Latest Cases

Trust and trustee – Powers of trustee. The claimant trustees applied to the court under CPR Pt 8 for various orders relating to their running of a trust that controlled a large estate in London. The Chancery Division held that, on the evidence, it would be appropriate to make the orders as sought. 

Conflict of laws – Jurisdiction. The claimant businessman and Russian citizen brought an action in libel in the United Kingdom in respect of a publication in the jurisdiction of England and Wales by the defendant who was a journalist and lived in Russia. Steps had been taken to serve the proceedings on the defendant in Moscow, but the validity of those steps was disputed. The Queen's Bench Division held that the proceedings could continue. Directions would be needed, and it would be appropriate to consider not just case management but also costs management. 

Sentence – Imprisonment. The Court of Appeal, Criminal Division, held that a suspended sentenced imposed for the offence of attempted robbery had been unduly lenient and substituted it for one of five and-a-half years' detention in a young offender institution. The court held that the recorder had given too much weight to the offender's circumstances and the fact that it was his first offence and an offence which had been well out of character. 

Sentence – Confiscation order. The proceedings concerned whether a substantial breach of s 15(2) of the Proceeds of Crime Act 2002, in conjunction with a substantial breach of s 14 of the Act, rendered the subsequent confiscation proceedings invalid, even if they were completed within two years. The Court of Appeal, Criminal Division, allowed the defendant's appeal against the confiscation order, in circumstances where the combination of delays and breaches by the prosecution was such as to have deprived the court of the power to make such an order. 

European Union – Value Added Tax. The Court of Justice of the European Union allowed the action by the European Commission for a declaration that by applying a reduced VAT rate of 3% to the supply of electronic books, Luxembourg had failed to fulfil its obligations under arts 96 to 99, 110 and 114 of Council Directive (EC) 2006/112 (on the common system of value added tax), as amended, read in conjunction with Annexes II and III to that directive and Council Implementing Regulation (EU) No 282/2011 (laying down implementing measures for Directive 2006/112). 

Costs – Costs management. The claimant brought proceedings against the defendant contractor for the costs of remedial works. The present proceedings were convened to determine the claimant's costs budget. The Technology and Construction Court held that the costs budget was an entirely unreliable document and that both the costs already incurred by the claimant and its estimated future costs were disproportionate and unreasonable. In the circumstances, the assessed costs/costs budget for the claimant would be a total of £4.28m. 

Damages – Personal injury. Whilst working for the defendant employer British Telecom, the claimant was injured. He brought an action for damages against the defendant alleging, inter alia, breach of Use of Work Equipment Regulations 1998 SI2306/98 and regulation 4(3) of the Electricity at Work Regulations 1989, SI 635/1989. The Queen's Bench Division held that the breach had been made out and that the claimant was entitled to damages to be assessed, subject to a reduction of one third in respect of contributory negligence. 

European Union – Regulations. The Court of Justice of the European Union dismissed the appeal by Mr Ahmed Abdelaziz Ezz and others (the applicants) against the judgment of the General Court of the European Union, by which the General Court had dismissed their action for annulment, first, of Council Decision 2011/172/CFSP (concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt) and, secondly, of Council Regulation (EU) No 270/2011 (concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt), in so far as those acts concerned the applicants. 

European Union – Value Added Tax. The Court of Justice of the European Union granted the application by the European Commission for a declaration that, by applying a reduced rate of VAT on the supply of digital books (or electronic books), France had failed to fulfil its obligations under arts 96 and 98 of Council Directive (EC) 2006/112 (on the common system of value added tax), as amended, read in conjunction with Annexes II and III to that directive and Council Implementing Regulation (EU) 282/2011 (laying down implementing measures for Directive (EC) 2006/112). 

Pension – Pension scheme. The applicant had been dissatisfied with the amount of a tax free cash lump sum paid to him under his pension which was administered by the respondent company. He took his complaint to the Pensions Ombudsman, who rejected his assertion that the respondent had wrongly deducted from the lump sum an amount due under a loan secured against the policy. The judge then refused the applicant permission to appeal against that determination. The Chancery Division, in refusing the applicant's request for the court to reconsider that refusal, held that, in the circumstances of the unpaid loan which had been secured against his policy, it had been unsurprising that the lump sum had been reduced.