Latest Cases

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. 

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. 

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. 

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. 

Police – Disclosure of information. The Administrative Court allowed the claimant's application for judicial review of the decision of the defendant Independent Monitor of the Home Office, upholding the disclosure of information in an enhanced criminal record certificate. The defendant had not undertaken the independent review required of him and his analysis could not withstand the application of the Wednesbury test of reasonableness. 

Family proceedings – Orders in family proceedings. The Family Division ruled on the re-hearing of cross-applications for child arrangements orders in respect of a six-year-old child, T, whose mother had died. It held that, in all the circumstances, T's interests would be best served by her remaining in the care of the family friends of the mother and a child arrangements order would be made that T lived and made her primary home with them. However, the father and his partner had to play a full part in T's life and childhood and a further child arrangements order would be made which provided for, among other things, contact and visits during the school holidays. 

Shipping – Charterparty. The Commercial Court dismissed the claimant charterer's application for permission to appeal against the decision of an arbitrator regarding the financial consequences of the detention of the vessel that was the subject of an agreement between the parties. The arbitrator had not erred in his interpretation of the contract. Further permission to appeal had been required, and would be refused because the statutory criterion in the Arbitration Act 1996 had not been fulfilled. 

Immigration – Illegal entry and other offences. The Court of Appeal, Civil Division, upheld the imposition of civil penalties imposed on the appellants under the carriers' liability provisions of the Immigration and Asylum Act 1999, following the discovery, upon a search in the United Kingdom immigration control centre at Calais, of three Afghan nationals in the trailer of a heavy goods vehicle operated by the first appellant and driven by the second appellant. 

Immigration – Appeal. The Administrative Court allowed the claimant Afghani national's application for judicial review of the refusal of the defendant Upper Tribunal (Immigration and Asylum Chamber) to grant permission to appeal against the refusal of the First-tier Tribunal (Immigration and Asylum Chamber) to fully address his appeal under art 8 of the European Convention on Human Rights. However, in the circumstances, relief would be declined.