Latest Cases

Limitation of actions – Triennium. Court of Session: In an action, raised in December 2004, in which the pursuer sought damages for physical and mental abuse he allegedly suffered between 1965 and 1971 whilst at a children's home run by the defenders, the court concluded that it was not prepared to exercise the discretion in terms of s 19A of the Prescription and Limitation (Scotland) Act 1973 Act to allow the action to proceed notwithstanding the expiry of the triennium in April 1979, as it was not equitable to allow it to proceed given the material prejudice the defenders had suffered as a result of the delay in bringing the action. 

Town and country planning – Permission for development. The claimant local planning authority challenged the decision of the inspector appointed by the first defendant Secretary of State to grant planning permission for the construction of up to 150 dwellings on the basis of his adoption of 147 new dwellings per year for the full objective assessment of need for housing. The Planning Court, in dismissing the application, held that the inspector had been using his planning judgment to assess the appropriate full objective assessment of need and he had chosen the figure of 147, as he had been entitled to do. 

Practice – Pre-trial or post-judgment relief. The claimant was injured and her husband killed while on an excursion in Egypt which they had booked through their hotel. She issued proceedings in contract and tort against the defendant Canadian company on the basis that it was owner of the hotel. The defendant unsuccessfully challenged the grant of permission to serve proceedings out of the jurisdiction. The Court of Appeal, Civil Division, allowed the defendant's appeal in part. The appeal succeeded in respect of the claim for injuries and under the Law Reform (Miscellaneous Provisions) Act 1934 as the claimant could not show that 'damage' had been sustained within England since the accident had occurred in Egypt. The damage suffered in England had been consequential loss only, which was insufficient to found jurisdiction. The appeal failed in respect of its challenge to the contractual claim and under the Fatal Accidents Act 1976. 

Town and country planning – Enforcement notice. The appellant appealed against the decision of an inspector appointed by the first respondent Secretary of State, dismissing his appeal against an enforcement notice issued by the second respondent local planning authority. The Planning Court held that the decision could not stand insofar as it had concluded that there had been an intensification having amounted to material change of use, as there had been a defect of natural justice. However, the inspector had not erred in considering the commencement of the existing use, the issue of a further certificate and he had not breached the doctrine that an enforcement notice could not lawfully remove existing lawful uses. 

Constitutional law – Natural justice. The Privy Council, in dismissing an appeal by the former Premier of the Turks and Caicos and others appellants, who had been charged with, among other things, conspiracy to accept bribes in public office, ruled that a trial without a jury could proceed against them where no objective observer would fear that the trial judge would be unable independently to discharge his duty as a judge because he was in place for a limited period and where he had been entitled to order a trial by a judge alone. 

Practice – Civil litigation. In the course of a building dispute, the claimants sought a declaration in relation to the right of adjudication. The Technology and Construction Court refused to give the directions that the claimants were seeking. The claimants persisted in seeking directions as to that issue. The court held that no useful purpose was to be served by the pursuit of the claimants' application for a declaration. The claimants' application would be stayed and the proceedings would continue. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division, in response to letters of request send from United States Court for information needed in the US proceedings, made an order agreeing to the disclosing of certain information by the respondents. The respondents were corporations based in the UK specialising in corporate investigations so therefore it was in the public interest that the respondents did not disclose their individual sources. 

Will – Forgery. The Chancery Division considered the validity of a disputed will. It held that, while the circumstances of the making of the will gave rise to suspicion, on the evidence, the will had been made validly and there was no room for finding that the testatrix's signature had been forged. 

European Union – Value added tax. The Upper Tribunal (Tax and Chancery Chamber) dismissed the application by the taxpayer charity and the Revenue and Customs Commissioners for a reference to the Court of Justice of the European Union in the course of proceedings between the parties which had raised issues concerning the concept of 'economic activity' in the definition of 'taxable person' in art 9 of Council Directive (EC) 2006/112 (on the common system of value added tax). 

European Union – Trade marks. The General Court of the European Union allowed the action by Alpinestars Research Srl against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Alpinestars Research Srl and Kean Tung Cho and another, concerning the application by the latter for registration of a figurative sign depicting the words 'A ASTER'.