Latest Cases

Executry – Confirmation of executors – Transgender person. Sheriff Court: Instructing that an application by a transgender woman, submitted via solicitors, for confirmation as executrix-nominate, be processed, the court held that (contrary to what was suggested at para 5-22 of Currie on Confirmation of Executors (9th edn)) the production of a full gender recognition certificate accompanied by a birth certificate should not ordinarily be required to support an application for confirmation presented by solicitors on behalf of an executor-nominate or an executrix-nominate. Certificates might be required where the executor-nominate or executrix-nominate was unrepresented. 

Adoption – Parent. A mother's application for leave to oppose an adoption application had been dismissed. The Court of Appeal, Civil Division, dismissed her appeal. On the evidence that had been before her, the judge had not erred. She had not given disproportionate weight to immigration difficulties, nor had she considered, at too early a stage, the therapeutic and psychological consequences for the children of not remaining in their adoptive placement. It could not be said that she had failed to consider the benefits of a family placement as the children's half-sibling had already been adopted by the prospective adopters. 

Income tax – Employment. The First-tier Tribunal (Tax Chamber) (the FTT) dismissed the appeal by the taxpayer against a further assessment to income tax on employment income made by the Revenue and Customs Commissioners in respect of the taxpayer's gain on the exercise of certain stock options. The FTT upheld the Revenue's decision that the stock gain at issue constituted 'employment-related securities option' within the meaning of s 471 of the Income Tax (Earnings and Pensions) Act 2003, with the result that the further assessment was valid. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 1(1)(a) of Council Directive (EC) 98/59 (on the approximation of the laws of the Member States relating to collective redundancies). The request had been made in proceedings between Mr Balkaya and Kiesel Abbruch- und Recycling Technik GmbH concerning the lawfulness of a dismissal on economic grounds announced by the latter, upon the closure of an establishment, no notification of the projected collective redundancies having being given to the German Federal Employment Agency before that dismissal. 

Company – Administration. The Companies Court held that a company in administration was entitled to restitution to some degree in respect of payments made out of the company to the defendants. The court dismissed an application by the joint administrators of the company, under s 238 of the Insolvency Act 1986, which alleged that the payments to the defendants amounted to transactions at an undervalue, where there was no evidence that the company had 'dealt' with the defendants or had entered into a transaction with them, within the meaning of s 238(4) of the Act. 

Medical practitioner – Appeal against determination of disciplinary committee. The appellant mental health nurse appealed against the decision of the respondent Nursing and Midwifery Council (the NMC), striking him off the register. The Administrative Court, in dismissing the appeal, held that it might seem severe that the appellant had been struck off fundamentally for theft of a tambourine and two maracas, but his dishonesty could require and justify striking off. Accordingly, it could not be concluded that the NMC's decision and conclusion had been wrong. 

Company – Winding up. A company had assigned its book debts and gone into liquidation. The liquidator applied to have the assignment set aside. The Chancery Division allowed the application as, on the evidence, the assignment had been fraudulently backdated and was automatically avoided under s 127 of the Insolvency Act 1986. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, in allowing the father's appeal against the refusal of his application for direct supervised contact with his daughter, held that the judge had failed adequately to give reasons, either for his rejection of the recommendation of the CAFCASS officer or generally, for refusing the application. In so far as the reason for dismissing the father's application was, as it appeared, to be a principled objection to long-term supervised contact, such an approach had been wrong in law. 

Libel and slander – Justification. The claimant issued proceedings against the defendant for slander and libel for words spoken and subsequently broadcast on the BBC and ITV, and an eBook she published. The Queen's Bench Division, in dismissing the claim, held that the claim concerning the BBC was time-barred and the defendant was not a co-publisher. Although the claim as to ITV was actionable without proof of special loss, the defendant's account had been true. With respect to the eBook, justification had been established, although the claimant had not been identified and the claim was an abuse of process. 

European Union – Trade marks. The Court of Justice of the European Union dismissed the appeal by Pêra-Grave — Sociedade Agrícola, Unipessoal Lda (Pera-Grave) by which it had sought to set aside the judgment of the General Court of the European Union which had dismissed the action brought by Pera-Grave for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to reject the opposition to the registration by Pera-Grave of a figurative mark which included the word 'PERAMANCA'.