Latest Cases

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. 

Practice – Summary judgment. The Chancery Division granted the defendant firm of solicitors summary judgment in respect of claims for negligence, which had been brought by claimants who had acquired buy-to-let properties, where the manner in which they had paid court fees had been an abuse of process and where they had not done all that they reasonably could do to bring the matter before the court for its process to follow. 

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. 

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. 

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. 

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. 

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 Planning Court dismissed the claimant's proceedings for judicial review of the defendant local planning authority's grant of planning permission to develop the former home of Sir Arthur Conan Doyle, which was a grade 2 listed building. There had been a history of consideration of other viable uses of the home, none of which had ever been achieved or realised in practice. 

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.