Latest Cases

European Union – Internal market. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 25 of Directive (EC) 2003/55 (concerning common rules for the internal market in natural gas and repealing Directive (EC) 98/30), and of arts 41 and 54 of Directive (EC) 2009/73 (concerning common rules for the internal market in natural gas and repealing Directive (EC) 2003/55). The reference had been made in proceedings between E.ON Földgáz Trade Zrt. and the Hungarian energy and public utility service regulator, concerning the amendment by that authority of the rules of the gas network code relating to long-term reserve capacity and managing congestion. 

Landlord and tenant – Forfeiture of lease. The district judge had made a declaration that a head lease held by the defendants be forfeited following the lapse of a stay that had been granted in respect of earlier possession proceedings. The defendants' appeal was allowed by the Court of Appeal, Civil Division. It held that that judge had made a number of errors in his judgment and, in the circumstances, the defendants breaches of the covenants in the head lease had been remedied so it would be unjust and disproportionate to deprive them of their property. However, the defendants were ordered to pay certain costs in respect of the premises and head lease. 

Costs – Order for costs. In earlier proceedings, the court had determined preliminary issues in a claim alleging professional negligence against defendant conveyancing solicitors, in which separate sample actions had been directed to be tried together. The court made rulings as to the appropriate orders for costs in all the circumstances. 

Practice – Civil litigation. N, a former employee of Lloyd's brought several claims which were deemed unmeritorious. Lloyds obtained a CRO against N. Upon expiry of the CRO, Lloyds applied for an extended CRO. The Queen's Bench Division held that the court had the power and the discretion to make the extended CRO. 

Contract – Formation of contract. The Commercial Court considered a dispute as to the licensing of the defendant's products to appear, among other things, in three episodes of a television programme. The court held that, while it had not been proved that the memorandum between the parties had been signed by both of them, acceptance of its terms had been communicated by conduct, and the defendant had been in breach of contract. 

Family proceedings – Orders in family proceedings. The mother appealed, supported by the father, against a care order and a placement order made in respect of their son, J, who was eight months old at the time of the hearing. The Court of Appeal, Civil Division, in allowing the appeal, held that the judicial analysis given to the case, as evidenced by the judgment, had been, by a wide margin, wholly inadequate. 

Sentence – Imprisonment. The offender was stopped by Revenue and Customs officers on entering the United Kingdom and found to have cocaine and heroin with an estimated street value of just under £11.5m. He was subsequently found to have made five similar trips on previous occasions. He was convicted of four counts of importation of Class A drugs. The Court of Appeal, Criminal Division, held that his sentence of eight years' imprisonment had been unduly lenient in circumstances where the offender had played a significant rather than a lesser role in the importation. His sentence was quashed and substituted for one of 16 years' imprisonment. 

Mental health – Patient. AW's nephew and, DB, the brother-in-law of his companion, MG, made competing applications for appointments as his deputy for property and affairs. The parties disputed the status of the relationship between AW and MG. The Court of Protection held that MG was the most important person in AW's life and her views as to what was in his best interests carried considerable weight. On the evidence, DB would be appointed as AW's deputy. 

Family proceedings – Care proceedings. Allegations had been made, and subsequently retracted, by two children against their father accusing him of involvement in a satanic cult that engaged in the sexual abuse and murder of children. In the course of care proceedings, the Family Court carried out a fact finding hearing which concluded that neither child had been abused by anyone named by the children, including the father, and that there had been no satanic cult. The children's false stories had come about as the result of relentless emotional and psychological pressure as well as significant physical abuse perpetrated by the mother's then partner in collaboration with the mother. 

Medical practitioner – Appeal against determination of disciplinary committee. A nurse had been made subject to a caution order by the Nursing and Midwifery Council (the NMC). Three days after the expiry of her right to appeal, her solicitors filed an appellant's notice and application for extension of time. The judge ordered an extension of time and the NMC appealed. The Court of Appeal, Civil Division, allowed the appeal. There had been no statutory discretion for the judge to extend the time for appealing and the circumstances had not been exceptional such as to have conferred a discretion. Further, the evidence had not provided a proper basis for the judge's findings that had led to her making the order that she had.