Latest Cases

Solicitor – Retainer. The claimant brought an action against the defendant firm of solicitors, alleging that the firm had failed to prepare and issue proceedings against third parties in respect of a construction dispute, or had failed to advise him to issue proceedings against those entities. The Technology and Construction Court, dismissing the claim, held that the defendant firm had not been under duty to advise the claimant to issue proceedings against any or all of the third parties. 

Contract – Contract for supply of services – Identity of contracting parties. Court of Session: In an action in which the pursuers sought repayment of fees paid for an adjudicator's services from his executor on the basis of unjustified enrichment, the adjudicator's decision having been held unenforceable and reduced by the court, the court held that the adjudicator had not entered into the adjudicator's agreement in his personal capacity but as employee of a law firm, and it followed that any claim by the pursuers for repayment of the fee they paid for his services would require to be directed against that firm, as the other party to the contract for supply of those services. 

Arbitration – Award. Following the making of an arbitration award against it, the claimant company, A, sought to have to award set aside, on the ground that the tribunal that had made it had lacked jurisdiction. The Commercial Court dismissed the application, holding that there was nothing in A's submissions to justify setting the award aside. 

Bankruptcy – Annulment. The appellant debtor appealed against an order of a deputy district judge dismissing her application for the annulment of a bankruptcy order. In her grounds of appeal, the appellant had raised a limitation defence. The Chancery Division, in allowing the appeal, held that the belated revelation of the second respondent's only real answer to the appellant's limitation defence after the bankruptcy order had been made, without any explanation why it had not previously been put forward, materially altered the legal landscape and was an exceptional circumstance justifying review of the validity and enforceability of the petition debt. 

European Union – Environment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Annex I, No 14, to Council Directive (EEC) 85/337 (on the assessment of the effects of certain public and private projects on the environment), as amended by Directive (EC) 2009/31. The request had been made in proceedings between the municipality of Strasswalchen, Austria, and other applicants and the Austrian Federal Minister for Economy, Family and Youth, concerning a decision authorising Rohöl-Aufsuchungs AG to carry out exploratory drilling on the territory of the municipality. 

Sentence – Length of sentence. The offenders had taken part in a conspiracy to steal from vehicles, during the course of which the victim had been fatally injured. The Court of Appeal, Criminal Division, increased the first offender's sentence for manslaughter from ten-and-a-half years' imprisonment to 12 years' imprisonment in order to reflect the totality of the offending. The court declined to interfere with the sentence of the second offender, whom it was acknowledged had played a lesser role. 

Sentence – Mandatory life sentence. The offender, then aged 16, was convicted of murder and sentenced to be detained during Her Majesty's pleasure, with the minimum term of 14 years, less 367 days spent on remand. The present proceedings concerned the review of the minimum term. The Administrative Court held that the offender's progress was not such that it satisfied the extremely high hurdle of being exceptional and unforeseen. Accordingly, the present was not a case in which any reduction in the offender's tariff could be recommended. 

European Union – Consumer protection. The Court of Justice of the European Union made a preliminary ruling concerning art 7(1) of Council Directive (EEC) 93/13 (on unfair terms in consumer contracts). The request had been made in proceedings between Ms Baczo and another and the Raiffeisen Bank Zrt concerning an application for a declaration of invalidity of a mortgage loan contract and of the arbitration clause contained in that contract. 

European Union – Trade marks. The Court of Justice of the European Union allowed the action by Environmental Manufacturing LLP (Environmental) against the 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 Societe Elmar Wolf and Environmental concerning the application by Environmental for registration of a figurative sign as a Community trade mark. 

Negligence – Duty to take care. The claimant was a ten year old girl who had been taking part in a group swimming lesson when she got into difficulties and suffered serious brain injury as a result of loss of oxygen to the brain. She brought a claim in damages for negligence against the teacher in charge of her group the lifeguard and the local authority. The Queen's Bench Division held that on the evidence, both the swim teacher and the lifeguard had been negligent and as a consequence the authority was liable for their negligence.