Latest Cases

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. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court dismissed the appellant registered nurse's appeal against the decision of the respondent Conduct and Competence Committee (the CCC) of the Nursing and Midwifery Council, finding her fitness to practise impaired and striking her name off the register. Having reached the findings it had, the CCC's conclusions as to impairment and sanction had been fully and carefully considered, and it had been entitled to reach the conclusion it had. 

Pension scheme – Changes to administration of scheme. Court of Session: In a special case in which a company and the trustees of the company pension scheme, who had been unable to discover sufficient evidence to demonstrate that in 1992 decisions in respect of changes to escalation of benefits and equalisation of pension date were made and recorded in accordance with the requirements of a clause making provision for amendment of the rules of the scheme, invited the court to decide whether it could be inferred that in 1992 the trustees exercised powers under another clause to apply special terms, both in respect of escalation and equalisation, that the company consented thereto and that intimation thereof was made to members in accordance with that clause, the court answered the question in relation to escalation in the affirmative (with a reservation) and the question in relation to equalisation in the negative (with an exception). 

Contract – Breach. The Privy Council dismissed the appellant's appeal against, among other things, a decision that a clause in a lease of part of a resort, granted by the appellant to the respondent, did not restrict the respondent's right to claim damages for breach of contract. It held that, absent any indication in the wording of the clause in the context of the lease as a whole that the 'penalty fee' was to be in substitution for common law damages for breach of contract, the fee would be construed as an additional charge on the occurrence of an interruption caused by a breach of contract. 

Iqbal v Procurator Fiscal, Dumfries 

Trade dispute – Dispute connected with terms and conditions of employment. The Queen's Bench Division held that an interim injunction would be granted using the usual test of the American Cyanamid principles that drivers be told that the court had declared that, pending any industrial action and any agreement reached thereafter, they should operate trains on a 12-car DOO(P) basis on those services which had formerly had a 10-car DOO(P) service to Gatwick, on the Gatwick Express. 

Medical practitioner – Disciplinary proceedings. The Administrative Court, in dismissing the claimant British Medical Association's application for judicial review, held that para 6(b) of the Schedule to the General Medical Council (Legal Assessor and Legally Qualified Persons) Rules Order of Council 2015, SI 2015/1958, which provided that a legally qualified tribunal chair did not need to advise other panel members on any question of law in the presence of the parties after deliberations had begun, was neither contrary to the requirements of art 6 of the European Convention on Human Rights or common law fairness, nor otherwise unlawful. 

Road Traffic – Disqualification from driving. The Court of Appeal, Criminal Division, provided guidance as to the effect of the introduction into the Road Traffic Offenders Act 1988 of sections 35A and 35B, provisions relating to disqualification of driving. In particular, it set out a checklist indicating an appropriate way of working to formal sentencing decisions in respect of disqualification. 

Town and country planning – Permission for development. The Administrative Court dismissed the claimant's challenge to the decision of the first defendant Secretary of State, dismissing its appeal against the refusal of planning permission for two alternative developments. There had been no misinterpretation of the National Planning Policy Framework, and no error with respect to the five-year housing supply or the discount of the claimant's proposed contribution to a bridge. 

Agent – Duty to principal. The Chancery Division allowed in part the claimant company's claim that the defendant, B, had made unauthorised payments into certain accounts in the course of managing investments and securities. The court held that B had not been authorised to make the payments, and had acted in breach of duty. He was liable to compensate the claimant for breach of the duty he owed to it as its agent.