Latest Cases

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. 

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. 

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. 

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, on the father's application for the return to Ireland of his 13-year-old son, A, concluded that A's return to Ireland would be ordered, despite his objections. Among other things, it held that, against the expressed strength of A's objections, the countervailing considerations were compelling and the clear influence of the mother and of A's older half-brother upon the development of his objections could not be ignored. 

Children and young persons – Protection. The Administrative Court held that the defendant local authority had made an irrational decision in not finding that C was a child in need under the Children Act 1989 on the basis of the risk of radicalisation. 

Employment – Disability discrimination. The Employment Appeal Tribunal dismissed the employer's appeal against a finding by the employment tribunal (ET) that an employee's claim for disability discrimination began to run by a specified date. It held that the tribunal's decisions to extend time under s 123(1)(b) of the Equality Act 2010 in respect of that claim and a separate claim of harassment had been wrong in law. 

Conflict of laws – Foreign government. The Commercial Court adjourned a case concerning a dispute over which of two regimes was recognised as the government of Libya following the fall of Colonel Gaddafi in 2011. The dispute arose in respect of Libya's Sovereign Wealth Fund (LIA), which had assets of approximately US$67bn and in circumstances where, shortly before the trial was due to start, the Foreign and Commonwealth Office had written to the court and the parties stating Her Majesty's Government's (HMG) position on the question of recognition. The court held, on a point of principle, that where the court had received a formal communication from the British government, it was that communication which was the voice of HMG for legal purposes and it was not open to the court to set aside the letter and look at other material in an attempt to identify what the position of HMG actually was. In the circumstances, it would be both contrary to principle and premature at the present time to rule on the issue as to the chairmanship of the LIA. 

Landlord and tenant – Repair. The Court of Appeal, Civil Division, upheld the dismissal of a claim under s 4 of the Defective Premises Act 1972, which the appellant had brought, following her having slipped and fallen as she had walked up the stairs of a property. Among other things, it held that there was little doubt that, without a handrail, the staircase was a hazard. However, as unsafe as it might have been, there was nothing about it that could possibly justify the description of being in disrepair.