Latest Cases

Family proceedings – Orders in family proceedings. There were proceedings concerning a family of Turkish/Cypriot origin that had been broken apart as a result of allegations of extreme violence perpetrated by the father. In a fact finding hearing the Family Division held that the mother and daughters' allegations had been made out and the case had been proved on the balance of probabilities. 

Elections – Local government. Following mayoral elections in Tower Hamlets, the petitioners issued an election petition to challenge that election. The Queen's Bench Division dismissed the petitioners' application for a protective costs order as the Representation of the People Act 1983 made special provision for costs in respect of election petitions. Further, the successful candidate's application to dismiss or strike out the election petition was dismissed as it could not be said that the petition was in whole, or in part, a nullity for want of sufficient particularity. 

Mental health – Mental health review tribunal. The Court of Appeal, Civil Division, considered a dispute between two local authorities concerning the responsibility for a man who had been made subject to two hospital orders in different areas of the country. The court held, in dismissing the appeal, that where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of s 117(3) of the Mental Health Act 1983, he was still to be treated as resident in the area of the same local authority as that in which he had lived before the original hospital order had been made. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by Lidl Siftung & Co. KG (Lidl) for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market concerning opposition proceedings between A Colmeia do Minho Ldª and Lidl regarding the application by Lidl for registration of a figurative sign depicting the word 'FAIRGLOBE' as a Community trade mark. 

Company – Director. The defendants committed a number of offences, including fraud, connected to the retention of deposit money by a letting company. They were found criminally responsible, but the court declined to make an order for disqualification. The Secretary of State for Business, Innovation and Skills applied for an order disqualifying the defendants, but the Chancery Division held that it was not appropriate to make such an order and was unfair that the defendants should be exposed to the same claim on two occasions. 

Town and country planning – Permission for development. A football stadium was subject to a planning condition that only three music events could be held there per year, only one of which could fall on a Sunday. The second defendant local authority and the first defendant Secretary of State's planning inspector refused the claimant's application to vary that condition to increase the number of music events held at the stadium. The claimant sought judicial review. The Administrative Court, in dismissing the application, held that there had been no error of law in the decision. 

Nuisance – Sewer. During construction work in Newcastle, concrete used to make building supports by the defendant company escaped into a sewer controlled by the claimant company. The claimant brought proceedings in nuisance and negligence. The Technology and Construction Court dismissed the claim. The claimant appealed. The Court of Appeal, in dismissing the appeal, held that the judge had not erred in dismissing the claim. 

Court of Appeal – Leave to appeal. The Revenue and Customs Commissioners had issued proceedings regarding a missing trader intra-community fraud. Following a trial of sample claims, some of the allegations were found to be proved and the defendants were ordered to pay the sums lost in revenue. The defendants sought permission to appeal. The Court of Appeal, Civil Division, ordered that conditions regarding payment into court of the judgment sum be attached to the application for permission to appeal and ordered a stay of the execution of the judgment between the payment into court of the judgment sum and determination of the appeal. 

Conflict of laws – Jurisdiction. The claimant suffered injury in an accident in a car driven by the first defendant in Germany. Proceedings were issued in England. The issue for determination was whether German or English law applied to the assessment of damages, which turned on the application of art 4 of Council Regulation EC 864/2007 (on the law applicable to non-contractual obligations) ('Rome II'). The Queen's Bench Division held that the law applicable to the claim in tort was German law. 

Employment – Discrimination. The Employment Appeal Tribunal (EAT) dismissed the employee's appeal against a decision of the employment tribunal rejecting his claims for discrimination on grounds of age and constructive dismissal. Although the EAT considered that the words used by the employer had been discriminatory, it decided that those words had not been material part of conduct which had amounted to the breach in response to which the employee had resigned.