Latest Cases

European Union – Regulations. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things that, the concept of 'economic activity' within the meaning of art 1(5) of Council Regulation (EC) No 1/2005, should be interpreted as meaning that it covered an activity, such as that at issue in the main proceedings, relating to the transport of stray dogs from one member state to another by a charitable association in order to hand over those dogs to persons who had undertaken to adopt them after payment by those persons of a sum covering, in principle, the costs incurred for that purpose by that association. 

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. 

Contract – Parties. The Commercial Court dismissed the claimant aviation company's claim regarding the leasing of aircraft from the first defendant company. It held that the claimant had not been party to the agreement under which the proceedings had been brought and, accordingly, was not entitled to sue on it. 

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. 

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. 

Solicitor – Costs. The Court of Appeal, Civil Division, allowed an appeal of a solicitors' firm (Edmondson) against the dismissal of its claim against the respondent insurance company (Haven) in respect of Haven's conduct in settling on an inclusive basis personal injury claims directly with six clients with whom Edmondson had concluded conditional fee agreements, thereby depriving Edmondson of its costs. Haven had entered into each compromise agreement with notice of Edmondson's entitlement and the principle of equitable intervention required that Haven pay to Edmondson in each case the sums payable on settlement under the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. 

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. 

Contempt of court – Alleged contempt in course of commission and diligence. Court of Session: Allowing a reclaiming motion by minuters who sought certain recoveries in relation to a franchise agreement, and who instructed proceedings by way of minute, concerned that there had been major contempt of court in the course of a commission and diligence, the commissioner's report having set out allegations of defiant language and behaviour by the respondents, the court held that the Lord Ordinary had erred in several respects in dismissing the minute. 

Libel and slander – Preliminary point of law. The Queen's Bench Division, in determining preliminary issues in the claimant's defamation proceedings, set out the meanings of the words complained of in 25 broadcasts, finding that the claimant's meanings were, in the main, borne out. It also determined whether they were fact or comment and their varying degrees of certainty. 

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.