Latest Cases

Family proceedings – Orders in family proceedings. A judge in the course of care proceedings had given three judgments. In the third, she reversed her earlier finding that the father had sexually abused one of his children. The mother appealed. The Court of Appeal, Civil Division, allowed the appeal as there had been no satisfactory explanation for the change in decision and a number of factual errors that the judge had not corrected when she claimed that she had. 

Coroner – Jury. The Divisional Court, in dismissing the claimant's application for judicial review, upheld the defendant senior coroner's decision, that the deceased had not been 'in state detention', within the meaning of ss 7(2)(a), and 48(1) and (2) of the Coroners and Justice Act 2009, at the time of her death in intensive care. 

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. 

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. 

European Union – Equal treatment in employment and occupation. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 2, 3(1)(c) and 6(1) of Council Directive (EC) 2000/78. The request had been made in proceedings between Mr Unland and the Land Berlin concerning the detailed rules governing the reclassification and career progression of judges in that region under the new remuneration system applicable to such judges. 

Family proceedings – Orders in family proceedings. The Family Division held that although there had been a breach of a passport order with a penal notice attached, D would be committed for contempt of court but would receive a suspended sentence. 

Copyright – Infringement. The Chancery Division considered a claim that eleven distinct bed linen products sold by the first defendant company infringed copyright with respect to eleven original works created by a director and employee of the claimant. The court held that, among other things, the action for copyright infringement would be dismissed, as the products complained of had been imported before the claimant had produced its corresponding designs, and the registered design was invalid. 

Negligence – Duty to take care. The claimant was knocked down by a car driven by the defendant. As a result of the collision, the claimant suffered significant injuries, which led him to bring proceedings against the defendant. His claim was dismissed. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the judge had been entitled to have held that the defendant was not liable to the claimant. 

Human rights – Right to fair hearing. The European Court of Human Rights held that there had been no violation of art 6(1) of the European Convention on Human Rights by reason of the refusal to award legal aid in relation to the applicant's appeal to the Supreme Court in family law proceedings. 

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.