Latest Cases

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. 

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. 

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. 

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. 

Bond – Issue of. The Commercial Court, ruling on a preliminary issue concerning the validity of a mandatory conversion notice by the defendant, issued in respect of US$70m 2.5% convertible bonds, held that the notice had been valid. 

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. 

Criminal law – Sentence. The Court of Appeal, Criminal Division, held that a total sentence of five years' imprisonment, for the offences of assault occasioning actual bodily harm and causing a person to engage in sexual activity without consent, had been unduly lenient. A total sentence of seven years' imprisonment would be more appropriate in the circumstances. 

Capital gains tax – Disposal of assets. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) to the effect that a disposal of cash by the taxpayers of two loan notes did not bring into charge an accrued capital gain. The tribunal decided that the effect of the conversion of those loan notes fell to be treated as one conversion to which s 116(1) of the Taxation of Chargeable Gains Act 1992 applied so that on the conversion of the successor notes, the frozen gain was realised under s 116(10) of that Act. 

Company – Administration. The Court of Appeal, Civil Division, in dismissing the appellant company's appeal against a decision allowing the respondent's appeal against the refusal of his application to be joined as a party to proceedings brought by the appellant, ruled on the construction of the provisions for a moratorium in connection with the administration of a company contained in para 43(6) of Sch B1 to the Insolvency Act 1986. 

Company – Liquidation. The Chancery Division considered an application by the joint liquidators of Longmeade Ltd for directions, pursuant to s 168(3) of the Insolvency Act 1986 in relation to a potential claim in negligence, which they had identified could be made by the company against the Secretary of State for Business Innovation and Skills. Consideration was given to the principles to be applied to the modified regime concerning the commencement of proceedings by a company in compulsory liquidation post-26 May 2015.