Latest Cases

Criminal law – Appeal. The victim, who had a substantial portfolio of assets, was murdered after befriending the first defendant. The Court of Appeal, Criminal Division, in dismissing his appeal against conviction for murder, held that nothing had occurred which would lead the court to conclude that the conviction was unsafe. 

Damages – Personal injury. The claimant made claims of historic sexual abuse and the Crown Prosecution Service (the CPS) brought a prosecution. On the day of the trial however, the case was withdrawn by the CPS. The claimant brought a claim against the CPS for the withdrawal of the case and for damages under s 6 of the Human Rights Act 1998 for breaches of the positive obligation that arose under art 3 of the European Convention on Human Rights that no one was to be subjected to torture or to inhuman or degrading treatment or punishment. The Queen's Bench Division dismissed the claim, as the evidence had not met the public law test for impugning a decision not to prosecute. 

Practice – Summary judgment. The defendant engaged the claimant to carry out electrical works. The claimant applied for summary judgment to enforce two adjudicator's decisions, ordering the defendant to pay the claimant two sums of money, arising out of the contracts. The defendant challenged the decisions on the grounds of breach of natural justice and jurisdiction. The Technology and Construction Court, in rejecting the defendant's grounds of challenge, entered judgment for the claimant, refused to grant a stay of execution and ordered that the sum due was to be paid within seven days. 

Adoption – Payment for adoption. The applicants had paid a surrogate mother, T, to have a child for them. They submitted that the court should dispense with the need for T to be served with a parental order, as they had taken reasonable steps to try to locate her. The Family Court held that, in the circumstances, the requirement for service on T would be dispensed with, and that certain payments made to T and the surrogacy clinic would be authorised. 

Medical practitioner – Appeal against determination of disciplinary committee. The appellant nurse appealed against the decision of the respondent Nursing and Midwifery Council (the NMC), finding her guilty of misconduct by dishonestly using a forged passport and related documents to obtain employment, and ordering the erasure of her name from the register. The Administrative Court, in dismissing the appeal, held that the NMC had not failed to consider the appellant's reflective statement and had clearly given its reasons for its conclusions. Further, striking off had been the only proportionate and reasonable sanction in the circumstances. 

Minor – Abduction. The applicant mother sought an order for the summary return to Mexico of her two year old daughter, C, claiming that C had come to England for a short visit and that the respondent father had retained her in England. The Family Court held that C had come to England with her mother as part of a family plan to relocate to England indefinitely, and possibly permanently. At the point of her departure from Mexico, in April 2014, C had lost her habitual residence there. There had been no wrongful retention and the mother's application for a summary return failed. 

Will – Validity. A dispute arose between the claimant daughter and the defendant son as to a will made by their mother, AA. The Chancery Division held that, on the evidence, the will in issue was valid as AA had not read the will, but had read a summary of its provisions, and had not been subjected to undue coercion in making it. The court held that, having regard to the animosity between the parties and the defendant's failure to comply with an order of the court, his removal as executor was justified. 

European Union – Public procurement. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of the third sub-paragraph of art 1(1) of Council Directive (EEC) 89/665, as amended, and by arts 2, 44(1) and 53(1)(a) of Directive (EC) 2004/18. The request had been made in proceedings between eVigilo Ltd and the Lithuanian General Department of Fire and Rescue at the Ministry of the Interior concerning the evaluation of tenders in a public procurement procedure. 

Practice – Summary judgment and strike out. In the course of divorce proceedings, a flat owned by the parties was sold. The husband, T, claimed that, among other things, the flat had not been properly marketed, and that it had not been sold for the best price available. The wife applied to strike out the claim. The Chancery Division held that, on the evidence, an essential ingredient of T's case had already been raised and decided, and he was issue estopped from raising the same point again. Summary judgment would be granted to the wife. 

Arbitrator – Appointment. Multiple arbitrations took place in a construction dispute. The claimants sought to enforce the fourth arbitration. The defendant submitted that there had been an appearance of bias on the part of the adjudicator, S. The Technology and Construction Court held that a fair-minded observer would have concluded that the failure to disclose certain conversations had given rise to the real possibility that S had been biased. Further, on the evidence, the defendant had not waived his right to allege apparent bias.