Latest Cases

Town and country planning – Permission for development. The claimant applied for an order quashing the decision of the first defendant Secretary of State, dismissing his appeal against the second defendant local planning authority's refusal of planning permission for a bungalow and associated curtilage. The Planning Court, in dismissing the application, held that the Secretary of State's inspector had applied para 89 of the National Planning Policy Framework, had not elided the impact on the openness of the Green Belt and visual impact, and had given adequate reasons. 

Town and country planning – Permission for development. The claimant sought judicial review of the defendant local planning authority's grant of outline planning permission. The Planning Court, in allowing the application, held that a councillor's participation in the decision to grant planning permission, when he was a director of an association that had an interest in the development, had given rise to an appearance of potential bias. 

Family proceedings – Orders in family proceedings. The Family Division held that the child A had no habitual residence due to being shuffled between Italy and Romania, He was familiar comfortable with both environments and was integrated into both families, therefore the father's application for the summary return of the child from Romania to Italy was dismissed. 

European Union – Freedom of establishment. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 2(2)(d) of Directive (EC) 2006/123 had to be interpreted as meaning that vehicle roadworthiness testing activities were excluded from the scope of application of that directive. 

Land – Purchase of land. The Technology and Construction Court allowed the claimant company's claim for an outstanding fee due under an oral agreement. On the evidence, there was no basis to limit the fee as the defendant contended. 

Family proceedings – Orders in family proceedings. The Family Division considered the relevant law in relation to arts 8 and 14 of Council Regulation (EC) 2201/2003 and the Family Law Act 1986 and found that on the facts, that despite the English courts having jurisdiction in respect of the child by virtue of her presence in England at the time proceedings were issued pursuant to art 14 of the Regulation and s 3(1)(b) of the Family Law Act 1986, the court was nevertheless satisfied, on the facts, that the appropriate forum for determining the substantive issues between the parties was the jurisdiction of South Korea. 

European Union – Reference to European Court. The Administrative Court decided to refer questions to the Court of Justice of the European Union on core issues of whether the European Commission had been able to make the agreements with Morocco, and remain in conformity with international law and the Charter of the United Nations, without the consultation and consent of the Saharawi people and their recognised representatives first having been obtained. 

Practice – Pre-trial or post-judgment relief. A freezing injunction had been made in respect of a company of which MW was director. The company and MW were found to be in contempt of the order because of disputed payments made in discharge of repayment of a loan and for outstanding arrears of rent. The Court of Appeal, Civil Division, allowed the appeal by the company and MW on the grounds that the judge had taken too narrow a view of the payments which had, in the circumstances, been made in the ordinary course of business and so fell within an exception to the freezing order. 

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that arts 4(1) and 5 of Directive 98/70 should be interpreted as meaning that they did not preclude a member state from laying down in its national law quality requirements that were additional to the ones contained in that directive for the marketing of diesel fuels, such as that relating to the flash point at issue in the main proceedings, since it did not constitute a technical specification of diesel fuels relating to the protection of health and the environment for the purposes of that directive. 

Barrister – Disciplinary proceedings. The appellant barrister appealed against the Council of the Inns of Court disciplinary tribunal's finding that he was guilty of professional misconduct. The Administrative Court, in dismissing the appeal, held that the tribunal had given adequate reasons and had been fully aware of the context, and that the conduct was sufficiently serious as to amount to professional misconduct.