment to the bank on the entire claim.

Libel and slander – Defamatory words. The claimant President of Ukraine commenced proceedings against the defendant BBC for defamation, alleging that statements made in a television report and a website had been libellous. The Queen's Bench Division made rulings on the meaning of both of the reports.

Company – Special administration. Certain statutory trusts, created under s 139(1) of the Financial Services and Markets Act 2000 in relation to client money held by the applicant company in special administration, would be varied so as to extinguish the beneficial interests of non-claiming beneficiaries. Accordingly, the Business and Property Court allowed the order sought by the company and the special administrator.

Judicial review – Human Rights – Fixed penalty notice – Right to fair trial – Right to effective remedy. Court of Session: Refusing a judicial review petition by a petitioner who was issued with a fixed penalty notice and had a fine registered against him for failure to pay the fixed penalty, the court rejected contentions that Pt 11 of the Antisocial Behaviour etc (Scotland) 2004 operated in contravention of the right to a fair trial provided for in art 6 of the European Convention on Human Rights and was therefore not law; that that in the event that Pt 11 of the 2004 Act was law the petitioner did not waive his right to be tried by an independent and impartial tribunal.; and that Pt 11 violated his right to an effective remedy under art 13 of the Human Rights Convention.

Immigration – Asylum – Fear of persecution – Fresh claim – Expert evidence. Court of Session: Refusing a reclaiming motion in judicial review proceedings by a Chinese national who challenged a decision that her further submissions did not amount to a fresh asylum and human rights claim on the basis of her breach of Chinese family planning policy, the court concluded that the Lord Ordinary had not erred in refusing the petition and holding that the respondent's decision that the petitioner would not be entitled to rely, in support of her own appeal, on evidence given by an expert witness in another case, was not unreasonable or irrational.

Bank – Bank loan. The claimant bank's claim against the fifth defendant (K) succeeded, in a case concerning two ship-finance loan agreements that K had guaranteed. The bank had already obtained judgment against the first to fourth defendant companies, which were linked to K. The bank's claim on the personal guarantees given by K was governed by Greek law. The Commercial Court held that K's defences under Greek Law failed, and that the bank was entitled to judgment against him.

Easement – Right of way. The judge had erred in his construction of a conveyance made in 1968. The land that the respondent wished to build on (the yellow land) had not enjoyed a full right of way to the appellants' private road. Accordingly, the Court of Appeal, Civil Division, allowed the appellants' appeal and declared that the right of way did not benefit the yellow land.

Medical practitioner – Disciplinary proceedings. Despite flaws in the Medical Practitioners Tribunal's decision, the present was not a case where it could be concluded that the tribunal had been wrong to impose a period of conditional registration and to reject the sanctions of suspension or erasure. Accordingly, the Administrative Court allowed the General Medical Council's appeal on the basis of the flaws and remitted the case to the same tribunal for it to re-determine sanction in the light of the present judgment.