Latest Cases

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. 

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. 

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. 

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. 

Libel and slander – Malice. The claimant Member of Parliament brought proceedings for libel against the defendant newspaper publisher. The claim contained allegations of malice. TNL applied to strike out the claim of malice. The Queen's Bench Division held that, among other things, the allegations had failed to plead clearly and distinctly the factual case relied on to establish dishonesty on the part of the two journalists concerned, and that the application to strike out would succeed. 

Constitutional law – Foreign sovereign state. The appeals concerned whether a member of the service staff of a foreign diplomatic mission to the United Kingdom could bring proceedings in the UK against the employer state to assert employment rights or whether such a claim was barred by state immunity. In particular, whether provisions of the State Immunity Act 1978 (the SIA) were compatible with art 6 of the European Convention on Human Rights and art 47 of the Charter of Fundamental Rights of the European Union (the EU Charter). The Court of Appeal, Civil Division, held, inter alia, that, on the application to the claimants' claims: (i) s 16(1)(a) of the SIA infringed art 6 of the Convention; (ii) s 4(2)(b) of the SIA infringed arts 6 and 14 of the Convention; and (iii) ss 4(2)(b) and 16(1)(a) of the SIA, in their application to those parts of the claims which fell within the scope of EU law, infringed art 47 of the EU Charter. 

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. 

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. 

European Union – Trade marks. The General Court of the European Union dismissed Kenzo Tsujimoto's appeal against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market relating to his application for registration of the word sign 'KENZO' as a Community trade mark. In dismissing the appeal, the General Court ruled that there was a risk that the mark applied for would take unfair advantage of the reputation of an earlier KENZO mark. 

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.