Latest Cases

Contract – Terms of contract. The Chancery Division ruled on whether a special purpose vehicle company (ARIC) had validly calculated its loss following the automatic early termination of a put option,which had been granted to it by the first defendant, Lehman Brothers Finance SA (LBF). The early termination had been triggered following the collapse of the Lehman's Brother's group. The court held that ARIC had validly calculated its loss in accordance with the relevant provisions of an International Swaps and Derivatives Association master agreement (1992 edition) and that, accordingly, the claimant was entitled to the payment from LBF of US$61,507,902, together with interest. 

Costs – Security for costs. The claimant issued a claim in 2012, seeking a declaration that he was the beneficial owner of shares in an English company, which owned valuable land in Belarus. The third defendant (D3) applied to be joined to the proceedings in 2014 and counterclaimed for a declaration that he was the beneficial owner of the shares and that they were held on trust for him by the second defendant. D3 applied for security of costs. The master dismissed the application, among other things, on the grounds that D3 should have applied to join the proceedings as sooner and that there had been a delay in making the application. The Chancery Division upheld the master's decision on the grounds of delay, notwithstanding that it disagreed with other aspects of the master's decision, including in respect of her decision that the 'Crabtree principle' applied to the case. 

European Union – Agricultural products and foodstuffs. The Court of Justice of the European Union dismissed the action brought by the Czech Republic for annulment of the decision by the European Commission to reject the application by that member state for registration of the name 'pomazánkové máslo' (spreadable butter) on the register of traditional specialities guaranteed on the basis of the provisions of Council Regulation (EC) No 509/2006 (on agricultural products and foodstuffs as traditional specialities guaranteed), as repealed and replaced by Regulation (EU) No 1151/2012 (on quality schemes for agricultural products and foodstuffs). 

Elections – Local government. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against sentence for making a false statement as to his qualification to be elected as a candidate in the Enfield Borough Council elections, contrary to s 65A(1A)(b) of the Representation of the People Act 1983 and rejected his contention that insufficient weight had been given to his mental health when sentencing. 

Immigration – Leave to enter. The claimant sought judicial review of the defendant Secretary of State's refusal of entry clearance under the Tier 1 (Entrepreneur) regime. The Secretary of State agreed to reconsider the application on conditions including that the claimant would be re-interviewed. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that there was no demonstrable illegality in the Secretary of State's wish to re-interview the claimant. Further, the grant of the mandatory order was inappropriate, as that remedy was appropriate only in cases where it was clear that the Secretary of State was legally obliged to take a certain course of action, with no choice or discretion. 

Family proceedings – Orders in family proceedings. The mother applied for leave to revoke care and placement orders made in respect of her two children following the manslaughter of another child by the mother's partner. Although finding a change in circumstances in regard to the mother, the Family Division nevertheless, in its discretion decided not grant the mother leave on the basis that the application to revoke the order was unlikely to be successful. 

Power of attorney – Enduring power of attorney. The Court of Protection reconsidered two orders it had made on the papers. The first was an order revoking HS's enduring power of attorney, in which she had appointed her former partner to be her attorney, and the second was an order appointing the local authority to be HS's deputy for property and affairs. The court held that, in the circumstances, the appointment of the local authority as deputy had been inapt and the appointment of a panel deputy would be completely disproportionate. An order was made appointing HS's son to be his mother's deputy, in place of the authority. 

European Union – Regulations. The General Court of the European Union ruled on the application by Petropars Iran Co and other companies for annulment of Council Decision 2013/270/CFSP, amending Decision 2010/413/CFSP (concerning restrictive measures against Iran), and of Council Implementing Regulation (EU) No 522/2013, implementing Regulation (EU) No 267/2012 (concerning restrictive measures against Iran) in so far as those acts concerned them. 

Sentence – Suspended sentence. The Court of Appeal, Criminal Division, held that a suspended sentence of two years' imprisonment, together with an unpaid work requirement had been unduly lenient, in circumstances where the victim had suffered multiple fractures to his jaw. The court quashed the suspended sentence order and imposed an immediate custodial sentence of two-and-half-years' imprisonment. 

Children and young persons – Court proceedings. The mother removed the child of the parties' relationship from Texas where she had been living to the United Kingdom, without the father's permission. The father commenced proceedings under the Hague Convention on Civil Aspects of International Child Abduction. The Family Division held that the child's removal from the State of Texas was unlawful. There was no sustainable basis on the evidence for establishing either, or indeed any, of the exceptions in the Convention to a mandatory return.