Latest Cases

Medical practitioner – Professional conduct committee. The Court of Appeal, Civil Division, allowed the General Medical Council's appeal in two conjoined cases and remitted both matters to the High Court. In doing so, the court gave guidance on the approach to be taken by the Fitness to Practise Panel in proceeding without the individual present or represented at the hearing and the question of the admissibility of fresh evidence both as to the reason for non-appearance and the general merits. 

Contract – Contract for service. The Commercial Court dismissed the claimant's claim regarding an alleged agreement between the parties by which the claimant was to provide services to the defendant. On the evidence, no legally binding contract had been made between the parties, either orally or in writing. 

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. 

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. 

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. 

Criminal law – Bill of indictment. The Queen's Bench Division allowed the applicant Environment Agency's application for the granting of a voluntary bill of indictment in the context of proceedings concerning alleged offences in relation to the storage and processing of waste wood, contrary to the provisions of the Environmental Permitting Regulations 2010, SI 2010/675. The court held that the judge, in dismissing the claim, had made a fundamental error of law that had been clear or obvious, and that it was in the interests of justice for the application to be allowed. 

Employment Tribunal – Practice. The Employment Appeal Tribunal (EAT) allowed the employer's appeal against a decision of the employment tribunal permitting an extension of time for an unfair dismissal claim to be brought out of time. The EAT remitted the case to the same tribunal for re-consideration. 

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. 

Building contract – Contractor. The Technology and Construction Court allowed the claimant company's application for declaratory relief in a dispute concerning the payment obligations under a contract and an escrow agreement. The court held that the first defendant had not made a valid interim application within the meaning of the contract, and thus no default event had occurred within the meaning of the escrow agreement. 

Arbitration – Award. The Commercial Court dismissed an appeal by the appellant company, Vinergy, against an arbitration award in a dispute concerning the supply of bitumen by the defendant company, Richmond, to Vinergy for an extendible term of ten years. The court held that, among other things, Richmond had been able to rely on an unhindered common law right to terminate the MSA by reason of a repudiatory breach so as to completely bypass the notice and remedy requirements in the termination clause.