Latest Cases

Contract – Intimidation. The Court of Appeal, Civil Division, dismissed the claimant's appeal in respect of disputes that had arisen after he had sold, to the claimant, his shares in the company of which they had been directors. The claimant had not been intimidated into selling his shares, there had been nothing unfair or prejudicial in the judge's conduct of the case and the claimant's claim for a contribution to the sums that he owed the company failed as the sums that he had misappropriated had been for his exclusive benefit. 

Minor – Abduction. The Family Division dismissed the mother's application to strike out the father's application under the Hague Convention for the return of his children to Spain from England. It was generally inappropriate for the courts to entertain an application to strike out a summary application under the Convention, save in the exceptional circumstances which were not present in the instant case. 

Proceeds of crime – Practice. The Administrative Court, in refusing to discharge a property freezing order and disclosure orders, gave guidance on procedural aspects of obtaining such orders. In particular, it held that applications for such orders could be determined on paper applications at without notice hearings and that reasons should be given, but the National Crime Agency should seek a hearing in any case where disclosure had presented any real difficulty and in most cases involving very complex documentation. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed a father's appeal against an order which both provided for his two children to live with the mother and dismissed his application for direct contact with his children, providing for there to be only indirect contact for an unspecified period of time in the future. The recorder had fallen into error by having failed to grapple with all the available alternatives before abandoning hope of achieving contact. 

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling, deciding that Council Directive (EEC) 93/13 precluded national legislation, such as that at issue in the main proceedings, which did not permit the court ruling on the enforcement of an order for payment to assess of its own motion whether a term in a contract concluded between a seller or supplier and a consumer was unfair, when the authority hearing the application for an order for payment did not have the power to make such an assessment. 

Town and country planning – Permission for development. The Planning Court allowed the claimant local planning authority's challenge to the grant of planning permission by the inspector appointed by the first defendant Secretary of State for housing and associated development. The inspector had erred in law when having concluded that the proposals would have no significant effect on the special area of conservation, in particular with respect to nitrogen deposits, and in having concluded that there had been no alternative sites to meet the need for the proposed development. 

Insolvency – Bankruptcy. The Chancery Division dismissed the appellant's appeal against an order that his discharge from bankruptcy be suspended for 12 months. Even if one removed from consideration the failure to cooperate in the provision of particular bank statements, a 12-month suspension was entirely appropriate looking at the appellant's breaches of obligation in the round. 

Arbitration – Arbitrator. The Commercial Court allowed the claimant company's application for an order that the first defendant be removed as arbitrator from an ongoing arbitration between the claimant and the second defendant, pursuant to s 24(1)(a) of the Arbitration Act 1996, where, on the facts, an allegation of apparent bias had been made out. 

European Union – Trade marks. The General Court of the European Union ruled on two actions brought by Harrys Pubar AB (HP) and Harry's New York Bar SA (HNYB) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (joined Cases R 946/2012-1 and R 995/2012-1), relating to opposition proceedings between HP and HNYB concerning the application by the latter for registration of the word mark 'HARRY'S BAR' as a Community trade mark. 

Warranty – Breach. The Chancery Division allowed the claimant company's claim in part, where there had been breaches of warranty at a number of warehouses which the claimant had purchased. The court held that the claimant was entitled to recover various sums for breaches of warranty and for professional fees, totalling £497,186.52.