Latest Cases

Freedom of information – Information. The claimant complained to the first defendant Information Commissioner in respect of the second defendant local authority's failure to provide information under the Freedom of Information Act 2000 in the requested Excel format and to help him to formulate an appropriate request. The complaints and appeals were dismissed and the claimant appealed. The Court of Appeal, Civil Division, held that the authority had been required to provide the information in the requested format. Further, the authority had complied with its duty to help him to formulate an appropriate request. 

Company – Director. The Companies Court dismissed the claimant's appeal against an order disqualifying him from acting as a director of a company for 12 years. The order was not obtuse or conceptually incoherent as alleged by the claimant. Further, the registrar's judgment in relation to the length of disqualification was in accord with principle and authority. 

Practice – Civil litigation. In the course of private law family proceedings, the local authority intervened and issued care proceedings in relation to the two children. A case management hearing was held, at which the judge made critical comments of the mother and maternal grandmother and expressed doubt as to the veracity of their evidence. Following the fact finding hearing, the judge held that the mother's allegations were untrue and determined that the threshold criteria had been met. The Court of Appeal, Civil Division, commenting on the role of the judge in such proceedings, allowed the mother's appeal on the ground that the judge had displayed apparent judicial bias. 

European Union – Environment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of point (k) of the second paragraph of art 2 and art 3(3) of Directive (EC) 2009/28 of the European Parliament and of the Council (on the promotion of the use of energy from renewable sources). The request had been made in proceedings between Ålands Vindkraft AB (AV) and the Swedish Energy Agency concerning the latter's refusal to authorise, for the purposes of the award of electricity certificates, a wind farm in Finland operated by AV. 

Company – Receiver. In earlier London arbitration proceedings, the claimant had been awarded around US$300m against the defendant foreign companies. The Commercial Court granted the claimant's application to appoint receivers by way of equitable execution over certain assets of the defendants where, on the facts, it was just and convenient to do so, in the exercise of the court's discretion. 

Family proceedings – Orders in family proceedings. The court dismissed the father's application to discharge care orders in respect of two children, E and N, and granted a placement order in respect of N. Prior to the hearing, the judge had declined to order an addendum report from the psychologist. The father appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held, inter alia, that the refusal of a further report was well within the discretion of the judge and, further, it had not been demonstrated that the judge's conclusion as to the children's best interests had been wrong on the material available. 

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. 

Mental health – Court of Protection. The patient executed a lasting power of attorney in favour of her son. The local authority sought to revoke the LPA. The son objected. The Court of Protection allowed the authority's application and also gave permission to appoint a panel under the Mental Capacity Act 2005. 

Town and country planning – Permission for development. The claimant challenged the defendant local authority's grant of outline planning permission to the interested party for two sites. The Administrative Court, in dismissing the application, held that the authority could rationally conclude that the requirements of reg 61(5) of the Conservation of Habitats and Species Regulations 2010, SI 2010/490 had been met. Further, the authority had been entitled to rely on Natural England's withdrawal of its objections, as it had correctly done so and, in any event, the authority had been entitled to presume it had been correct. 

Conflict of laws – Jurisdiction. The claimant had invested in a fund operated by the defendant, a Gibraltar company, which had lost all its capital. The claimant brought a claim in negligence and breach of contract against the defendant and served the claim form, without permission, outside the jurisdiction under CPR 6.33(2)(b)(iii) and art 23 of Council Regulation (EC) 44/2001. The Commercial Court dismissed the defendant's application to set aside the service of the claim where the claimant had a good arguable case that there had been a concluded agreement, within art 23 of the Regulation.