Latest Cases

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. 

Prison – Prison conditions. The Administrative Court dismissed an application for judicial review of a decision by a prison to move the claimant's civil partner to a separate cell in circumstances where the claimant was disabled and contended that she had required her partner's assistance. The prison's 'intimate relationship restriction' had not been applied inflexibly and had been required to maintain order and discipline. Her rights under arts 3 and 8 of the European Convention on Human Rights had not been engaged. Further, there had been no breach by the prison of ss 20 and 149 of the Equality Act 2010. 

Immigration – Leave to remain – Right to family life. Court of Session: Refusing an appeal by a Pakistani national against a decision of the Upper Tribunal adhering to a decision of the First Tier Tribunal (FTT) upholding the respondent's decision to refuse his application for leave to remain in the UK as the spouse of a British citizen, the court held that the FTT was entitled to conclude that the appellant's case did not amount to a disproportionate interference with his or his wife's rights under art 8 of the European Convention on Human Rights: there were no weighty or exceptional factors which could have justified granting leave outwith the Immigration Rules on the basis of art 8 proportionality. 

Building contract – Engineer. The Technology and Construction Court held that, on the true construction of a contract between the parties, the defendant company was entitled to recover payment of liquidated damages from the claimant company without agreement or determination by an engineer of the defendant's entitlement to liquidated damages. 

Sentence – Sexual offences against children. The Court of Appeal, Criminal Division, held that a community order for 3 years, with a rehabilitation activity requirement for 60 days, for 8 counts of sexual activity with a child aged 14, had not been unduly lenient in the particular circumstances of the present case. 

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. 

Public procurement – Tender process. Court of Session: Pronouncing decree of absolvitor in action in which the unsuccessful bidders in a competition for the award by the defenders of a contract for the provision of ferry services sought damages, contending that the defenders breached the duty of transparency imposed by reg 4(3) of the Public Contracts (Scotland) Regulations 2006 in two respects, the court rejected contentions that the defenders had failed to define the subject matter of the contract with the clarity required by law and that their evaluation of the freight proposals in the bids which had been submitted had been carried out without reference to any objective criteria. 

Solicitor – Negligence. The Court of Appeal, Civil Division, dismissed the claimants' appeal in respect of the applicable measure of damages, which arose out of the admitted negligence on the part of the defendant solicitors' firm in respect of a property transaction. In upholding the judge's award of £250, representing the cost of an application to the local authority to remove a planning restriction on the property, it held that, by reason of the subsequent removal of the restriction, the claimants had suffered no loss and there was nothing in respect of which they required to be compensated. 

Shipping – Charterparty. The Commercial Court dismissed the claimant owner's appeal against a finding of the tribunal that the defendant charterers had been entitled to order a vessel hired from the owner to load further cargo. The court held that, on the true construction of the charter between the parties, the charterers had been entitled to order the vessel to load further cargo at a port in Oman.