Latest Cases

European Union – Social security. The Court of Appeal, Civil Division, in dismissing an appeal against rejection of a claim for employment and support allowance (ESA) by a European citizen from another member state, held that the labour market-related benefits which an EU citizen from another member state could claim by virtue of EU citizenship was restricted to those whose sole or predominant function was to facilitate access to the labour market. ESA was not, on that test, a labour market-related benefit and a job seeker from another EU member state was not eligible for it. 

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 – 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. 

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. 

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. 

Civil procedure – Interim interdict – Construction of will and codicil. Court of Session: In proceedings in which the pursuers contended that a will and codicil should be read as requiring the defender to ensure that their rights to development profits were guaranteed in all time coming by the imposition of a burden on the title to an estate, and that unless interdicted he would convey the estate to a third party free of arrangements giving effect to the condition which ought to attend the title, the court recalled an interim interdict granted earlier, holding that the pursuers' averments and submissions disclosed at best a weak prima facie case and that the balance of convenience did not favour the grant of interim interdict. 

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. 

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. 

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 – Leave to enter. The Administrative Court dismissed the claimant charity's application for judicial review of amendments to the Immigration Rules concerning the admission of adult dependent relatives. It rejected arguments that the rules were outwith the defendant Secretary of State's power, arbitrary and unreasonable, and incompatible with art 8 of the European Convention on Human Rights.