Latest Cases

Family proceedings – Jurisdiction. The Court of Appeal, Civil Division, in dismissing a local authority's appeal against transfer of a public law family case to Hungary, answered questions regarding the jurisdiction of the English court in cases involving foreign children habitually resident in England and who had foreign parents who did not consent to their adoption, the scope of Council Regulation (EC) 2201/2003 (Brussels II Revised) as it applied to both care and placement proceedings and the requirements that had to be met before the court could request a transfer to another member state. 

Estoppel – Proprietary estoppel. The Chancery Division, in dismissing the claimant's case, held that there had been no proprietary estoppel created, despite the money that she had paid to assist the deceased, H, in renovating a house. H had made no promise to leave the house to her and had said nothing to lead her to believe that such a promise had been made. 

Building contract – Judgment. The Technology and Construction Court held that the claimant, The Dorchester Group Ltd, was not entitled to judgment, pursuant to CPR 14.1, on its claim alleging that the defendant company had, contrary to a contract, failed to disclose to Dorchester certain discounts obtained from its mechanical and electrical sub-contractors. There was nothing on the face of the letter relied on by Dorchester that amounted to an admission, within the meaning of CPR 14.1, that it were liable to Dorchester for all undisclosed discounts. The court further made specific disclosure orders in respect of some, but not all categories of documents in respect of which Dorchester sought specific disclosure. 

Compulsory purchase – Compulsory purchase order. The Planning Court dismissed the claimant's application for judicial review of the defendant Secretary of State's refusal of its application for costs expended in preparing to resist a compulsory purchase order and side roads order at an inquiry, which was subsequently cancelled. It held that the power to award costs, under s 250(5) of the Local Government Act 1972, did not exist where an inquiry was not convened. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, concerning the interpretation of art 168 of Council Directive (EC) 2006/112. The request had been made in proceedings between 'Sveda' UAB (Sveda) and the State Tax Inspectorate under the Ministry of Finance of Lithuania; concerning a decision refusing deduction of the input VAT paid by Sveda in the context of the creation of a Baltic mythology recreational and discovery path. 

Evidence – Burden of proof. In deciding whether the claimant's claim for trespass to person against the defendant football club and coach had succeeded, the court having considered the evidence on a burden of proof basis, found that the claimant had failed to discharge the burden of proof which rested on him, and accordingly the claim would be dismissed. 

Injunction – Mandatory injunction. The Court of Appeal, Civil Division, dismissed the defendant's appeal against a mandatory injunction and an order directing that an application to commit him for failure to comply with that order might be treated as duly served on him pursuant to CPR 6.15(2). There had been no error in granting the mandatory injunction or ordering substituted service. 

Medical negligence – Childbirth – Birth injury – Liability. Court of Session: In an action by a mother seeking damages on behalf of her minor son who, it was averred, sustained a severe brachial plexus injury in the course of his birth which resulted in permanent disability, the court concluded that the pursuer's son suffered a severe brachial plexus injury to his right shoulder during the birth process as a result of the negligence of the defenders' employee, the senior midwife present at the birth, and sustained the pursuer's pleas in law to the extent of the sum agreed as quantum, namely £725,000. 

Family proceedings – Orders in family proceedings. The Family Division, on the father's application for committal to prison of the mother, held that the mother had breached certain orders made with a view to recovering the children and regulating the arrangements on their return. It was satisfied that the mother had been guilty of contempt of court. However, the execution of the warrant of committal was to be suspended so long as the mother complied with certain conditions until a specified date, after which the sentence and warrant of committal were to be discharged. 

Copyright – Infringement. The Intellectual Property and Enterprise Court dismissed the claimants' claim against the defendants for passing off and infringement of copyright in respect of the use of a trade name 'Hidden Gem', a logo and a photograph concerning jewellery where the acts complained of had been licensed at the relevant time.