Latest Cases

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.

Anonymity – Court proceedings. Where the parties' identities were in the public domain and where there was legitimate public interest in claims brought by the dependants of two men killed in the course of their employment with the second defendant, BP Amoco Exploration (In Amenas) Ltd, in a terrorist attack at a gas production facility in Algeria, there was nothing to prevent or restrict the reporting of the fact that the proceedings had been settled before trial, without any admission of liability. However, the Queen's Bench Division ruled that the terms of the settlements should remain confidential. The court held that the parties had adopted a sensible approach and one which had appropriately protected the interests of the child claimants. Accordingly, the court approved the settlements and the suggested apportionments concerning them.

Damages – Personal injury. Where a claimant had been diagnosed with malignant mesothelioma, following exposure to asbestos, and where judgment on liability had been entered and the parties had agreed a lump sum of £230,000 to compensate general damages, drawing on interim payments to fund immunotherapy where the claimant's life expectancy was very limited was, by far, the more flexible and appropriate tool than a periodical payments order. The Queen's Bench Division so ruled in proceedings concerning the mechanism by which the claimant's continuing costs of immunotherapy should be ordered.

Company – Director. The judge had been correct in holding that two dividends paid by AWA to its parent company, Sequana, at a time when AWA was subject to contingent indemnity liabilities to another company in respect of clean-up costs and damages claims arising out of river pollution in the US, had fallen within s 423 of the Insolvency Act 1986. Accordingly, the Court of Appeal, Civil Division, dismissed Sequana's appeal. The court, among other things, also dismissed BTI's appeal against the decision that the dividends had not been paid in breach of the duty of the directors of AWA to have regard to the interests of its creditors.

Equity – Breach of confidence. The Chancery Division made rulings in a case concerning several scientists who, having worked for the claimant textiles company, formed their own company. The court held that, although there had been some breaches of contract, there had been no misuse of confidence, in contract or equity. There would be an order requiring delivery up of company property but, in the circumstances, no inquiries as to damages.

Extradition – Decision to charge or try. The judge had fallen into error in concluding that, by looking at the European arrest warrant seeking the appellant's extradition to Italy to face two charges of fraud and money laundering alone, there had been no reasonable grounds for believing that a decision to try had not been made and the judge should have considered the question at stage 2, in which the burden of showing the relevant matters fell on the respondent judicial authority. Accordingly, Divisional Court directed the parties to file and serve written submissions as to the appropriate form of remedy or relief.

European Union – Social security. Regulation (EC) No 883/2004 and, in particular, art 67, read in conjunction with art 11(2) thereof, should be interpreted as meaning that in order to be eligible to receive family benefits in the competent member state, it was not necessary for a person either to pursue an activity as an employed person in that member state or to be in receipt of cash benefits from that member state because or as a consequence of such activity. The Court of Justice of the European Union so held in a preliminary ruling concerning the decision by which the respondent Minister for Social Protection (Ireland) had refused to pay the applicant's family benefits for a portion of the period covered by his application.

Extradition – Particulars. On the evidence before the judge, he had been right to conclude that sufficient particulars had been provided of the single offence for which the appellant's return had been sought. Accordingly, the Administrative Court dismissed the appellant's appeal against orders for his extradition to Romania to serve a sentence of imprisonment of 4 months and 330 days for an offence of theft.

Criminal law – Criminal Cases Review Commission. The defendant Criminal Cases Review Commission had not erred in its refusal to make a reference in respect of the claimant's convictions for rape and sexual assault by digital penetration to the Court of Appeal, Criminal Division. Accordingly, the Divisional Court dismissed the claimant's application for judicial review of that decision.

Aviation – Flights. In considering a claimant's right to compensation for a 5 hour flight delay, the Court of Appeal, Civil Division, held that in considering 'extraordinary circumstances' within art 5(3) of Regulation (EC) 261/2004, what mattered was the air traffic management decision (ATMD) to suspend all eastbound flights from London Gatwick and not the underlying reason for that ATMD, namely the thunderstorms.