Latest Cases

Family proceedings – Orders in family proceedings. The Family Division found that, for the purposes of art 8 of Council Regulation (EC) 2201/2003 (Brussels II), the place of habitual residence of the children with whom the proceedings were concerned was the United Kingdom. The UK was better placed to hear the evidence as, among other things, the options for the children's future care were not focused in Lithuania but in the UK. 

Practice – Pre-trial or post-judgment relief. Judgment had been given by a court in Moscow against the first defendant Russian founder of the first claimant bank, Sergei Pugachev, for approximately US$1.5bn, in respect of which an appeal was pending. The Chancery Division continued a freezing order, by consent, and made further orders in respect of the claimants' application for an extension a passport order in respect of Pugachev and for additional disclosure from a company associated with him. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Hewlett Packard Development Company LP (HP) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning an application by HP for registration of the word sign 'ELITEPAD' as a Community trade mark. 

Mental health – Court of Protection. The Court of Protection allowed the application of the Office of Public Guardian to revoke the Enduring Power of Attorney given by the patient S to her son M. In so doing, it found that on the facts, one would be hard pressed to find a more callous and calculating attorney, who had so flagrantly abused his position of trust. A panel deputy would be appointed as S's deputy. 

Bankruptcy – Administration in bankruptcy of estate of person dying insolvent. The Chancery Division, in dismissing the applicant's challenge to the appointment of trustees to the insolvent estate of Boris Berezovsky, held that the date of the debtor's death was the date at which the assets comprising the insolvent estate were identified, and as at which the debts and liabilities were identified and quantified. That included the conversion of foreign currency debts into sterling and the date up to which interest might be proved, and after which statutory interest ran. 

Family proceedings – Orders in family proceedings. The Family Division heard an application by the wife under s 27 of the Matrimonial Causes Act 1973 for financial provision and decided that despite a pre-nuptial agreement and unsatisfactory evidence from W, H was to provide her with £1,500 per month while the marriage was being untangled and a criminal charge brought by W against H dealt with. 

Minor – Removal outside jurisdiction. A father had applied for the return of his children to France after they had been wrongfully removed by the mother and taken to London. The mother applied to strike out the father's application, or for summary dismissal, as there was an order of the French court in favour of the father that the children should live in London with him. The Family Division dismissed her application, but stayed the father's application until the conclusion of the father's proposed proceedings to seek the recognition and enforcement of the French order. 

Building Contract – Adjudication. The Technology and Construction Court considered an application by the claimant company to enforce a decision of an adjudicator. The court held that the adjudicator had been validly appointed and that the decision had been made on a valid basis. However, it would not be appropriate for the court to make an order that certain documents sought by the claimant should be disclosed. 

Human rights – Right to respect for private and family life. The European Court of Human Rights held that, insofar as the applicant complained about the covert surveillance of legal consultations, there had been a violation of art 8 of the European Convention on Human Rights. However, there had been no violation insofar as the applicant complained about the covert surveillance of consultations between detainees and their appropriate adults. 

Marriage – Forced marriage. The applicant local authority applied, in the Court of Protection, and for a forced marriage protection order in the Family Division. In the absence of a psychologist's report, the court adjourned the hearing and discharged the existing very extensive forced marriage protection order injunctions on the basis of undertakings in similar terms.