Latest Cases

European Union – Consumer protection. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 4(2) of Council Directive (EEC) 93/13 (on unfair terms in consumer contracts). The request had been made in proceedings between Mr and Mrs Matei and SC Volksbank România SA (Volksbank) concerning allegedly unfair terms in consumer credit contracts providing, first, for a 'risk charge' applied by Volksbank and, secondly, authorising the latter to alter the rate of interest unilaterally under certain conditions. 

Solicitor – Solicitor and client. The claimant sought damages against the defendant firm of solicitors, which had acted for him in the proposed purchase of a property in 2010. The proposed vendor did not complete and was subsequently made bankrupt, and the claimant lost his deposit. The claimant submitted that, having advised of the risk of insolvency, the solicitor who had advised him had had a duty to take steps to explore the extent of that risk, by making searches that would have revealed the existence of the bankruptcy petition. The Chancery Division, in dismissing the claim, held that the solicitor had not been under any duty to make the suggested searches prior to exchange of contracts. The risks had been adequately explained to a person of the claimant's experience and he had, in fact, understood the advice he had been given. 

Personal Injury: Quantum Case. Clinical negligence. The claimant received £13,192.99 in general damages following a settlement when she suffered a posterior capsular rupture with vitreous loss. The claimant had approximately one year of blurred vision in the eye, extended period of floaters, a fat cigar in the visual field as well as 18 months of inflammation in the eye and the requirement for an additional surgical procedure. She was likely to need to use drops on and off for the rest of her life. 

Immigration – Leave to remain. The claimant Thai national's application for leave to remain in the United Kingdom was refused on the basis of an unspent criminal conviction. The Administrative Court, in dismissing the application, held that, inter alia, the Secretary of State had been entitled to take the new Immigration Rules into account, notwithstanding that the application had been made prior their entry into force. Further, the Secretary of State had not acted perversely or irrationally. 

Practice – Pre-trial or post-judgment relief. Following the withdrawal of the claimant's case for damages for personal injury after cross-examination, the defendant applied for an order enforcing costs in their favour on the basis that the court could make a finding on the basis of various inconsistencies in the evidence, that the claim was fundamentally dishonest. The county court agreed on the evidence that the bringing of the case had been fundamentally dishonest. 

Company – Administrator. The applicant creditors of a company in administration applied for orders that: (i) the remuneration of the respondent administrators was excessive and should be either disallowed entirely or reduced; and (ii) that the administrators should pay the costs of the application personally and not as an expense of the administration. The Companies Court rejected the contention that the administrators, appointed under Insolvency Act 1986, could not or should not have made the statement as to the statutory purpose, as required under para 29(3)(b) of Sch B1 to the Act, which had led to their appointment. Further, the argument that they should not be entitled to any remuneration at all for their services was rejected. Once the decision to appoint administrators had been made, the responsibility on the prospective administrator in considering whether the statement as to the statutory purpose could be made was to look ahead at what would or might happen during the administration if he was appointed, and not behind at the motives which might have led the directors to choose to make the appointment. 

Local authority – Social services. The claimant sought judicial review of the defendant local authority's policy on charging for adult non-accommodation care services on the basis that it was inconsistent with the Secretary of State's guidance. The Administrative Court, in allowing the application, held that, as written, the authority's policy was in conflict with the guidance, but even on the most generous interpretation, the policy was entirely unclear. 

Town and country planning – Planning authority. The claimant developer applied, under s 113 of the Planning and Compulsory Purchase Act 2004, to quash and, alternatively, remit to the defendant local planning authority, parts of its development plan. The Planning Court, in dismissing the application, held that the inspector had been entitled, on the evidence, to find that the full housing need of the authority had been objectively assessed in accordance with the National Planning Policy Framework and the National Planning Policy Guidance. Further, the authority and the inspector had considered market signals and other market indicators, as they had been required to do by national guidance. 

Immigration – Asylum/humanitarian protection – Fresh claim. Court of Session: In judicial review proceedings by a failed Pakistani asylum seeker, who challenged a decision that his further submissions did not amount to fresh claim, the court pronounced an order reducing the decision letter complained of, holding that the respondent had failed to satisfy the requirement of anxious scrutiny and it had not been demonstrated on her behalf that the petitioner would inevitably fail before any further adjudicator. 

Practice – Summary judgment. The claimant bank applied for summary judgment in connection with actions raising issues of contractual construction relating to sums payable following the termination of ISDA master agreements. The Commercial Court decided the points of construction in the claimant's favour. There were no other compelling reasons why the matter should proceed to trial, and the claimant would be entitled to summary judgment.