Latest Cases

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 67(3) of Regulation (EEC) 1408/71 had be interpreted as not precluding a member state from refusing to aggregate periods of employment necessary to qualify for unemployment benefit to supplement income from part-time employment, where that employment had not been preceded by any period of insurance or of employment in that member state. 

Immigration – Detention. The Court of Appeal, Civil Division, dismissed the claimant Somali national's appeal against the dismissal of his claim for judicial review, seeking a declaration and damages in the tort of false imprisonment and for breach of art 5 of the European Convention on Human Rights on the basis that he had been unlawfully detained by the defendant Secretary of State. Among things, it held that each of the conclusions reached by the deputy judge that had underpinned his conclusion that the period of the claimant's detention had been reasonable in all the circumstances had been material conclusions he had been fully entitled to have reached on the evidence available to him. 

Negligence – Causation. The Queen's Bench Division held that the defendant hospital had been in breach of duty in not administering prophylactic heparin to the claimant on 29 June, following is admission for post operative pain, when on a balance of probabilities it would have prevented the pulmonary embolism which had subsequently occurred. 

Mental health – Court of Protection. The Court of Protection, on the Public Guardian's application to revoke a Lasting Power of Attorney (LPA) for property and financial affairs, held that, in circumstances where the only evidence of the donor's capacity was in the Court of Protection General Visitor's report, which was ambivalent on the question of her capacity to revoke the LPA, an assessment by a Court of Protection Special Visitor was required prior to considering revoking the LPA and making a substantive deputyship appointment. Pending receipt of that report, the attorneys' authority to act under the LPA would be suspended and the donor's daughter would be appointed as an interim deputy. 

Practice – Striking out. The Technology and Construction Court granted a local authority's application to strike out a claim brought by an unsuccessful tenderer, under the Public Contract Regulations 2015, SI 2015/102 (the Regulations), where a contract for council tax and similar debt collection and enforcement services by bailiffs and enforcement agencies amounted to a 'services concession contract' and therefore fell outside the Regulations. The claim was unarguable in law and fact and there were procedural and substantive authorities which made it plain that a CPR Pt 7 claim should not be amended so as to turn it into a claim for judicial review, as requested by the claimant. 

Divorce – Financial provision. The Family Division held in the wife's case for financial remedy that an award of £8.8m was fair having regard to all the relevant factors. In so deciding, it refused to give effect to the wife's submission that she was in fact entitled to an award of £29m. 

Libel and slander – Pleading. The Queen's Bench Division, in a libel action, allowed the claimant's application to strike out parts of the defence and, bar one exception, refused the defendants' cross-application to amend their defence. 

Administrative law – Judicial review. The Administrative Court dismissed the claimant's application for judicial review of the decision of the defendant housing association with charitable status to decline to approve the exchange of his assured tenancy. On the facts of the case, the defendant had not been exercising a public function in relation to the claimant's tenancy. 

Adoption – Order. The Family Division, on an application for an adoption order in respect of a three-year-old child by a couple with whom she had been with since she was about eight months old, held that adoption was not only in the child's best interests, but that it was the only possible outcome that met her needs and that was capable of promoting her welfare throughout her life. The mother's consent to the making of an adoption order would be dispensed with, on the statutory ground that the welfare of the child required the order to be made. 

Pension – Pension scheme. The Chancery Division allowed the defendant company's application to strike out a claim against it where, on the true construction of the relationship between the parties, certain investment arrangements were to be treated as forming part of a bespoke self-invested pension plan. The investments did not fall within the exemption provided by the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (SI 2001/1062). The paragraphs identified by the defendant would be struck out.