Latest Cases

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. 

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. 

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. 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. 

Employment – Contract for services. The claimant colorectal, laparoscopic and general surgeon was prohibited from carrying out all forms of surgery at the defendant NHS Trust. He issued proceedings for breach of contract. The Queen's Bench Division, in dismissing the claim, held that his submission that he should not have been excluded from all surgery was unrealistic. The NHS Trust had been able to conclude that there had been no alternatives to exclusion and it had been entitled to maintain the exclusion. Further, the NHS Trust had been entitled not to permit the claimant to return to work, given the breakdown in the relationship and absent suitable supervision. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by El Corte Ingles, SA (El Corte) for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to reject its opposition to the registration by Apro Tech Co. Ltd of a figurative sign as a Community trade mark. The General Court ruled that the Board had been right to rule out the existence of a likelihood of confusion between the mark applied for and the other rights relied on by El Corte. 

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. 

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. 

Mental health – Court of Protection. The patient had made an enduring power of attorney (EPA) in favour of his step son and daughter. When his step son failed to retain accountants to draw up and retain a copy of such accounts, an order was made revoking his EPA and appointing the step daughter as sole attorney. There was a reconsideration of that order and the Court of Protection confirmed the order previously made. 

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.