Latest Cases

Pension – Pension scheme. The Chancery Division considered the scope of the powers of the trustees of the pension scheme of the charity Barnardo's. It held that, among other things, the trustees could not replace the Retail Prices Index, by which increases to payments under the scheme were calculated, so long as it remained an officially published index. 

European Union – Environment. The Court of Justice of the European Union made a preliminary ruling, deciding, among other things that art 5(2) of Directive (EC) 2003/4 should be interpreted as meaning that the charge for supplying a particular type of environmental information could not include any part of the cost of maintaining a database, such as that at issue in the main proceedings, used for that purpose by the public authority, but could include the overheads attributable to the time spent by the staff of the public authority on answering individual requests for information, properly taken into account in fixing the charge, provided that the total amount of the charge did not exceed a reasonable amount. 

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. 

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. 

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. 

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. 

Adoption – Order. An application for the adoption of an 18 year old Pakistani national had been refused. The Court of Appeal, Civil Division, dismissed the prospective adopter's appeal as the judge had erred in his interpretation of s 1(2) of the Adoption and Children Act 2002 and in his assumption that, under s 1(5) of the British Nationality Act 1981, the adoptee would automatically assume British citizenship. 

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.