Settlement – Accruer clause. The judge had been correct in his construction of the terms of a settlement and determination of how a disputed share of the settlement fund, which had been held by an individual who had died without leaving children, should be applied. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant's appeal.
Practice – Pre-trial or post-judgment relief. The defendant sewage undertaker's application to strike out the claimant's claim succeeded or the basis of, amongst other things, issue and cause of action estoppel. The Chancery Division, further held that the claimant's application to amend the claim form was to be dismissed as it had sought to add a further ground which had already been decided and was accordingly an abuse of process.
Minor – Custody. There was no doubt that, on an interim basis, the child's (K's) welfare would be best promoted by being reunited with his mother, in tandem with the continuation of the care that his grandmother and grandfather had provided over the last year. Accordingly, the Family Division allowed the mother's application for an order for K's return from India to the jurisdiction of England and Wales for a period of around six months from the date of his return.
Police – Unlawful conduct. In finding that a police officer's actions in striking the respondent with a baton during an arrest had been disproportionate, the trial judge had erred in expressing specific findings as to whether the officer had intended to injure the respondent. The Queen's Bench Division held that there had been a lack of express reference by the judge of her findings and it was accordingly right to remit the matter for those matters to be considered afresh.