Latest Cases

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. 

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. 

Shipping – Collision. In two cases concerning collision actions in the Admiralty court, the claimant ship owners had been refused an extension of time for issuing their actions in personam. The Court of Appeal, Civil Division, dismissed the appeal in the first case and refused permission to appeal in the second. The claims had been time-barred and, in the case of the appeal, the relevant proceedings to which the time limit had applied had been the in personam action and not the earlier, within time, in rem action. 

Prison – Prisoner. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of his challenge by way of judicial review of the lawfulness of his recall to prison, under s 254 of the Criminal Justice Act 2003, as amended. It held, among other things, that the defendant Secretary of State had been lawfully entitled to recall the claimant to prison, and it was clear that the information and conclusions set out in a recall and review report had been adequate. 

Company – Winding-up. The respondent company had presented a petition to wind up a company. The Chancery Division gave reasons for granting the company's applications, under s 127 of the Insolvency Act 1986, for the validation of certain payments that it intended to make. The court ruled that validation was necessary to enable the company to effect restructuring or other plans (the plans), which presented the only prospect for unsecured creditors to recover debts owed by the company. The court further held that there were valid grounds for the hearings being held in private where to disclose confidential information concerning the company might impact adversely on the delivery of the plans, to the possible detriment of unsecured creditors, among others. 

European Union – Insolvency proceedings. The Court of Justice of the European Union gave a preliminary ruling deciding, among other things, that art 13 of the Regulation (EC) 1346/2000 should be interpreted as meaning that its application was subject to the condition that, after taking account of all the circumstances of the case, the act at issue could not be challenged on the basis of the law governing the act (lex causae). 

Sentence – Mandatory life sentence. The offender, when aged 15 years, with his brother, had stabbed their sister's former boyfriend 40 times, for which he was convicted of murder and a minimum term of 14 years, less time spent on remand, had been imposed. The present proceedings concerned the review of the minimum term. The Administrative Court refused to recommend a reduction of the tariff, as the offender's very good progress was not such that it could cross the extremely high hurdle of exceptional and unforeseen. 

Medical practitioner – Professional conduct committee. The appellant consultant cardiologist appealed against findings by the Fitness to Practise Panel (the Panel) of the Medical Practitioners Tribunal Service that he had been guilty of misconduct, that his fitness to practise was impaired and against the sanction of six months' suspension. The Administrative Court, in dismissing the appeal, held that the Panel had not erred in having found the relevant allegations proved or in its findings of dishonesty. Accordingly, the finding of impairment and the sanction imposed could not be said to have been wrong. 

Family proceedings – Orders in family proceedings. The Family Division made a child arrangements order for indirect contact in favour of the biological father of two children and his male partner. The court further ordered that a preamble about the biological father's entitlement to the children's school reports would be attached to the final order and it made an order restricting further applications, under s 91(14) of the Children Act 1989. 

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 27(1)(d) of Directive (EEC) 92/83 should be interpreted as meaning that the obligation to exempt the alcohol products covered by that directive from the harmonised excise duty when they were used for the production of medicine applied to ethyl alcohol used by an undertaking for cleaning or disinfecting equipment and facilities used in the production of medicines.