Latest Cases

Negligence – Causation. The Queen's Bench Division allowed a personal injury claim by a man who had attended at the defendant's accident and emergency department complaining of chest pains, but who had been streamed to a same day treatment centre. There had been a breach of duty on the part of the defendant. Had a history been taken and relevant risk factors identified, he would not have been streamed and tests would have shown the existing cardiac condition that he had. Intervention at that time would have avoided the subsequent severe heart difficulties and stroke that he suffered. 

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. 

Mental health – Court of Protection. The Court of Protection allowed an application by two attorneys for retrospective approval for the payments to them for n order for retrospective approval of monthly payments of £150 each that the attorney's had made to themselves and to their third sibling from the funds of the estate. 

Trade mark – Community trade mark. The Chancery Division dismissed an appeal against the decision of a hearing officer dismissing the claimant company's application, under s 47 of the Trade Marks Act 1994, for a declaration of invalidity of a trade mark registration for a sign 'Gutterclearuk' in the defendant's name. The hearing officer had not erred in principle and her decision that there was no likelihood of either direct or indirect confusion and that the defendant company had not acted in bad faith in filing its trade mark application had been open to her. 

Negligence – Duty to take care. The Queen's Bench Division dismissed the claimant's claim against the defendant hospital in respect of cerebral palsy which he suffered which he alleged had been caused by oxygen deprivation in the period leading up to his birth. The court found that the doctors had not made decisions that had fallen outside the range of reasonable professional opinion. 

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. 

Minor – Removal outside jurisdiction. The Family Division decided that, in circumstances where the applicant father had never seen his child and was not named on her birth certificate nor had parental responsibility for her, it was not appropriate for a wardship order to continue or that the mother of the child should be compelled to return her to England and Wales. 

Medical practitioner – Negligence. The Court of Appeal, Civil Division, dismissed the defendant NHS trust's appeal against a finding that its surgeon had negligently caused injury to the claimant's left femoral nerve during the course of an operation. It held, among other things, that, on a close analysis of the evidence, the judge had been entitled to make the findings of fact that he had.