Latest Cases

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. 

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 – 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. 

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. 

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. 

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. 

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. 

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. 

Personal Injury: Quantum Case. Road traffic accident. PSLA of £2,600 with total damages of £3000. The claimant suffered severe shock plus severe neck and shoulder pain when his stationary car was struck by another car from the rear. 

Family proceedings – Orders in family proceedings. The Family Division held that there was no statutory power to direct post-mortem scientific testing to establish biological relationships but that the order that a stored DNA sample of a deceased could be tested alongside a sample of the applicant's would be made in the present case under the inherent jurisdiction of the High Court.