Latest Cases

Negligence – Personal injury. The Court of Appeal (Civil Division) dismissed the claimant's appeal in a personal injury action against the judge's finding that the claimant had not been found by him to be a credible witness and that on the balance of probabilities the claimant had not satisfied him of the account as he had changed significant details. The court held that the judge had been entitled to so find. 

Personal Injury – Liability – Contributory negligence. Sheriff Court: In an action in which the pursuer sought damages in respect of injuries she sustained following a collision between the bicycle she was riding and the defender's dog, the court held that the primary cause of the collision was the defender's fault in failing to take appropriate steps to control his dog on a public road and thereby allowing it to run into the path of the pursuer's bicycle, however the pursuer, having failed to moderate her speed or to be aware of the potential presence of hazards around a blind bend, or to have given any warning of her impending approach, contributed to the loss, injury and damage she sustained as the direct result of the collision: liability would be apportioned as 70% to the defender and 30% to the pursuer. 

Personal Injury: Quantum Case. Sexual abuse. PSLA of £65,000.00 with total damages of £184,580. The claimant was sexually abused on a regular basis by the defendant between 2000, when she was eight years of age, and 2006. 

Police – Complaint against police. The Court of Appeal, Civil Division, dismissed the appellant's appeal against the judge's decision, dismissing his claim against the defendant Metropolitan Police Commissioner in its entirety. On the facts, the judge had not erred in dismissing the appellant's allegations of assault, and breaches of arts 3 and 8 of the European Convention on Human Rights, as the police officers' conduct had been necessary. 

Costs – Order for costs. In allowing the appellant's appeal, the Court of Appeal confirmed that the appellant's unsuccessful claim brought against the Motor Insurers' Bureau for personal injuries was subject to the provisions under CPR 44, namely, the Qualified One-Way Costs Shifting regime. Accordingly, the judge in the substantive hearing had erred when he enforced a costs order against the appellant.

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of Commission Regulation (EC) No 1047/2001 and Council Regulation (EC, Euratom) No 2988/95. The request had been made in proceedings between Mr M. Cervati, in his capacity as general partner and legal representative of Società Malvi Sas di Cervati Malvino, a partnership having ceased to trade (Malvi), and the partnership itself and the Italian Customs Authority), concerning a correction and recovery notice notified to Malvi in relation to imports of garlic of Argentinian origin subject to a preferential rate of customs duty. 

Landlord and tenant – Breach of covenant to repair. The Court of Appeal, Civil Division, allowed the defendant tenant's appeal on two issues arising out of proceedings brought by the claimant landlord for alleged breach of repairing covenants contained in the lease of business premises. Among other things, it held that the tenant's replacement of the tiled carpeting system with a strip carpet system shortly before the determination of the lease had constituted a permitted alteration and the tenant had not been in breach of covenant in relation to the carpets. 

Immigration – Education. In an 'unreported decision', the Upper Tribunal (Immigration and Asylum Chamber) allowed appeals against the respondent Secretary of State's decisions cancelling the appellants' leave to remain in the United Kingdom on the ground that they secured an English language qualification by fraud. There was no hesitation in accepting evidence of the appellants' expert in voice recognition, which constituted an unremitting critique of the Secretary of State's evidence. 

European Union – Free movement of capital. The Court of Appeal, Civil Division, allowed, in part, an appeal by the Revenue and Customs Commissioners against two judgments regarding the tax treatment of dividends paid to United Kingdom companies on shares in foreign companies. The court upheld the judge's finding that European law required a tax credit for the higher of tax actually paid and the foreign nominal rate of tax of the dividend paying company capped at the UK corporation tax rate. The appeal succeeded regarding the pro rata arrangements for advance corporation tax payments. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling, deciding that, the general principle prohibiting discrimination on grounds of age, as given concrete expression by Council Directive (EC) 2000/78 should be interpreted as precluding, including in disputes between private persons, national legislation, such as that at issue in the proceedings before the referring court, which deprived an employee of entitlement to a severance allowance where the employee had been entitled to claim an old-age pension from the employer under a pension scheme which the employee had joined before reaching the age of 50, regardless of whether the employee chose to remain on the employment market or take his retirement.