Latest Cases

Specific performance – Option to purchase land. The Chancery Division, in allowing the claimant's application for specific performance of an option agreement, rejected the defendants' arguments that the agreement should be rectified, a term should be implied, the claimant had waived a requirement of the agreement and claims of estoppel. 

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. 

Insolvency – Company. The Chancery Division made an order, under s 233 of the Insolvency Act 1986, for the restoration of an IT system to Sahaviriya Steel Industries UK Ltd and, among other things, directed that the hearing should take place in private where the evidence involved revealing information that might adversely affect the liquidator's negotiating position in attempting to sell some or all of the company's business. 

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. 

Minor – Removal outside jurisdiction. On the father's application, under the 1980 Hague Convention of the Civil Aspects of International Child Abduction, the Family Division ordered that his son be returned to Israel forthwith. It was a condition of the order that, among other things, the father signed written undertakings. The court held that the mother's retention of the child in England had been wrongful. On the basis of the undertakings offered by the father, the mother had failed to establish the defence under art 13(b) of the Hague Convention. 

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. 

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. 

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. 

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. 

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.