Latest Cases

European Union – Rules on competition. The General Court of the European Union dismissed the application by Akzo Nobel, Akzo Nobel Chemicals Holding and Eka Chemicals for the annulment of Commission Decision C(2012) 3533 final rejecting a request for confidential treatment submitted pursuant to art 8 of Decision 2011/695/EU of the President of the European Commission (on the function and terms of reference of the hearing officer in certain competition proceedings). 

Statutory demand – Setting aside statutory demand. The Chancery Division, in dismissing the defendant's appeal, held that a decision by a lower court, dismissing an application to discharge a statutory demand served on him should be dismissed, had been correct. The defendant did not have a counterclaim that exceeded the amount of the debt stated in the statutory demand and, therefore, there were no grounds for setting aside the statutory demand. 

Town and country planning – Permission for development. The claimant applied to quash the decision of the first defendant Secretary of State, dismissing her planning appeal. The Planning Court, in dismissing the application, held that, although the Secretary of State had not followed another decision or expressly departed from it, giving clear and proper reasons for having done so, consideration of the other decision would not have made a difference in the present case. Further, the Secretary of State had correctly treated the best interests of the children affected by the decision as a primary consideration. 

Police – Pension. The claimant sought judicial review of the defendant Police Medical Appeal Board's (the PMAB) decision that he was not permanently disabled. The Administrative Court, in dismissing the application, held that the PMAB had not erred in law in failing to apply the correct legal test or by regarding itself as confined by the classification in the International Classification of Diseases Revision 10. Further, the PMAB's decision had been well and clearly reasoned, and its reasoning had not been absurd, perverse and/or irrational. 

European Union – Civil and commercial matters. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 5(1)(a), 5(3) and 15(1) of Council Regulation (EC) No 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The request had been made in proceedings between Mr Kolassa, domiciled in Vienna (Austria), and Barclays Bank plc, established in London (United Kingdom), concerning an action for damages based on the contractual, precontractual, tortious or delictual liability of that bank as a result of the loss in value of a financial investment made by Mr Kolassa through a financial instrument issued by that bank. 

Sentence – Imprisonment. The Court of Appeal, Criminal Division, increased an offender's sentence for rape, where the judge had erred in giving a discount of three years to reflect the offender's courage in pleading guilty or his previous good character. The sentence of seven years' and two months' imprisonment was quashed and substituted for a sentence of ten years' imprisonment. 

Criminal law – Child sex offences. The Court of Appeal, Criminal Division, held that a community sentence imposed on a dance instructor who had had sexual relationships with two 15 year old students had been unduly lenient. The sentence was substituted for one of four years' imprisonment. 

Housing – Local authority. The claimant sought judicial review of the defendant local authority's decision not to consider whether her circumstances were exceptional and to treat her as eligible for housing allocation despite her not fulfilling the residency criteria in the housing allocation scheme. The Administrative Court, in dismissing the application, held that the scheme had not empowered the authority to disapply the eligibility criteria in an exceptional case. Further, the scheme had not unlawfully fettered the authority's statutory powers and there was no evidence that, in devising the scheme, the authority had failed to have regard to the ministerial guidance and such failure could not be inferred. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, deciding that the making available of a stadium to a football club constituted a supply of services rather than a letting of immovable property within the meaning of art 13B(b) of the Sixth Directive where, amongst other things, the owner permanently controlled the access to the sporting facilities and 80% of the charge payable represented services of management, maintenance and cleaning. 

Landlord and tenant – Business premises. The judge, in dismissing the tenant's application for a new tenancy of a business premises, held that the relevant date for ascertainment of the landlord's intention to demolish and reconstruct the property on the termination of the tenant's tenancy, for the purposes of s 30(1)(f) of the Landlord and Tenant Act 1954, was the date of the hearing before him, and that intention had been established as at that date. The Court of Appeal, Civil Division, in dismissing the tenant's appeal, held that s 30(1)(f) of the Act required the landlord to prove his intention at the date of the hearing and there was no practical reason why he should also be required to prove that he had held that intention at the date of service of his notice to terminate the tenancy.