Latest Cases

Mental health – Court of Protection. The Court of Protection allowed the application of the Public Guardian to revoke two Lasting Powers of Attorney in relation to a patient following concerns being raised by the patient's eldest son in relation to the conduct of the attorney appointed by the patient. 

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. 

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. 

Building contract – Adjudication. The Court of Appeal, Civil Division, dismissed an appeal against refusal of an application to set aside summary judgment in respect of the respondent's claim to enforce an adjudicator's award. On the facts, the adjudicator had had jurisdiction to hear the dispute, as he had been addressing different issues to those that had been raised at a previous adjudication. 

Income tax – Emoluments from office or employment. The Privy Council held that the pension of a retiring Vice President of the Republic of Mauritius had been exempt from tax under the provisions of the Income Tax Act 1995 and, more broadly, had been entrenched in the Constitution of Mauritius. 

Human rights – Freedom of expression. The Investigatory Powers Tribunal held that authorisations, under s 22 of the Regulation of Investigatory Powers Act 2000, had not been compatible with the complainants' rights under art 10 of the European Convention on Human Rights, as there had not been sufficient safeguards where their purpose had been to obtain disclosure of the identity of a journalist's source. However, there was only power to grant a remedy in the case of the third authorisation, as it had not complied with the requirements of s 22 of the Act. 

Town and country planning – Permission for development. The Administrative Court allowed the claimant's application for judicial review of the defendant mineral planning authority's grant of permission for development of a quarry. The planning permission was rendered unlawful by the subsequent issuing of the Secretary of State's direction that it was environmental impact assessment development. 

Sale of goods – Deferred payment. The Commercial Court held that, pursuant to a written sale contract and a deferred payment regime, the claimant had been entitled to its claim for the deferred balance of the purchase price payable for delivered cargo. The written terms of the sale contract and the deferred payment regime had been clear and precise. 

Family proceedings – Orders in family proceedings. The Family Division held that the local authority had not persuaded the court of the central core of its case against the mother that she was a radical fundamentalist and therefore her children would be restored to her. 

National health service – Health authority. The Administrative Court dismissed the claimant's challenge, arguing that the defendant public authorities had failed to discharge the duty imposed upon them by s 3(1) of the National Health Service (Wales) Act 2006 to provide hospital accommodation throughout Wales. The claimant had failed to establish that the defendants had acted unlawfully.