Latest Cases

Claim form – Service. The proceedings related to liability insurance policies issued by the claimant company. The Commercial Court considered the claimant's application for an anti-suit injunction to preclude the defendant from pursuing claims under global policies in Australia. The dispute concerned global liability policies issued in England and a 'broadform' liability policy issued in Australia. The court held that, following settled principle, proceedings would be on foot in the courts of both Australia and England. The English proceedings would be stayed to allow the Australia issues to be resolved first. 

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: Quantum Case. Road traffic accident. PSLA of £2,650, with total damages of £3,294. The claimant suffered severe neck pain, moderate upper back pain and severe persistent headaches as a result of his car being hit from the rear by another vehicle. Treatment lasted until four months after the accident. 

National health service – Pharmaceutical services. The Administrative Court allowed the claimant company's application for judicial review of the defendant NHS's decision to grant the first interested party the right to open a pharmacy, although the claimant had already been given such grant and there was only one suitable premises in the village. The NHS had erred in law by having disregarded the relevant consideration that only one building was available within the best estimate of location given by both grant applicants. 

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. 

Libel and slander – Defamatory words. The Queen's Bench Division held that in a claim for slander the claimant had not proved that the defendant had made the statement complained of and therefore the claim failed at the first hurdle. 

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. 

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. 

Solicitor – Negligence. The Court of Appeal, Civil Division, allowed the defendant solicitors' firm's appeal and allowed the claimant's cross appeal from an order made after the quantum only trial of a professional negligence claim against the defendant. The judge had made an error of principle in having confined his assessment of loss to the transaction date, rather than the trial date and none of the judge's reasons justified the conclusion that the claimant had not unreasonably failed to mitigate its loss. Nonetheless, the defendant was liable for the full cost which the claimant had incurred in curing a defect in a lease, albeit after trial, in the sum of £157,100. 

Contempt of court – Committal. The Chancery Division ruled that the defendant company (a nightclub) and its sole director and shareholder at the material times were guilty of contempt of court by reason of the breaches of an injunction restraining them from infringing the claimant's copyright by using, without a licence, recordings in the claimant's repertoire as specially featured entertainment at the nightclub.