Latest Cases

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, in allowing the appellant's appeal against findings made in the course of care proceedings that he had sexually abused three children, held that no court could have reasonably found that he had abused any of those children on the basis of the evidence adduced before the recorder. 

Land – Interest in land. The Queen's Bench Division dismissed the claimant's appeal of a trial judge not to discharge a charging order over the interest of the claimant of a second property however it did amend the order to insert the correct figure. 

Town and country planning – Permission for development. The Planning Court dismissed the claimant company's challenge to the decision of the inspector appointed by the defendant Secretary of State, refusing planning permission for a mixed use development, including a supermarket, apartments and townhouses. The inspector's decision was short, clear, succinct and, having regard to the applicable principles, showed no evidence of unlawfulness or irrationality. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court partially allowed the appellant's appeal against the finding professional misconduct by the Conduct and Competence Committee (the panel) of the respondent Nursing and Midwifery Council. The panel's approach to the question of credibility and reliability was so undermined that, in fairness, its adverse findings could not be allowed to stand. 

Company – Insolvency. The Chancery Division held that, on the facts, there was a strong case for liquidators of a company in creditors' voluntary liquidation proceeding to make distributions without regard to product liability claims that might emerge in the future. The liquidators were also granted relief under s 1157(2) of the Companies Act 2006. 

Damages – Personal injury. The Queen's Bench Division found that the claimant was suffering from chronic widespread pain and additional mental illness and which he would not have suffered from but for the accident he experienced whilst in the army and which caused his subsequent discharge. On that finding the court made an award of general damages of £30,000 and other additional awards. 

Practice and procedure – Default judgment. The Technology and Construction Court set aside a judgment in default of acknowledgement of service, concerning a claim against a local authority in respect of structural damage to its property, where the defendant had a reasonable prospect of defending the claim, where it had acted with reasonable speed in making the application to set it aside and where allowing the judgment to stand might deprive the defendant of a good defence on the merits. 

Town and country planning – Permission for development. The Administrative Court dismissed the claimant's challenge to the decision of the defendant local planning authority, granting planning permission for the erection of a building for office, light industrial and warehouse uses. There had been errors in the authority's approach to the development plan, but the same decision would have been reached in any event. 

Adoption – Dispensing with consent of parent or guardian. The Family Court approved proposals made by two local authorities regarding the future of the two daughters of the respondent mother and father. It held that, given the mental state of the father and the environment in which the children had been growing up, the parents would be refused contact with the older child and that an adoption order would be made in relation to the younger child. 

Company – Administration order. The Chancery Division made rulings to assist the administration of a number of companies in the same group. Among other things, the court approved a proposed structure by which new administrators were appointed and made an order that the framework provided by paras 98 and 75 of Sch B1 to the Insolvency Act 1986 was appropriate to deal with the removal of the administrators.