Latest Cases

Solicitor – Client account. In two claims, the claimants brought proceedings against the defendant solicitors' firm, Mishcon. Mishcon had indirectly received payments from the claimants, which it then passed to third parties on the instructions of one of its claims. The Chancery Division, in dismissing the claimants' claims, held that there had been no Quistclose trust created, nor would the claimants' claims in dishonest assistance or unlawful means conspiracy succeed. 

Will – Construction. The Chancery Division held that, on the true construction of a clause in a deceased's will, the ordinary and natural meaning of the words 'issue of mine' and 'such of my issue' respectively, included both the deceased's children and step-children and their children. 

Human rights – Right to respect for family and private life. Further to its previous judgment (see [2014] All ER (D) 156 (Dec)), the Investigatory Powers Tribunal declared that, prior to the disclosure that had been made and referred to in the previous judgment and the present judgment, the regime governing the soliciting, receiving, storing and transmitting by United Kingdom authorities of private communications of individuals located in the UK, which had been obtained by United States authorities pursuant to US National Security Agency programmes, had contravened arts 8 or 10 of the Convention, but at the present time complied. 

Insurance – Motor insurance. The principal issue in an appeal from the Court of Appeal of Trinidad and Tobago was whether the Motor Vehicles Insurance (Third-Party Risk) Act of 1933 enabled someone who had suffered property damage caused by a motor vehicle accident to obtain indemnity from the vehicle owner's insurers when the driver, who had caused the damage, had not been not authorised by the insurance policy to drive the vehicle. The Privy Council, in allowing the insurer's appeal, held that the Act did not prevent the insurer from arguing that the terms of its insurance policy did not cover a claim where the driver of the vehicle had been unauthorised. Accordingly, the Court of Appeal had erred when it struck out Presidential's defence. The case was remitted to the High Court for reconsideration. 

Costs – Order for costs. The defendants had been found liable for passing off and were ordered to pay the claimants' costs of the action. The defendants' main appeal in the proceedings was dismissed. They then appealed as to costs, contending that, even if it had been open to the judge to have found them liable for passing off, there had been no proper basis for having made an order that they should pay the claimants' costs. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had not fallen into error in the manner for which the defendants had contended and his order was well within the bounds of a reasonable exercise of the wide discretion which he had had. 

Building contract – Subcontractors. The claimant company appointed the defendant company, HEC, to provide assistance in the development of a landfill site. A dispute arose as to which of the parties bore the contractual risk of increased costs associated with the enhancement of the design beyond the original delivery plan. The Technology and Construction Court held that it was appropriate to consider the making of declarations in the case, and made rulings concerning HEC's contractual obligations. 

Police – Powers. The present appeal concerned the question of the circumstances in which DNA profiles obtained by the police in the exercise of their criminal law enforcement functions could, without the consent of the data subject, be put to uses which were remote from the field of criminal law enforcement. The Court of Appeal, Civil Division, construed s 22 of the Police and Criminal Evidence Act 1985 as meaning that, if the police considered that it was necessary to retain DNA material obtained under Pt II of PACE for criminal law enforcement purposes, they could not use it for any other purpose. 

Costs – Order for costs. Capita Translation and Interpreting Ltd had a contract with the Secretary of State to provide interpreters for court and tribunal hearings. The court had booked two interpreters for an application for leave to oppose an adoption, but the interpreters were not provided and the hearing was adjourned. The local authority sought recovery of its costs of that hearing against Capita. The Family Court granted the application and held that Capita had failed to discharge its obligations under the contract with the Secretary of State and, where there had been a background of serial failures by Capita in the proceedings, it was just for the company to pay the authority's costs. 

Sentence – Suspended sentence. The offender had been given a suspended sentence for an offence of rape, the recorder having used his power under s 125(7) of the Coroners and Justice Act 2009 to depart from the sentencing guideline in order to deal with a mentally disordered offender in the manner that he thought fit in the circumstances. The Court of Appeal, Criminal Division, held that, although the sentence had been unduly lenient at the time it was passed, it was not in the public interest that the sentence should be disturbed and no action would be taken, in circumstances where the offender had made a fully committed start to the suspended sentence order. 

European Union – Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of the principle of sincere cooperation in art 10 EC in conjunction with the Conditions of Employment of other Servants of the European Communities, established by Regulation (EEC, Euratom, ECSC) No 259/68, as amended. The request had been made between the Belgian Office national de l'emploi and Ms Melchior concerning that body's refusal to grant Ms Melchior unemployment benefit.