Latest Cases

Pension – Pension scheme. The claimant had been the long-term partner of the deceased, who was a member of the armed forces. She appealed in respect of a decision that, as she had been still married to her husband, from whom she had separated, she was not eligible for benefits under the armed forces pension scheme. The Chancery Division, in dismissing the appeal, held that the claimant and the deceased had, on the date of his death, been prevented from marrying, within the meaning of the scheme's rules, by virtue of the claimant's subsisting marriage and there had been no unlawful discrimination under the European Convention on Human Rights. 

Damages – Personal injury. The deceased died of a subarachnoid haemorrhage as a result of admitted negligence on the part of the defendant Trust. The defendant settled claims brought by her dependants and by her husband for nervous shock The claimant was the deceased's sister. She brought a claim as a secondary victim on the basis that she experienced nervous shock as a result of the events that transpired. The Queen's Bench Division found that in the circumstances, the sight of the deceased could not be regarded as a 'horrifying event'; nor was it sudden or unexpected. There was a series of different events that gave rise to an accumulation during that period of gradual assaults on the claimant's mind and resulted in her psychiatric illness. 

Contract – Commission. A dispute had arisen between the parties as to commission payable by the insurance companies to the union in circumstances where insurance had been sold to union members who had approached the insurers independently from marketing material promoted by the unions. The Court of Appeal, Civil Division, held that the judge had erred in his construction of the commission arrangements in the agreements between the insurers and the union. 

Family proceedings – Orders in family proceedings. There was before the court care proceedings in respect of two children. Both the mother and the father came from an African country, though the mother was born and brought up in a Scandinavian country. The local authority's case sought a care order. The local authority's case was that they should be placed with the father subject to a supervision order. The Family Court found that on the facts, it would be in the best interests of the children that they would be cared for by their father. 

European Union – Trade mark. The general Court of the European Union dismissed the action brought by Royal County of Berkshire Polo Club Ltd (Royal County), established in the United Kingdom, against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Lifestyle Equities CV and Royal County, concerning the application by Royal County for registration of a figurative sign depicting a polo player and the words: 'Royal County of Berkshire Polo Club Ltd' as a Community trade mark. 

Sentence – Mandatory life sentence. The offender, then aged 17, was convicted of murder and ordered to be detained at Her Majesty's pleasure, with a minimum term of 11 years less 266 days spent on remand. The present proceedings concerned the review of the minimum term. The Administrative Court held that the offender had made real progress in prison. However, he had not surmounted the high threshold of exceptional progress. Accordingly, it could not be concluded that any reduction of tariff was justified. 

Divorce – Appeal. In a divorce and financial contribution case, the husband sought to rely on: (a) a post-nuptial agreement; (b) his special contribution to the assets to regulate the amount payable to his wife of 20 years. The Family Division held that fairness and an overall appraisal of the s 25 factors required, in the case, an equal division of the assets and the final outcome had to achieve that effect. 

Limitation of actions – Prescription. Court of Session: In an action in which the pursuers, who had instructed the defenders, a firm of solicitors, to serve notices to quit on a tenant to terminate agricultural holdings tenancies over three fields, averred that by serving defective notices to quit the defenders were in breach of an implied term of their contract with the pursuers to exercise the degree of knowledge, skill and care expected of a reasonably competent solicitor, the court sustained the defenders' plea-in-law that any obligation on the defenders to make reparation to the pursuers had prescribed and pronounced decree of absolvitor. 

European Union – Insurance. The Court of Justice of the European Union ruled that art 2 of the Third Council Directive (EEC) (on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles), as amended, should be interpreted as meaning that a premium which varied according to whether the insured vehicle was to be used only in the territory of the member state in which that vehicle was normally based or in the entire territory of the European Union did not fall within the concept of 'single premium', within the meaning of that article. 

Immigration – Leave to remain. The appellant Bangladeshi national appealed against the decision of the Upper Tribunal (Immigration and Asylum Chamber), refusing permission to seek judicial review of the decision of the respondent Secretary of State, refusing him leave to remain in the United Kingdom. The Court of Appeal, Civil Division, in dismissing the appeal, held, inter alia, that, in the circumstances, even if the Secretary of State had made an error of law, it had not been a material one, because, on the basis of the best possible way in which the appellant's case could have been considered, it had been bound to fail.