Latest Cases

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. 

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. 

Practice – Pre-trial or post-judgment relief. The Chancery Division dismissed the claimants' applications for orders freezing assets allegedly held by the defendant companies, following a failed attempt to develop property in Georgia. The court held that there was no real evidence that the defendants held the assets claimed in the English and Welsh jurisdiction, and that it was not satisfied that any order it made would be effective to freeze assets that the defendants might have in Latvia. 

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. 

European Union – Commercial agent. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 17(2) of Council Directive (EEC) 86/653 had to be interpreted as not precluding national legislation providing that a commercial agent was entitled, on termination of the agency contract, both to an indemnity for customers limited to a maximum of one year's remuneration and, if that indemnity did not cover all of the loss actually incurred, to the award of additional damages, provided that such legislation did not result in the agent being compensated twice for the loss of commission following termination of that contract 

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. 

Proceeds of crime – Civil recovery of proceeds of unlawful conduct. The Court of Appeal, Civil Division, dismissed the appeal of S against a civil recovery order made in respect of two properties. It held, among other things, that there was no proper basis for concluding that, on the facts, a recovery order in respect of the properties would violate S's rights under art 1 of the First Protocol to the European Convention on Human Rights. Such an order would not be disproportionate to the legislative aim and would not produce an unfair balance between the general interest of the community and the protection of S's fundamental rights or cast on her an excessive burden. 

Inheritance – Loss of prospect of inheritance. The Chancery Division dismissed an application by the claimant, who had been found guilty of the manslaughter of his mother, to inherit his mother's estate, as justice did not require modification of the forfeiture rule. However, the court held that the forfeiture rule had no application to any interest presently or in future created under two trusts relating to his mother's home. 

Town and country planning – Permission for development. The Administrative Court allowed the claimant local planning authority's application to quash the decision of the first defendant Secretary of State, allowing the second defendant's appeal against the refusal of planning permission for 121 dwellings. The inspector's decision letter demonstrated a series of errors in his approach to saved policies.