Latest Cases

Registered land – Rectification of registered title. Court of Session: Refusing an appeal by an appellant who was in dispute with the respondent as to the precise boundary of her property and who applied to the Lands Tribunal for rectification of the registered titles, the court held that the tribunal correctly concluded that the appellant's title was not capable of being construed so as to convey the solum of the track in front of her property, and was accordingly not habile to found the acquisition of title to that area by positive prescription, and it rejected arguments that the tribunal erred in relation to the respondent's possession of the disputed area and in its consideration of prejudice to her. 

Practice – Summary judgment. When the defendant purported to terminate a haulage and warehousing agreement with the claimant, the claimant issued proceedings alleging breach of the contractual arrangements between them based on conduct over the preceding years. The defendant applied for summary judgment. The Queen's Bench Division dismissed the claims, but allowed the claimant an opportunity to re-formulate its claim in respect of periods not covered by variations to the agreements where it was possible that a re-worked claim would have a real prospect of success. 

Claim form – Service. The claimant bank had been given permission to serve proceedings out of the jurisdiction in relation to claims for breach of contract and unlawful conspiracy. The third and fifth defendants unsuccessfully challenged the jurisdiction of the English courts. The Court of Appeal, Civil Division, allowed the appeal and held that the judge had erred in granting permission when the gateway requirements in para 3.1(3), (9) and (20) of Practice Direction 6B had not been met. Further, the case was more closely connected with Russia, so the judge had erred in finding England to be the appropriate forum. Finally, he had erred in the exercise of his general discretion. 

European Union – Consumer protection. The Court of Justice of the European Union made a preliminary ruling, deciding, amongst other things, that Directive (EC) 2005/29 of the European Parliament and of the Council (concerning unfair business-to-consumer commercial practices in the internal market) had to be interpreted as meaning that the communication, by a professional to a consumer, of erroneous information, such as that at issue in the main proceedings, should be classified as a 'misleading commercial practice', within the meaning of that directive, even though that information concerned only one single consumer. 

Town and country planning – Planning permission. The second defendant local planning authority issued an enforcement notice against a range of unauthorised activities taking place on the site in question. The first defendant Secretary of State's inspector granted temporary planning permission for two years and imposed a noise cap. The interested party applied for planning permission to make the permission a permanent one. The Secretary of State issued a screening direction and planning permission was granted. The claimant's application for judicial review failed and the judge and declined to quash either the screening direction or the grant of a planning permission. The Court of Appeal, Civil Division, dismissed the claimant's appeal. It held, inter alia, that the judge had been wholly entitled to have concluded that concerns about enforceability of the cap did not affect the underlying measurement of noise which was relevant for the test on screening, namely, whether the noise was likely to be significant. 

Criminal evidence – Evidence of bad character. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against conviction, rejecting the defendant's grounds of appeal regarding the admission of bad character evidence. 

Gender – Gender recognition. The claimant male-to-female transsexual sought judicial review of the defendant Registrar General's requirement that she be recorded as 'father' in her children's birth certificates. The Administrative Court, in dismissing the application, held that the birth registration scheme was not in breach of arts 8 or 14 of the European Convention on Human Rights in requiring a man who changed gender to female to be listed as 'father' on the full birth certificate of a child in respect of whom they were the biological father. 

Employment – Unfair dismissal. The employee consultant neonatologist was dismissed for bullying colleagues. She brought a claim for unfair dismissal and disability discrimination, alleging that the employer had failed to make reasonable adjustments in respect of her dyslexia. The employment tribunal (the tribunal) held that the dismissal had been unfair, but dismissed the reasonable adjustments claim on the facts. The Employment Appeal Tribunal, dismissing the appeal and cross-appeal from the finding on unfair dismissal, held, among other things, that the tribunal had not erred in holding the dismissal to be unfair or in its decision that there should be no Polkey reduction. 

Proceeds of crime – Restraint order – Recall: Court of Session: Refusing an application presented by way of note for recall of a restraint order granted in 2003 

European Union – Jurisdiction. The Court of Justice of the European Union made a preliminary ruling, deciding, amongst other things, that art 13 of Council Regulation (EC) No 1346/2000 (on insolvency proceedings) should be interpreted as applying to a situation in which a payment, challenged by an insolvency administrator, of a sum of money attached before the opening of the insolvency proceedings had been made only after the opening of those proceedings