Latest Cases

Town and country planning – Enforcement notice. The Administrative Court allowed the appellant local authority's appeal by way of case stated against the second respondent magistrates' court's acquittal of the first respondent of two offences of breaching an enforcement notice issued by the appellant local authority against the change of use of a property to two self-contained flats without planning permission. 

European Union – Directives. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation and validity of a number of provisions of Directive 2014/40/EU concerning the manufacture, presentation and sale of tobacco and related products. The request had been made in two sets of proceedings brought by: (i) Philip Morris Brands SARL and Philip Morris Ltd; and (ii) British American Tobacco UK Ltd against the Secretary of State for Health in the United Kingdom, concerning the legality of the 'intention and/or obligation' of the UK government to implement Directive 2014/40. 

Contract – Formation. The Court of Appeal, Civil Division, dismissed an appeal against the judge's decision that there had been a binding contract between the parties, formed by the claimant (Reveille) accepting through conduct a written agreement, which had been signed by the defendant (Anotech), but not Reveille. It held that Reveille had waived the provision that there would be no binding contract in the absence of its signature on the agreement, and there had been no prejudice from that to Anotech. There had been acceptance by conduct on Reveille's part of the terms of the agreement, which had led to a binding contract. 

Post – Postal operator. The Administrative Court dismissed the judicial review proceedings commenced by the claimant international door-to-door courier of goods (DHL) against the information request served on it by the defendant Ofcom. DHL was a 'postal operator', within the meaning of the Postal Services Act 2011, and the request was not a nullity or disproportionate. 

Pension – Pension scheme. The Chancery Division ruled, in respect of a proposed transfer of the assets and liabilities of the Halcrow pension scheme to a new occupational pension scheme, that reg 12(3) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991, SI 1991/167, should not be construed in a way which required the actuary to consider the security of the benefits in the transferring and receiving scheme when giving a certificate under that regulation. Further, it held that there was no scope for a different construction or analysis of reg 12(3) where the transferring scheme was in winding up from the situation where it was ongoing. 

Damages – Personal injury. The Queen's Bench Division held that, taking into account the claimant's psychological state and loss of capacity, he was entitled to an award of damages for pain suffering and loss of amenity in the sum of £192,500 for the damage cause by the admitted negligence of a hospital. 

Patent – Infringement. The Intellectual Property and Enterprise Court, in dismissing Saertex France SAS' claim for infringement of a patent concerning a method of manufacture of fibre-based reinforcements, ruled that the patent was invalid, both as granted and as conditionally proposed to be amended, for lack of novelty and inventive step. 

Town and country planning – Planning authority. The Court of Appeal, Civil Division, dismissed the claimant developer's appeal against orders upholding the defendant local planning authority's adoption of the 'Tandridge Local Plan Part 2: Detailed Policies' and dismissing its claim for judicial review of the authority's adoption of its community infrastructure levy charging schedule. In respect of the former, it held that there had been no error of law in the inspector's conclusion that, with the proposed main modifications, the local plan part 2 had been sound. 

Personal Injury: Quantum Case. Road traffic accident. PSLA of £2,785. The claimant suffered soft tissue injuries when his vehicle collided with the defendant's vehicle. The defendant was found liable. 

Sentence – Imprisonment. In the claimant indeterminate sentence prisoner's application for judicial review of the defendant Secretary of State's decision to transfer him from open conditions back to closed conditions, following the introduction of a 'new absconder policy', the Administrative Court held that fairness had demanded that, after his return, the claimant be given sufficient reasons for the decision and an opportunity to make meaningful representations. However, subject to further argument, it was minded not to grant relief.