Latest Cases

Practice – Pre-trial or post-judgment relief. The Commercial Court dismissed the second and third respondents' application to use funds in an account for the funding of the defence of the action against them despite the fact that there was a world wide freezing order in place against them. Both the evidence and the overall justice of the case demanded that result. 

Extradition – Extradition order. The Administrative Court held that the District judge had been correct in concluding that G, who had been charged in the United States with a number of serious sexual offences allegedly committed against an adolescent boy, would be at risk of being made subject to an order for civil commitment under the system which operated in California and that such an order would be a 'flagrant breach' of his rights under art 5(1) of the European Convention on Human Rights. 

Family proceedings – Orders in family proceedings. The case concerned proceedings, under the court's inherent jurisdiction and under the Female Genital Mutilation Act 2003, in respect of two children. A female genital mutilation protection order had been made in the standard terms and the children had been made wards of court. The mother was directed to take all reasonable steps to arrange for the children's return from Sudan to the United Kingdom. By the time of the present hearing, the mother accepted that she had not complied with the order. The Family Division made an order, which was to include provisions identified by the parties concerning arrangements to facilitate the children's return. 

Pension – Equal treatment in employment and occupation. The Court of Appeal, Civil Division, dismissed two appeals against decisions of the Employment Appeal Tribunal, holding, in respect of the first appeal, among other things, that, at the time of the first appellant's service as a part-time recorder before the date for the transposition of Council Directive (EC) 97/81 into domestic law, he had acquired no pension rights and could not do so retroactively. As to the second appeal, it held, among other things, that para 18 of Sch 9 to the Equality Act 2010 was not incompatible with Council Directive (EC) 2000/78. 

Family proceedings – Orders in family proceedings. The Family Court considered the placement of Ro, who was 14 years old and displayed extremely difficult and demanding behaviour. It held that the local authority's care plan, which involved Ro remaining at the residential unit where she currently stayed, was the only plan that could meet her welfare interests and, therefore, would be approved. 

European Union – Rules on competition. The Court of Justice of the European Union dismissed the appeal by Total Marketing Services SA (Total) by which Total sought to set aside the judgment of the General Court of the European Union in Total Raffinage Marketing v Commission: T‑566/08, by which that court had dismissed Total's application, primarily, for annulment in part of Commission Decision C(2008) 5476 final of 1 October 2008, relating to a proceeding under art 81 EC and art 53 of the European Economic Area Agreement, and, in the alternative, for annulment or reduction of the fine imposed on Total. 

European Union – Environment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of Annex IIB to Council Directive (EC) 1999/13 (Directive 1999/13). The request was made in proceedings between Nannoka Vulcanus Industries BV (Nannoka) and the Executive Board of the Provincial Committee for the Region of Gelderland; (the Board), concerning the Board's order requiring Nannoka to discontinue and rectify, on pain of imposition of periodic penalties, its infringement of the Netherlands legislation transposing Directive 1999/13. 

European Union – Data protection. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 4(1)(a) and 28(1), (3) and (6) of Directive (EC) 95/46. The request had been made in proceedings between Weltimmo, a company which had its registered office in Slovakia, and the Hungarian data protection authority concerning a fine imposed by the latter for infringement of Hungarian Law CXII (on the right to self-determination as regards information and freedom of information), which had transposed Directive 95/46 into Hungarian law. 

Minor – Medical treatment. The Family Division granted the claimant NHS Trust's application for a declaration that it would not be unlawful to withdraw medical support devices which were keeping an 11-year-old boy alive where, on the evidence, he was dying and there was no hope of any intervention which could save his life. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division held that the court would set aside the order of a master made pursuant to CPR r 6.15(2) that service of a petition and associated documents by first class post at the association address was good service and that there were deemed to have been served by the nominated date.