Latest Cases

European Union – Jurisdiction. The Family Division allowed an application by the Czech Republic seeking a transfer request in respect of care proceedings initiated regarding three children from the Czech Republic who had been living in the United Kingdom since 2009 in circumstances where the grounds for making such a request were made out. 

Parent and child – Child protection – 'Wilful' ill-treatment. Court of Session: Refusing an appeal by a father from a sheriff's decision finding grounds of referral established in respect of his children, the court held that the sheriff did not err in law in holding that it was unnecessary to prove awareness of, or recklessness as to, the likelihood of causing suffering to a child in order to find established an offence of wilful ill-treatment under s 12 of the Children and Young Persons (Scotland) Act 1937, and the sheriff had been correct to find grounds based on lack of parental care established in terms of s 67(2)(a) of the Children's Hearings (Scotland) Act 2011. 

Practice – Stay of proceedings. The appellants had issued proceedings in the First-tier Tribunal (Tax Chamber) against their assessment to landfill tax. They were then permitted to bring judicial review proceedings founded on their legitimate expectations arising out of negotiations for repayments of overpaid landfill tax. The Revenue's application for a stay of the judicial review proceedings was dismissed. The Court of Appeal, Civil Division, dismissed the Revenue and Customs Commissioners' appeal as the taxpayers were entitled to pursue either or both remedies and, it was not clear what the Revenue's case would be in the judicial review, so it was uncertain whether there was any overlap of fact in the two sets of proceedings. 

Competition – Competition Appeal Tribunal. The Competition Appeal Tribunal (the tribunal) dismissed the application under s 120 of the Enterprise Act 2002 by Ryanair Holdings plc (Ryanair) for a review of the final report by the Competition and Markets Authority (CMA) into Ryanair's minority stake in Aer Lingus Group plc. That report had concluded that Ryanair's stake had resulted in a substantial lessening of competition and, as remedial action, had required Ryanair to reduce its stake in Aer Lingus. The tribunal upheld the CMA's decision that there had been no material change in circumstances such as to require the CMA to consider remedial action different from that set out in its final report. 

Divorce – Financial provision. In a claim for financial provision the Family Division determined the husband's needs in light of a pre-nuptial agreement and other surrounding factors, in circumstances where the wife had significant inherited wealth. 

Sale of goods – Contract. The Commercial Court dismissed the claimants' appeal against the preliminary rulings of arbitrators in a contractual dispute. The court held, among other things, that the contract in issue was not one to which the Sale of Goods Act 1979 applied. 

Shipping – Carriage by sea. In a claim for personal injury brought against the appellant, the appellant sought a contribution from the respondent. The respondent successfully obtained summary judgment dismissing the claim on the basis that the right on which the personal injury claim had been brought had been extinguished through art 16 of the Convention Relating to the Carriage of Passengers and their Luggage by Sea (the Athens Convention). The Court of Appeal, Civil Division, allowed the appeal. It held that the claim for a contribution had not been one to which the Athens Convention had applied. Further, the language of art 16 of the Athens Convention was not such as to extinguish the right on which the claim was based. 

European Union – Freedom of establishment. The Court of Justice of the European Union ruled that two questions referred to it for a preliminary ruling by the Italian national court concerning the interpretation of arts 49, 102 and 106 of the Treaty on the Functioning of the European Union and of art 15 of the Charter of Fundamental Rights of the European Union were inadmissible as both questions failed to provide the Court with the factual or legal material necessary to give a useful answer as required by art 94(c) of the Rules of Procedure of the Court of Justice. 

Criminal Law – Procedure. The Lord Chief Justice, handed down, an amendment to the Criminal Practice Directions, to take effect from 16 July and 5 October 2015. The Practice Directions replaced Practice Directions at CPD I General Matters 3A Case management, and at CPD VI Trial 39M Jury irregularity. 

Public procurement – Public contracts. The Technology and Construction Court considered a procurement dispute arising out of a tender process undertaken by the defendant Milton Keynes local authority for the award of a framework agreement for asbestos removal.