Latest Cases

Solicitor – Undertaking. The claimant made an application in the course of other proceedings to have the defendants and a solicitor committed for breach of an undertaking which was not an undertaking to the court. The Queen's Bench Division considered the jurisdiction of the court to commit for breach of an undertaking given by a solicitor other than an undertaking to the court; as well as whether the court should exercise any discretion it had to allow committal proceedings to be brought on the facts of this case. 

Divorce – Decree nisi. In divorce proceedings, following a petition for divorce made by the wife, a decree nisi was granted when the husband failed to respond to the petition. He sought to set the decree nisi aside. The Court of Appeal, in allowing the appeal, held that it would be necessary to return the matter to the county court. The court considered the appropriate approach to situations under the Family Procedure Rules 2010, where a party sought to set aside a certificate. 

Landlord and tenant – Assignment of lease. The Chancery Division considered the construction of assignment provisions in leases entered into by companies in the Hilton Group of companies and the effect of the Landlord and Tenants (Covenants) Act 1995. The court held that the claimants were entitled to the declaratory relief sought. 

Armed forces – Service complaints. The first defendant Army Board of the Defence Council (the panel) rejected the claimant's service complaint, contending that his career had been mismanaged. The claimant issued judicial review proceedings. The Administrative Court, in dismissing the application, held that the panel had been entitled to take the view that an oral hearing had not been necessary to fairly decide the matter. Further, the 34-month delay in the determination of the complaint had not been unlawful under art 6 of the European Convention on Human Rights or at common law. 

Rates – Rateable occupation. The tenant of the appellants' property went into liquidation and its liquidator disclaimed all interest in the property. The appellants continued to call on a guarantor to make good the tenant's default and the guarantor paid the sums demanded. The judge held that the appellants were liable for rates charged by the defendant local authority. The appellants appealed by way of case stated. The Administrative Court, in dismissing the appeal, held that the judge had been correct to find that the first appellant had been the owner within ss 45(1)(b) and 65(1) of the Local Government Finance Act 1988 and, therefore, liable for non-occupation rates for the property. 

Gaming – Lawful and unlawful gaming. The claimant casino issued proceedings to recover £1m on unpaid cheques provided by the defendant in exchange for chips, which she had lost. The Queen's Bench Division, in allowing the claim, held that there had been no unlawful giving of credit to the defendant. Further, the defendant had not established any claim in negligence, as it was not fair, just and reasonable that the law should impose a duty of care on the claimant to prevent her from using her cheque cashing facility. 

Immigration – Leave to remain. Following the claimant Russian national's divorce from a British citizen, the defendant Secretary of State refused her further leave to remain in the United Kingdom. The claimant sought judicial review, relying on the fact that her former spouse had worked elsewhere in the European Union during their marriage. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision had been Wednesbury unreasonable in failing to take into account that the claimant had been exercising rights as a family member under the Treaty on the Functioning of the European Union for some of the period she had been in the UK. 

Practice – Summary judgment. The claimant finance company had purchased the debts of a company, which went into administration and subsequently into liquidation. The claimant brought proceedings, seeking to recover a sum from the defendant directors of the company, under deeds of indemnity. The Commercial Court, in granting the application, held that, on the true construction of the deeds of indemnity, the defendants' liability in each case was primary, not secondary and they had no real prospect of success in any of their defences. 

European Union – European institutions. The Court of Justice of the European Union dismissed the appeal by the European Council by which it had sought to set aside the judgment of the General Court of the European Union. In that judgment, the General Court had annulled in part the Council's decision refusing Ms in't Veld full access to a document containing the opinion of the Council's Legal Service concerning a recommendation from the European Commission to the Council to authorise the opening of negotiations between the European Union and the United States of America for the conclusion of an international agreement to make available to the United States Treasury Department financial messaging data. 

Crown – Prerogative. The Court of Appeal, Civil Division, dismissed the Project Management Institute's appeal against the dismissal of its application for judicial review of the decision by a committee of the Privy Council to recommend to the Queen in Council that a Royal Charter should be granted to the Association for Project Management. The judge had reached the right conclusion on the substantive grounds of challenge to the decision.