Latest Cases

Claim form – Service. The Court of Appeal, Civil Division, dismissed an appeal against the refusal to validate service of a claim form under CPR 6.15. There had been no error in law in the judge's approach in circumstances where there had not been a good reason not to have correctly effected service on the defendant within time. 

Criminal law – Procedure. The Lord Chief Justice handed down Amendment No 1 to the Criminal Practice Directions 2015 on 23 March 2016. 

Practice – Settlement. The Commercial Court held that the claimant company's application for summary judgment with regard to a threshold issue in its claim against the defendant solicitors' firm would be dismissed. The court held that the claim advanced by the claimant would be 'caught' by an earlier settlement agreement and the defendant was entitled to a declaration to that effect. 

Minor – Custody. The Family Division held that the father's defences under arts 12 and 13 of the Hague Convention on Civil Aspects of International Child Abduction 1980 had not been made out and the two children retained by him in the United Kingdom had to be returned to Spain where their mother resided and where they had been habitually resident. 

Education – Discrimination – Age and/or disability. Court of Session: In an appeal by a local education authority, which had refused a request to continue funding the school fees of the pursuer, who suffered from a disability (autism), for further year after he attained the age of 18, and also refused to grant him funding by way of a bursary, the court allowed the appeal in part, holding that while the sheriff was entitled to find that the local authority did discriminate against the pursuer and an award in respect of anxiety and upset should be affirmed, it was not open to the sheriff to make an award based on a finding of liability to pay the school fees for a further year. 

Insolvency – Liquidation – Summary remedy against delinquent directors. Sheriff Court: Refusing an appeal in proceedings brought by the liquidator of a company under s 212 of the Insolvency Act 1986, seeking a summary remedy against the company's sole director, in which the sheriff found that the defender had misapplied certain sums which should have been paid to the company and ordained him to contribute to its assets a sum equal to the total of those sums by way of compensation, the court, after repelling an objection to the competency of note of the appeal, held that although procedural in nature s 212 did provide a summary remedy and that there was no requirement that the court have regard only to actual loss to the company. 

Banking and finance – Lending and security – Performance bond – Notice calling up bond – Validity. Court of Session: Refusing a reclaiming motion in an action seeking payment of a sum said to be due by the defender under a performance guarantee bond it had granted in favour of the pursuer in security of the obligations of the operator of an opencast mine to restore the land following the cessation of mining operations, in which the defender asserted that the notice the pursuer served to call up its liability under the bond was invalid, the court held that the Lord Ordinary was correct to conclude that the notice sent by the pursuer was an effective notice in the light of the terms of the bond. 

European Union – Agricultural products and foodstuffs. The Court of Justice of the European Union gave a preliminary ruling, decising that art 27(4)(a) and Annex VI, points (1) and (2), of Regulation (EC) No 882/2004 of the European Parliament and of the Council should be interpreted as precluding member states, when they prescribed the fees charged to food sector establishments, from including the costs connected to the compulsory basic training of official auxiliaries. 

European Union – Environment. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that the combined provisions of arts 34 and 36 of the Treaty on the Functioning of the European Union should be interpreted as not precluding the notification and registration requirement for chemical products, as provided for in the national legislation at issue in the main proceedings. 

Capital gains tax – Assessment. The Court of Appeal, Civil Division, dismissed a taxpayer's appeal against a finding that there was no right to a separate preliminary hearing to determine whether, under s 29 of the Taxes Management Act 1970, the Revenue and Customs Commissioners had validly made a discovery assessment.