Latest Cases

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. 

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. 

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. 

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. 

Arbitration – Arbitrator. The Technology and Construction Court ruled on challenges made to an arbitrator's decision in a construction dispute. The court held that the arbitrator's decision that a pay less notice issued by the claimant company had not been a valid pay less notice was correct. The claimant's challenges to the validity of the arbitrator's decision failed, and the defendant company was entitled to summary judgment. 

Employment – Victimisation. The Employment Appeal Tribunal (EAT) allowed the employer's appeal against the decision of the employment tribunal to uphold the employee's complaint of victimisation. The EAT decided that the tribunal had not asked itself the right question and that its reasons had not been adequate to explain why it had found against the employer. 

Education – Pupil. The Administrative Court allowed the claimant's application for judicial review of the decisions to transfer him to off-site educational provision and the failure to keep that decision under review. The school had not served the mandatory notice required under reg 3 of the Education (Educational Provision for Improving Behaviour) Regulations 2010, SI 2010/1156 and had failed to conduct mandatory reviews. 

Building contract – Adjudication. The Technology and Construction Court allowed an application to enforce an adjudicator's decision in circumstances where the dispute between the parties had crystallised by the time the notice of adjudication was issued and the adjudicator had not acted in breach of natural justice in having sought to obtain, and having obtained, further information from the claimant which had not been provided previously. It was wrong in principle to suggest that a dispute had not arisen until every last particular of every last element of the claim had been provided. Further, it was not unfair if an adjudicator was given information during the adjudication which had not previously been available (whether it had been previously requested or not). 

Criminal law – Assisting offender. The Privy Council allowed the appellant's appeal against a conviction for murder in circumstances where the appellant had allegedly assisted another person to commit a murder. The court held that the principle regarding encouragement and assistance expressed in the case of Chan Wing-Siu v R (see[1984] 3 All ER 877) had been wrong. It invited the parties' written submissions as to the advice which it should tender regarding the disposal of the appeal.