Latest Cases

Negligence – Causation. The Queen's Bench Division dismissed the claimant's case in negligence against the orthopaedic surgeon employed by the defendant NHS Trust as on the evidence, the claimant's grounds for establishing breach of duty and therefore liability had not been made out. 

Insolvency – Statutory demand. The Bankruptcy High Court allowed the applicants' application to set aside statutory demands made on them following the failure of a venture to develop land. The applicants submitted that their relationship with their bank had been such to suggest the existence of a joint venture, and that there was a possibility of a cross-claim against the valuer of the company that they had formed. The court held that the debts, or their enforceability, were disputed on substantial grounds and/or the applicants appeared to have a cross claim that was likely to equal or exceed the amount claimed in the demands. 

Immigration – Judicial review – Application for permission. Court of Session: In one of the first applications for permission to proceed with a petition for judicial review under the new Rules in Chapter 58 of the Rules of the Court of Session, in which a Nigerian citizen challenged the Home Secretary's decision to curtail his leave to remain for breach of one of its conditions, the court made observations on the test for permission and held that the petitioner had demonstrated a case with a real prospect of success and granted permission. 

Insolvency – Trust deed for creditors. Court of Session: In an action in which the issue was whether or not the trust comprised in a trust deed for creditors granted by the second pursuer came to an end on the trustee making what he described as a 'first and final' distribution of 22.41 pence in the pound to creditors, the court held that the meaning in cl (11) of the words 'the final distribution of my Estate . . . by my Trustee in accordance with this Trust Deed' to be preferred as being more consistent with business common sense was the meaning the pursuers contended for, and accordingly when the trustee made a payment of what he deemed to be a final dividend on 5 November 2010 the trust terminated at that time. 

Creditor – Partnership. The Chancery Division dismissed appeals made by Z against orders made by a district judge in the course of his attempts to challenge an individual voluntary agreement made in relation to K, against whom he had commenced proceedings. The district judge had not erred in her findings or proceeded on an incorrect basis. 

Patent – Infringement. The Court of Appeal, Civil Division, allowed an appeal against the quantification of an account of profits following an earlier finding that the defendant had infringed the claimants' patent for a snap-in insert that attached to shop display panels. The judge had erred in his approach to apportionment of the overall profit made by the defendant and had further erred in his assessment of the deduction of general overheads. 

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling, deciding that the Combined Nomenclature (CN) set out in Annex 1 to Council Regulation (EEC) No 2658/87, as amended by Commission Regulation (EC) no 1214/2007 had to be interpreted as meaning that a product such as the 'video multiplexer' at issue in the main proceedings should, subject to the referring court's assessment of all the facts before it, be classified in CN heading 8521 of that nomenclature. 

Variation of trusts – Power of appointment. The Chancery Division gave its reasons for allowing an application to vary three trusts. The object of the variation was to eliminate the need for the involvement of non-parties to the proceedings in discussions about the future of the trust. The court held that, in the circumstances, it was perfectly proper for the trustees to effect the partial releases. No fraud on a power was involved. 

Professional misconduct – Disciplinary proceedings. The Administrative Court dismissed the appellant's appeal against the decisions of the Conduct and Competence Committee Panel (the panel) of the respondent Health and Care Professions Council, that her fitness to practise as a social worker was impaired by reason of her misconduct, and making a striking off order, removing her name from the register. The panel's factual findings with respect to two allegations had been supported by evidence and its decision on sanction had been lawful. 

Arbitration – Award. The Mercantile Court held that a New York Convention arbitration award should be enforced in the courts of England and Wales in its entirety. The important public policy against enforcement of penalty clauses was not sufficient to permit refusal of enforcement. The decision of the court chosen by the parties, applying the law chosen by the parties, would be respected.