Latest Cases

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 13B(d)(6) of Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EEC) 91/680. The request had been made in proceedings between the Netherlands State Secretary for Finance and Fiscale Eenheid X NV cs, concerning a notice of additional assessment to VAT issued to Fiscale Eenheid X NV cs in respect of 1996. 

Landlord and tenant – Repair. The Court of Appeal, Civil Division, held, among other things, that the judge had been wrong to treat a lessee's non-occupation of his flat during most of a period of disrepair as fatal to his claim for his compensation for loss of amenity. It was not a fatal obstacle to a claim for damages for that impairment in the lessee's rights that the lessee might have chosen not to make full use, or even any use, of them during part of even all of the relevant period, for reasons unconnected with the disrepair itself. 

Claim form – Service. The Queen's Bench Division allowed the defendant's application to set aside judgment in default entered against him. There was nothing to indicate that the claim form had been posted to him. The claimant's contention that the application should not be allowed, because he had been unable to apply for summary judgment because of the failure of E to acknowledge service, would be rejected. 

Town and country planning – Permission for development. The Planning Court dismissed the claimants' challenge to the decision of the inspector appointed by the defendant Secretary of State to grant planning permission to the interested party. On the proper interpretation of 'person aggrieved' in s 288(1)(b) of the Town and Country Planning Act 1990, the claimant's had no standing, as they had not made objections or representations during the appeal procedure. 

Practice – Striking out. The Court of Appeal, Civil Division, dismissed the defendant Metropolitan Police Commissioner's appeal against the judge's refusal to strike out the claimants' case. It was impossible to characterise the judge's decision as perverse. 

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal regarding deportation of the respondent, who was an EEA national with a permanent right of residence in the United Kingdom. The court held that, on the true construction of the legislative scheme and case law from the Court of Justice of the European Union, a permanent right of residence would not be lost merely by reason of criminality or a resulting sentence of imprisonment. 

Contract – Shipping contract. The Commercial Court, in allowing the claimant's appeal, held that, where a buyer of free on board (FOB) goods nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause, he was required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel. On the facts and on the true construction of the contract between the parties, the defendant buyer's nomination of a substitute vessel to take delivery of a cargo of maize had been invalid, it was in default and its claim to have validly nominated a substitute vessel so that the claimant had not been entitled to terminate the contract for sale failed. 

Town and country planning – Appeal to Minister against refusal of permission for development. The Planning Court held that the defendant Secretary of State did not have power to review or revoke his decision on an appeal under s 78 of the Town and Country Planning Act 1990 or a prior recovery direction, notwithstanding that the recovery direction was unlawful. Further, his decisions against the claimants had not been a nullity and the second claimant's reasons challenge to the Secretary of State's decision failed. 

Company – Restoration to register. The Court of Appeal, Civil Division, considered the principles applicable to the court's discretion, when making an order for the restoration to the register of a dissolved company, to order that the running of time for the bringing of claims by the company should be suspended during all or part of the period when the company was dissolved. Applying those principles, it allowed the appellants' appeal against the making of such a limitation direction. 

European Union – Consumer protection. The Court of Justice of the European Union made a preliminary ruling, deciding that art 4(1)(2) of Directive (EC) 2004/39 had to be interpreted as meaning that, subject to verification by the referring court, an investment service or activity within the meaning of that provision did not encompass certain foreign exchange transactions, effected by a credit institution under clauses of a foreign currency denominated loan agreement such as the one at issue in the main proceedings, consisting in fixing the amount of the loan on the basis of the purchase price of the currency applicable when the funds were advanced and in determining the amounts of the monthly instalments on the basis of the sale price of that currency applicable when each monthly instalment was calculated.