Latest Cases

Contract – Terms. The Commercial Court ruled on preliminary issues which arose in a claim brought by Scottish Power against the defendant sellers for breach of long term sale and purchase agreements for the sale of natural gas. The issues concerned the contractual consequences arising from the defendants' failure to deliver gas to Scottish Power over a specific period. 

Patent – Infringement. The Patents Court dismissed an application for defendants' summary judgment in respect of a claim for, among other things, declaratory relief that rival products had infringed a patent concerning an electronic cigarette. Further, having weighed the competing considerations, it also dismissed an alternative application for a stay of that claim. 

Criminal law – Trial. The Court of Appeal, Criminal Division, allowed an appeal by the Crown Prosecution Service against a ruling staying an indictment for alleged historic sexual abuse as an abuse of the process of the court. The court held that, among other things, the matters identified by the judge did not lead to a reasonable conclusion that the defendant would not receive a fair trial. 

Immigration – Detention. The claimant issued judicial review proceedings, contending that the defendant Secretary of State's decision to detain him under immigration powers had been unlawful. The Administrative Court, in dismissing the application, held that the preponderant evidence did not come close to establishing that the claimant had a serious mental health condition that could not be managed satisfactorily in detention or that his food and fluid refusal had been, or might have been, influenced by a serious health condition. 

Conflict of laws – Contract. In the wake of the defendant company's insolvency and its proceedings in Denmark, the claimant company sought summary judgment with respect to five declarations. The Commercial Court declared that, under the parties' agreements, no sum was presently payable by the claimant. Further, whether or not a clause of one agreement was an exclusive jurisdiction clause, the defendant was obliged to submit to the jurisdiction of the English court and could not commence parallel proceedings elsewhere. 

Parent and child – Child protection – Interim compulsory supervision order. Sheriff Court: In an appeal by a father against a further interim compulsory supervision order made by the children's hearing in respect of his child under s 96 of the Children's Hearings (Scotland) Act 2011 the court accepted the Children's Reporter's submission and proceeded on the basis that the making of the order appealed against was competent, whilst highlighting what appeared to be a piece of defective drafting in the 2011 Act. 

Contract – Consumer contract. The claimant claims management company brought a claim, under an agreement, for fees for work carried out in negotiating settlement in an insurance claim for the defendant. The Mercantile Court, in dismissing the claim, held that the agreement was unenforceable against the defendant because no written explanation had been given to the defendant as to his rights to cancel the agreement, as had been required under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008, SI 2008/1816. 

Immigration – Leave to remain – Fresh claim. Court of Session: Refusing a reclaiming motion in a judicial review petition challenging the refusal of the petitioner's application for leave to remain in the UK as the spouse of a British citizen, the Lord Ordinary having refused the petition, the court concluded that none of the petitioner's criticisms of the respondent's decision letter undermined the lawfulness of her decision. 

Immigration – Workers. The claimant Indian nationals sought judicial review of the defendant Secretary of State's decision refusing them entry clearance as Tier 5 temporary workers – religious workers. The Upper Tribunal (Immigration and Asylum Chamber) dismissed their claims for reasons including that no applicant could expect exemption from the core requirements set down in the Immigration Rules going to intention and capability, even if they were unworldly. 

Child – Care. The Family Division allowed the applicant local authority's application to renew wardship over Y. Y, who was 16 and had been involved in criminal activity, was in danger of travelling to Syria to fight there. The court held that the present case was the classic case of a high risk of very serious harm. In the circumstances, the court was entitled to use the fullest measures at its disposal.