Latest Cases

Declaration – Jurisdiction. The claimant trust was authorised to bring claims on behalf of a large number of individuals in the United States who had allegedly suffered injury as a result of exposure to asbestos and asbestos related products, which had been supplied and/or distributed by the first defendant (T&N), an English company and its subsidiaries. The trust applied to the Commercial Court for declarations concerning the obligations of the reinsurers relating to the handling and settlement of any asbestos claims that the trust wished to advance against T&N. The Commercial Court held that the trust, as a third party and non-party to the relevant insurance contract, had no standing to claim such declaratory relief. 

Libel and slander – Defamatory words. The Queen's Bench Division awarded the claimant doctor £45,000by way of damages for libel, following the publication of an article in the Daily Mail and Mail Online. The court held that the defamatory statements made about the claimant had not been justified, the facts and matters on which the comments had been made, had not been proved and the article could not be defended as honest comment. 

Employment – 'Worker'. The Supreme Court allowed the appeal brought by the appellant solicitor against the decision of the Court of Appeal, Civil Division, in which the Court of Appeal had decided that, applying s 4(4) of the Limited Liability Partnerships Act 2000, she was not a 'worker' within the meaning of s 230(3)(b) of the Employment Rights Act 1996 and was therefore not entitled to claim the protection of its whistle blowing provisions. The Supreme Court reversed the judgment of the Court of Appeal, deciding that s 4(4) of the 2000 Act did have the meaning ascribed to it by the Court of Appeal. 

Extradition – Extradition order. The judicial authority sought the defendants' extradition to face trial for fraud and tax evasion offences. The district judge discharged the first and second defendants' European arrest warrants (EAW), but ordered the third defendant's extradition. The judicial authority and third defendant appealed. The Administrative Court held that the EAWs failed to establish the defendants were 'accused persons', under s 2(3) of the Extradition Act 2003 and were insufficiently particular, under s 2(4)(c) of the Act. Accordingly, the discharge of the first and second defendants' EAWs would be upheld and the third defendant's EAW would be discharged. 

European Union – Treaty provisions. The Court of Justice of the European Union granted the declaration sought by the European Commission to the effect that by taking certain actions, including excluding members of a profession, dentists and physiotherapists from the scope of the Belgian Law of 14 July 1991 (on commercial practices, consumer information and consumer protection), as amended by the Belgian Law of 5 June 2007, transposing in national law Directive (EC) 2005/29, Belgium had failed to fulfil its obligations under arts 2(b), (d), 3 and 4 of that directive. 

Sentence – Drug offences. Sixteen defendants appealed against the sentences imposed on them for their part in a conspiracy to supply large quantities of Class A drugs to crime groups for onward distribution. The Court of Appeal, Criminal Division, in dismissing the appeals, held that the judge had correctly used the descriptors within the sentencing guideline for leading, significant and lesser roles for the purposes of distinguishing between the roles played by different defendants. The sentencing exercise had received detailed consideration both of the facts and the approach to sentencing in the area. 

Sentence – Hospital order. The claimant, who had a long history of mental health problems, had received an indeterminate sentence for arson with intent to endanger property. Having served the minimum term, she sought judicial review of the defendant Secretary of State's and Parole Board's decisions in reviewing her detention over 22 months. The Administrative Court, in dismissing the application, held that, although it had taken a considerable time to be resolved, there had been no breach of the obligation on the part of the state to provide a 'speedy' resolution. 

Contract – Consumer contract. The proceedings involved a contract made in the claimant's home that the claimant had purported to cancel. The defendant charged him a cancellation fee and refused to refund him a deposit. In finding for the claimant, the Supreme Court held that a failure by a trader to give written notice of the right to cancel did not deprive a consumer of the statutory right to cancel under the Cancellation of Contracts made in a Consumer's Home, or Place of Work etc Regulations 2008, SI 2008/1816. 

European Union – Taxation. The Court of Justice of the European Union held that art 2(4)(b) of Council Directive (EC) 2003/96 had to be interpreted as meaning that the fact of using, first, coal as a heating fuel in the sugar production process and, secondly, carbon dioxide generated by the combustion of that energy product to produce chemical fertilisers did not constitute 'dual use' of that energy product within the meaning of that provision. However, the fact of using, first, coal as a heating fuel in the sugar production process and, secondly, carbon dioxide generated by the combustion of that energy product for the purposes of the same production process did constitute such 'dual use', if it was established that the sugar production process could not be completed without using the carbon dioxide generated by the combustion of coal. 

European Union – Reference to European Court. The Court of Justice of the European Union considered a request for a preliminary ruling concerning the interpretation of the provisions of the Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EC) 95/7. The request arose during proceedings between the applicant in the main proceedings and the French Minister for Economic Affairs and Finance, concerning the refusal to refund to the applicant the value added tax which it had paid in France for work which had been carried out in France.