Latest Cases

Sentence – Imprisonment. The Court of Appeal, Criminal Division, held that, while a judge had been entitled to depart from the mandatory five year minimum sentence for a firearm offence, a suspended sentence of two years' imprisonment, following the offender's guilty plea to an offence of possession of a prohibited firearm, contrary to s 5(1)(aba) of the Firearms Act 1968, had been unduly lenient. However, the sentence was not altered because the fact that the offender was entitled to credit for time spent on a previous qualifying curfew would make it wrong to interfere. 

Negligence – Causation. The Queen's Bench Division held that the defendant hospital was liable to the claimant for damages claimed in relation to the injurious consequences of left total hip replacement surgery performed negligently at the defendant's Hospital in 2009. 

European Union – Public procurement. The Court of Justice of the European Union dismissed the action brought by Elitaliana SpA (Elitaliana) seeking to set aside of the order of the General Court of the European Union, by which the General Court had dismissed its action for: (i) the annulment of measures adopted by the Rule of Law Mission in Kosovo (the Mission), established on the basis of Council Joint Action 2008/124/CFSP in the context of the award to another tenderer of the public contract entitled 'EuropeAid/131516/D/SER/XK — Helicopter Support to the Eulex Mission in Kosovo'; and (ii) an order that the Mission should pay compensation for the loss sustained as a result of the failure to award that contract to Elitaliana. 

Family proceedings – Costs. The Family Division ordered the father's solicitors to contribute £1,250 or 25% of the assessed costs incurred by the mother regarding a hearing, whichever was the lesser sum. The father's solicitors had failed to act on the present occasion with the competence reasonably to be expected of ordinary members of the profession, and that justified a wasted costs order. 

Practice – Stay. The Chancery Division dismissed the defendant's application either for the court to stay the action formally, pending the result of the Georgian Court of Appeal's decision, or to informally refrain from giving judgment. It was not appropriate, given the history of the case, that the present court should await whatever decision came out of the Georgian courts, and it would proceed to deliver the judgment as soon as possible. 

Land – Easement. The Court of Appeal, Civil Division, ruled on an appeal against a judgment in respect of a neighbour dispute that involved allegations of obstruction to the claimant's right of way and trespass on his land. The defendant's appeal was allowed in part, with the court making findings regarding the boundary as defined in a land transfer, the roadway over which the claimant had a right of way as defined by the judge in his order and the erection of electric gates across the roadway. 

Practice – Pre-trial or post-judgment relief. The Chancery Division dismissed the defendant directors of Lloyds TSB plc's application for summary judgment on a claim brought by the claimant shareholders, alleging breach of fiduciary and tortious duties concerning Lloyds' acquisition of Halifax Bank of Scotland (HBOS) in 2009, by failing to disclose that HBOS had been manipulating its London Interbank Offered Rate (LIBOR). Where disclosure had not yet taken place, the court could not say with confidence at the present stage that the claimant's case would turn out at trial to be without substance. 

European Union – Jurisdiction. The Court of Appeal, Civil Division, dismissed a husband's appeal against a judgment that allowed his ex-wife's application for spousal maintenance to proceed in circumstances where the husband asserted that the matter had already been determined by the courts in Slovenia during the divorce proceedings. The court held that, in circumstances where the wife had withdrawn her application for maintenance in Slovenia, there had been no 'decision by a court' or 'court settlement' for the purposes of art 2(1) of Council Regulation (EC) 4/2009 and, therefore, the court in England had jurisdiction to hear her application since she was habitually resident in the jurisdiction. 

Costs – Order for costs. The Chancery Division, allowed the third to sixth defendants' application under CPR 40.12 seeking clarification or amendment of an order for costs made following the trial of a probate action concerning a will. The amount of the claimant's personal liability for the costs of the third to sixth defendants under the order was not limited by reference to the amount of her pecuniary legacy. The court exercised its inherent power under CPR 40BPD 4.5 that the order be amended to add words to the order to ensure any ambiguity in the order was removed. 

European Union – Regulations. The Court of Justice of the European Union dismissed the action brought by the United Kingdom for annulment of art 29 of, and Annex II to Regulation (EU) No 1316/2013 (the contested provisions). The Court decided that the contested provisions merely provided for an alignment of the rail freight corridor in question and therefore did not cover the concept of 'project of common interest' within the meaning of art 171(1) TFEU and the second paragraph of art 172 TFEU. Consequently, the first condition, concerning the existence of a project of common interest, laid down in the second paragraph of art 172 TFEU was not fulfilled.