Latest Cases

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. 

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. 

Prisoners – Inter-prison visits – Right to family life – Discrimination. Court of Session: In judicial review proceedings in which the petitioners, two life prisoners, averred to be a gay couple, imprisoned in different prisons, complained that their Convention rights were violated because the Scottish Prison Service refused to arrange inter-prison visits for them, the court held that the petition was not time-barred; that on the information available the prison service had not failed to respect the petitioners' family life in terms of art 8 of the European Convention on Human Rights and had not discriminated against them in terms of art 14; and accordingly they were not entitled to damages or human rights 'just satisfaction'. 

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. 

Damages – Personal injury. The Queen's Bench Division made an award of damages to the 28 year old claimant, a victim of historic sexual in her teenage years. The award was made up of amongst others, the elements of general damages, damages for mental distress and injury to feelings, aggravated damages an pecuniary loss. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things that, art 9(1) of Council Directive (EC) 2006/112 had to be interpreted as meaning that an activity such as that at issue in the main proceedings, whereby a company provided a region with services in respect of the planning and management of the regional health service under the programme agreements concluded between that company and that region, constituted an economic activity within the meaning of that provision. 

Company – Winding up. The Court of Appeal, Civil Division, allowed the appellant property developer's appeal against the dismissal of its application for an injunction to restrain the respondent building contractor from presenting a winding-up petition against it. Given that the respondent had, in fact, gone into voluntary liquidation after the hearing, the discretion would be re-exercised by granting a permanent injunction restraining presentation of a petition against the appellant based on interim certificates. 

McDougall v HM Advocate 

Patent – Infringement. The Chancery Division considered the validity of two claims in a patent dispute concerning a technique to prevent the corrosion of rebars used in reinforced concrete. The court held that claim 1 of the patent, which described a method, was valid but not infringed. However, claim 12 of the patent, which described a product suitable for use in the technique, was invalid.