Latest Cases

Disclosure and inspection of documents – Order for disclosure. The Commercial Court allowed the second defendant's application for the discharge of a Norwich Pharmacal order that had been made against the defendants, and which required them to disclose information relating to an alleged plot to discredit, among others, the fourth claimant company. The court held that there had been very serious failures of the duty to make full and frank disclosure of material facts, and the claimants had failed to demonstrate that the information sought had been required for a legitimate purpose. 

Family proceedings – Orders in family proceedings. The Family Court, in a fact finding hearing where two families were involved made findings of fact in relation to a non-accidental injury of a child L, in order to determine the future of three infants who were each the subject of care proceedings brought by the local authority. The principal facts which the court was being asked to find concerned the brain injuries sustained by L. 

Immigration – Leave to remain – Appeal. Court of Session: Refusing an appeal by five Pakistani citizens, a principal applicant, who sought leave to remain in the UK as a tier 1 (entrepreneur) migrant, and her husband and three children, whose application was refused on the basis that she had not complied with the requirement to show access to at least £200,000 for the purpose of investing in a business in UK, and whose appeals were refused by the First-tier Tribunal and the Upper Tribunal, the court held that the necessary letter from the bank confirming that the funds in her husband's account were available to the first appellant was missing, there was nothing to suggest that the husband had placed the funds under his wife's control, and in those circumstances common sense, humanity, or 'a modicum of intelligence' did not require a different approach from that taken by the Secretary of State. 

Contract – Intention to create legal relationship. The Queen's Bench Division construed a contract using ordinary principles of contractual construction and found in favour of the claimant that a notice had in fact been a demand that the defendant purchase the relevant shares. 

Town and country planning – Enforcement notice. The Planning Court dismissed the appellant's appeal against the decision of the inspector appointed by the first respondent Secretary of State, upholding the enforcement notice issued by the second respondent local planning authority. The appellant's four grounds of appeal were rejected. 

Insurance – Broker. The Commercial Court allowed the defendant's CPR Pt 20 claim against the third parties, following the defendant's settlement of the claimants' claim for its breach of contractual and/or tortious duties. It held that both the defendant and third parties had been at fault. Accordingly, liability would be apportioned at 30% for the third parties and 70% for the defendant. 

Landlord and tenant – Verbal lease – Action of delivery – Personal bar. Sheriff Court: In an action concerning a verbal lease of a garage forecourt shop that was converted into a chip shop, in which the pursuer sought delivery of moveable equipment that was installed in the chip shop, failing which payment of the value of the equipment, and payment of damages in respect of profits lost due to an alleged material breach of the verbal lease, the court held that the defender's defence to the action of delivery could not succeed but the pursuer could not rely on the personal bar provisions in the Requirements of Writing (Scotland) Act 1995 in order to recover damages for the loss of future profits on the basis of material breach of the verbal lease. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of Council Directive (EEC) 80/987. The request had been made in proceedings between Greece and Mr Stroumpoulis and other Greek seamen concerning the loss they claimed to have suffered as a result of the failure to transpose that directive correctly into Greek national law. 

Minor – Medical treatment. The Family Division made an order by consent granting a declaration that the applicant health board's treatment plan in respect of a baby, Y, incorporating the withholding and withdrawal of treatment in certain respects, was lawful as being in Y's best interests. 

Family proceedings – Fact finding hearing. The Court of Appeal, Civil Division, allowed, in part, an appeal against orders allowing for publicity and media attendance at the re-opening of a fact finding hearing in care proceedings. In circumstances where the re-hearing was in respect of fresh medical evidence, the court ordered that any reference to medical evidence be redacted from the earlier fact finding judgment. Further, tighter requirements were put in place regarding the control of reporting by the media.