Latest Cases

Personal injuries – Action. The Queen's Bench Division dismissed a number of test claims made following the escape of smoke from a plant run by the defendant company. The court held that scientific evidence in the case did not begin to support the great majority of the claims, and there were serious weaknesses in the claimants' overall case. 

Conversion – Defence. The Queen's Bench Division gave judgment in favour of the claimant casino owner in respect of a £2m dishonoured cheques proffered by the defendant. IN so doing it rejected the defendant's argument that he had a gambling disorder and his defence of illegality. 

Family proceedings – Orders in family proceedings. A local authority had sought care orders in respect of two children, but the Recorder granted an order in respect of one child only. The Court of Appeal, Civil Division, allowed the authority's appeal as the Recorder had erred in finding that the threshold criteria had not been crossed in respect of the other child and had erred in his approach towards making findings of fact. 

Income tax – Employment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) which had decided that in cancelling the taxpayer company's registration for gross payment under the construction industry scheme, the Revenue had failed to take into account a relevant factor, namely the financial consequences for the taxpayer. The tribunal decided that such a factor was not a relevant factor to be taken into account by the Revenue when deciding how to exercise the discretion conferred on it by s 66(1) of the Finance Act 2004. 

European Union – Jurisdiction. The Court of Justice gave a preliminary ruling concerning the interpretation of art 34(1) of Council Regulation (EC) No 44/2001 and Directive (EC) 2004/48. The request had been made in proceedings between Diageo Brands BV (Diageo Brands), proprietor of the trade mark 'Johnny Walker', and Simiramida-04 EOOD (Simiramida) concerning a claim for damages made by Simiramida for the injury caused to it by a seizure carried out at the request of Diageo Brands of bottles of whisky of the Johnny Walker brand which had been intended for Simiramida. 

Company – Administration. In the administration of Lehman Brothers International (Europe), the Chancery Division addressed the administrators' application for directions regarding the entitlement of creditors to interest on their debts for periods after the commencement of that administration. The court construed r 2.88 of the Insolvency Rules 1986, SI 1986/1925, and its provisions for the payment of statutory interest. 

Contempt of court – Committal. The Admiralty and Commercial Court held that contempt had been proven against the respondent company, Corcosa, and two of its directors, following the complete ignoring of six GAFTA arbitration awards made against Corcosa. The second and third respondents would each be committed to prison for 18 months. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of his application for judicial review of the defendant Secretary of State's decision refusing his application for leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) migrant, pursuant to para 322(1A) of the Immigration Rules. The decision under challenge was a decision made in the exercise of the power conferred on the Secretary of State by s 3 of the Immigration Act 1971. It was for the Secretary of State or her officials to determine which provisions of the Immigration Rules applied and whether relevant conditions were satisfied, including the determination of relevant questions of fact. Their findings on such matters were open to challenge in judicial review proceedings only on Wednesbury principles. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by The Smiley Company SPRL against a decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between The Swatch Group Management Services AG (the Swatch Group) and The Smiley Company SPRL concerning the application by the latter company for registration of the word sign 'HAPPY TIME' as a Community trade mark. 

Divorce – Appeal. The wife in divorce proceedings applied for permission to appeal out of time for a consent order to be set aside on the grounds of material non-disclosure. The Family Division gave permission to appeal out of time and allowed the appeal where there had been a breach of the duty of full and frank disclosure.