Latest Cases

Negligence – Causation. The Queen's Bench Division dismissed the claimant's proceedings against the defendant NHS Trust for injury and loss allegedly caused by the negligence of the defendant's medical and midwifery staff in the management of her mother's labour. On the evidence, the claimant could not establish medical causation. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division dismissed a claimant's appeal against the dismissal of her application for an interim payment, which had been made in the course of proceedings in which she claimed damages against the defendant NHS trust for personal injuries she alleged she had sustained as a result of clinical negligence. On the present state of the evidence and argument, the court could not be satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money. 

Town and country planning – Permission for development. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of its claim for judicial review of the grant of planning permission by the defendant local planning authority for a mixed use development. The court considered the correct approach which the present court should adopt in relation to the exercise of discretion by the judge in a case of the present kind, and held that the criticisms of the judgment itself could not be sustained and did not show that the decision had been 'wrong'. 

European Union – Jurisdiction. The Court of Justice of the European Union gave a preliminary ruling deciding, among other things, that art 14(b) of Directive (EC) 2009/103 should be interpreted as meaning that that provision did not contain any specific conflict-of-law rule intended to determine the law applicable to the action for indemnity between insurers in circumstances such as those at issue in the main proceedings. 

Sentence – Mandatory life sentence. The Administrative Court recommended that the offender's tariff for a murder was reduced by one year to seventeen years, less four months spent on remand. His transformation from a racist thug into a sensible, realistic young man satisfied the high threshold for a reduction in the minimum term imposed by a sentencing judge on a young offender. 

Extradition – Extradition order. The Administrative Court dismissed the appellant's appeal against orders for his extradition to Latvia to serve a mandatory custodial sentence of five years for driving without a licence and whilst under the influence of narcotic substances, and two counts of possession of methylampetamine. Mandatory sentences were not, of themselves, disproportionate and the balance struck by the judge with respect to art 8 of the European Convention on Human Rights had not been wrong. 

Practice – Civil litigation. The Queen's Bench Division gave directions in the claimants' case in which it had been alleged that the defendant's drug was worse than other drugs of a similar nature in relation to symptoms following discontinuation of its use such that the drug was 'defective' within s 3 of the Consumer Protection Act 1987. It was not appropriate to bring the process to an end under the court's case management powers at the present stage. 

Pension – Pension scheme. The Chancery Division allowed the claimant company's application for rectification of its pension scheme where, as the result of a mistake, a rule setting out the company's contribution rate in the part of the pension that was attributable to pensionable service had not been properly implemented. The court made a declaration so that what the relevant deed of amendment said was brought into line with what, in law, it could achieve. 

Income tax – Loss relief. The Court of Appeal, Civil Division, dismissed the claimant taxpayers' appeal against the dismissal of their claim for judicial review of the defendant Revenue and Customs Commissioners' (the Revenue) amendments to their tax returns, by which the Revenue declined to accept their claims for loss relief in relation to their investments in certain film partnerships. Among other things, the court rejected the taxpayers' procedural arguments to the effect that the Revenue had not been entitled to enquire into the individual taxpayers' tax returns for the years 02, pursuant to the combined effect of ss 9A and 12AC(3) of the Taxes Management Act 1970, or, as a result of such enquiries, and a subsequent partnership settlement agreement, to amend such returns pursuant to ss 50(9) and 54 of the Act. 

Town and country planning – Permission for development. The Queen's Bench Division dismissed the claimant's applications for judicial review of the defendant local planning authority's grant of planning permission for the construction of 12 dwellings and its approval of the discharge of five conditions of that planning permission. There had been no misinterpretation of the relevant policies of the National Planning Policy Framework, members of the defendant's committee had not been misled and there had not been any misdirection or error in the approval of the details under three conditions.