Latest Cases

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division struck out the claimant's claim in libel on the basis of s 32A of the Limitation Act 1980. Following the expiry of a stay there had been an unexplained period of delay in a case which was in any event weak and one which the claimant was seeking to expand. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, dismissed the appellant's appeal against two case management decisions made in preparation for a fact-finding hearing, namely, that certain witnesses would not give oral evidence at trial, and, save in one respect, dismissed his appeal against the findings of fact themselves. 

Conflict of laws – Jurisdiction. The Commercial Court dismissed an application by Muktar Ablyazov's son-in-law (I) to set aside a claim form and worldwide freezing order which had been issued against him where the claimant Russian bank had established a good arguable case that I had committed the tort of conspiracy to injure by unlawful means and where, notwithstanding that he was domiciled in Switzerland, the English court had jurisdiction under art 5(3) of the Lugano Convention on the basis that the alleged conspiracy had been hatched in England in the period before 16 February 2012. 

Housing – Homeless person. The Administrative Court dismissed the claimants' judicial review proceedings, claiming that the manner in which the defendant local housing authority had dealt with their applications for housing as a homeless person had been unlawful and had reflected systemic failings. The individual claims failed because there had been no breach of statutory duty or any breach was minor and did not warrant relief. Further, the possible breach of duty had not arguably supported a claim of systemic failure as was alleged in the general claim. 

European Union – Freedom to provide services. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 56 of the Treaty on the Functioning of the European Union and art 8 of Directive (EC) 98/34/, as amended by Directive (EC) 98/48. The request had been made in the context of two joined sets of criminal proceedings brought against Ms Ince, who was alleged to have acted as an intermediary, without the authorisation of the competent authority, in sporting bets within the territory of the state of Bavaria. 

European Union – Action for annulment. The General Court of the European Union dismissed the action by Italian International Film Srl (IIFS) for annulment of the decision rejecting the application by IIFS for a grant for the film 'Only God Forgives' following call for proposals EACEA/21/12 MEDIA 2007 — Support for the transnational distribution of European films — the 'Selective' scheme 2013, published by the Education, Audiovisual and Culture Executive Agency pursuant to Decision (EC) No 1718/2006. 

Criminal law – Trial. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against conviction for having an offensive weapon, ruling that the act of bringing a cricket bat from his home into the street with an intention to use it to cause injury to those involved in an affray nearby fell within the ambit of s 1(4) of the Prevention of Crime Act 1953. Accordingly, the judge had not erred in rejecting a submission of no case to answer. 

Adjudication – Adjudicator. The Technology and Construction Court held that, in three adjudications arising from the renovation of a hotel, the adjudicator had not had the necessary jurisdiction to decide the third adjudication, and so his decision was unenforceable. There had been no breach of the rules of natural justice in the second adjudication. 

Environment – Protection. The Administrative Court dismissed the claimants' application for judicial review of the removal of the exemption for renewable source electricity from the climate change levy. The defendants had not promoted any legitimate expectation in the claimants to the effect that the exemption would not be withdrawn without providing a lead time of two years or equivalent value and the decision had been proportionate. 

Negligence – Causation. The Queen's Bench Division held dismissing a claim for damages for personal injury that although the defendant NHS Trust had been negligent in discharging the claimant without making arrangements for his blood to be re-taken, the delay had not caused the claimant to become 'appreciably worse'.