Latest Cases

Property – Transfer of property. The claimants were the personal representatives of the estate of the deceased, who died intestate. They brought a claim, seeking a declaration in respect of property, which had been purchased by the deceased, in the name of two of his children. The Chancery Division granted a declaration that the property was held on trust for the deceased's estate absolutely. Any arrangement that the deceased had made with the relative were ineffectual to transfer beneficial interest to her, absent writing. 

Licence – Licence to occupy premises. The claimant Secretary of State brought possession proceedings against the defendant following her failure to vacate a property which she had occupied with her then husband, under a licence granted to the husband. The judge rejected her arguments that: (i) the fact that Crown licensees had no security of tenure amounted to unlawful discrimination, under arts 8 and 14 of the European Convention on Human Rights; and (ii) the notice purporting to terminate the licence was invalid. The Court of Appeal, Civil Division, dismissed the defendant's appeal. On the facts, there had been no violation of the defendant's Convention rights, because there had been no relevant difference in treatment which had had an adverse effect on her, and the notice had validly terminated the licence. 

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. 

Contract – Breach of contract. The parties had entered into a contract for the sale and purchase of a shopping centre. The claimants had sought damages based on the defendants' delay in obtaining emergency lighting certificates which had led to delayed completion. The judge had allowed the claim based on his construction of the relevant terms of the contract. The Court of Appeal, Civil Division, allowed the defendants' appeal on the ground that the judge had erred in his construction of the contract. 

Insurance – Liability insurance. The Court of Appeal, Civil Division, held that professional indemnity insurers were obliged to indemnify solicitors who were liable to reimburse the loans made to their clients in order to defray the disbursements made by those clients. Obligations arising out of such loans were essentially part and parcel of the obligations assumed by a solicitor in respect of his professional duties to his client, rather than obligations personal to the solicitor. They were inherently part of his professional practice and were assumed, as an essential part of his duty was to advise the client as to the likelihood of success in the intended litigation. 

Police – Police officer. The claimants were retired police officers who were assigned to be the handlers of covert human intelligence sources (CHISs). They sought to recover overtime pay which they said was due to them in respect of the time which they had spent dealing with CHISs outside their normal tours of duty. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, rejected the submission that a recall to duty, under reg 25(1) of the Police Regulations 2003, SI 2003/527, depended upon the handler receiving some specific instruction from the controller to contact the CHIS or to take some other kind of positive action. Further, it allowed the claimants' cross-appeal as to the amount of overtime that was payable. 

Criminal law – Trial. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against his conviction for dangerous driving and taking a conveyance without authority, in circumstances where the prosecution's case, based on DNA evidence, that the defendant had been the driver of the vehicle had been very strong indeed. 

Criminal law – Proceeds of crime. The Court of Appeal, Criminal Division, dismissed an appeal by the defendant investment banker against his conviction for money laundering in respect of funds obtained by a corrupt Nigerian politician. The court held, among other things, that the judge had not erred in his treatment of the defendant's previous acquittal. 

Town and country planning – Permission for development. The claimant applied to quash the decision of the inspector appointed by the first defendant Secretary of State, refusing the claimant's appeal to grant planning permission for a wind energy development. The Planning Court, in allowing the application, held that the inspector had proceeded on the basis of an error of fact, which had played a material part in the decision she had reached. That had given rise to unfairness to the claimant and amounted to an error of law. 

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.