Latest Cases

Negligence – Fire. The claimant's house was significantly damaged by fire and she brought proceedings against the defendant. The judge, in dismissing the claim, found that the fire had been caused by an escape from a fire at the defendant's property, but that he had not been negligent. The claimant appealed and the defendant cross-appealed on causation. The Court of Appeal, Civil Division, in dismissing the appeal and allowing the cross-appeal, held that the process of reasoning which had led the judge to conclude that the claimant had succeeded on causation was fatally flawed. 

Limitation of action – Accrual of cause of action. The judge struck out the appellants' negligence proceedings against the respondent partners in a solicitors' firm as time-bared and the Court of Appeal of the Republic of Trinidad and Tobago dismissed the appellants' appeal. The appellants appealed. The Privy Council, in dismissing the appeal, held that, given the date that the appellants had suffered actual damage, their action in tort was time-barred. It further refused permission to amend their statement of case to plead a claim in contract, as the proposed claim was factitious. 

Child – Care. A baby, M, died whilst in the care of his mother and her partner, A. After his death, M was found to have sustained bruises and a fractured right tibia. The mother subsequently gave birth to another child and, in view of the circumstances of M's death, the local authority began care proceedings. In the present fact-finding proceedings, the authority did not seek to argue that either the mother or A were responsible for M's death. Rather, the focus was on the causes of the fracture and bruises, and whether M was neglected by his mother and A. The Family Division, on the evidence, made some, but not all, of the findings sought by the authority. 

Criminal law – Appeal. The defendant appealed against his convictions for assault with intent to rob and assault by beating. The Court of Appeal, Criminal Division, in dismissing the appeal, held that whilst the judge's conduct had been deficient, it had not been tantamount to having invited the jury to disbelieve the defendant's defence and the jury had not been left with that impression. However, despite the deficiencies in the manner in which the judge had dealt with the trial, the convictions were safe. 

Adoption – Consent. The mother's daughter, CB, was removed from her care and accommodated pursuant to s 20 of the Children Act 1989. She was placed with prospective adopters. The mother sought permission to, among other things, oppose the adoption. The Family Division dismissed the mother's applications and held that the only outcome that could provide sufficient stability and security was adoption. 

European Union – Community institutions. The General Court of the European Union set aside the judgment of the European Union Civil Service Tribunal in so far as it had dismissed the application brought by BP, a former member of the contract staff of the European Union Agency for Fundamental Rights (FRA), against the decision of the FRA not to renew BP's contract of service as a member of the contract staff. 

Trust and trustee – Creation of trust. In a dispute between family members in respect of a house purchased by the grandmother of the family in 1986, the Chancery Division held that, on the evidence, L had declared a trust of the house on the terms of a deed of trust. There had been litigation between the first claimant and L from 1988 onwards and the court's findings of fact had implications for orders made in other proceedings, which had been made on the basis that L was the beneficial owner of the house. Accordingly, certain of those orders were set aside on the ground that they had been obtained by the fraud of L. 

Pleading – Amendment. The claimant issued proceedings against the defendants, alleging copyright infringement of his music sample of the drum part of 'Warriors Dance', released on the album 'Invaders Must Die' by the Prodigy. He sought permission to amend his claim form and particulars of claim to plead an assignment of the causes in action to him from the Official Receiver of his bankruptcy estate and, thereby, properly constitute the claim. The Chancery Division, in allowing the application, held that it was disproportionate, since the defect had been cured, to deprive the claimant of his right to have the issue ventilated in court. 

European Union – Taxation. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 6(3) TEU, arts 34, 36, 52(1), 56 and 61 of the Treaty on the Functioning of the European Union, and arts 1, 8 and 9 of Directive (EC) 98/34. The request had been made in proceedings brought by Berlington Hungary Tanácsadó és Szolgáltató kft and other companies against Hungary concerning an action seeking compensation brought by those companies for the damage that they had allegedly suffered as a result of the application of national legislation concerning the operation of slot machines contrary to European Union law. 

Medical negligence – Negligent surgery/ failure to organise appropriate surgery – Quantum. Court of Session: In an action in which the defenders admitted liability for negligent operations on the pursuer, who had fractured the neck of his left femur in a fall, and negligent failure to organise appropriate surgery when he was suffering chronic infection, which resulted in him becoming effectively wheelchair‑bound, the court held that an appropriate award for solatium was £135,000, that no deduction in relation to accommodation costs should be made because the pursuer now had a bigger and better property, that a total of 49 hours of care per week should be allowed, but that the costs of setting up and administering a personal injury trust and the costs of a case manager were not recoverable from the defenders.