Latest Cases

Limitation of action – Period of limitation. In claims by many hundreds of Iraqi civilians against the defendant Ministry of Defence for damages for their allegedly unlawful detention and ill-treatment by British armed forces, the preliminary issue was whether the claims were barred by an applicable statute of limitations. The Queen's Bench Division held that, by reason of Coalition Provisional Authority Order No 17 (CPA Order 17), the time limit was suspended indefinitely. Further, s 2(3) of the Foreign Limitation Periods Act 1984 did not apply to disregard the suspension of the limitation period resulting from the effect of CPA Order 17. 

Company – Winding up. The appeal concerned the question whether, when there was both an appeal against a VAT assessment pending in the First-tier Tribunal (Tax Chamber) (the tribunal) and a winding-up petition pending in the Companies Court, the tribunal or the Companies Court was the appropriate forum to determine whether the petition debt was disputed in good faith on substantial grounds. The Court of Appeal, Civil Division, held that, when the tribunal had reached a conclusion on such an issue, that decision was normally likely to be a compelling factor in the Companies Court's exercise of discretion. That discretion was not, however, completely abrogated by the jurisdiction of the tribunal. It need not defer to the tribunal in every case, though it might often choose to do so. 

Police – Negligence. The claimants were the family and estate of a murdered woman. The claimants had issued proceedings against two police forces in negligence and a failure to protect life in breach of art 2 of the European Convention on Human Rights. The Court of Appeal, Civil Division had granted summary judgment on the claim in negligence and had allowed the art 2 claim to proceed. The Supreme Court upheld that decision and confirmed that there was no exception to the ordinary application of common law principles to provide protection for victims of domestic violence and/or to extend the common law in harmony with the obligations of the police under arts 2 and 3 of the Convention. Further, the art 2 claim involved questions of fact that should properly be determined at trial. 

Insolvency – Jurisdiction. The proceedings concerned an application, on behalf of the administrators for each of the applicant companies, for a declaration in relation to each company that the centre of main interests (COMI) was England and Wales, within the meaning of Council Regulation (EC) 1346/2000 (on insolvency proceedings). The Companies Court held that the legislation made it clear that the presumption was that the COMI of the company would be the state of its registered office, which was Cyprus. However, there was sufficient evidence to rebut that presumption and the declarations sought would be granted. 

Injunction – Ex parte injunction. The wife of a convicted sex offender was photographed aggressively whilst leaving her home with her son. She sought an ex parte injunction against persons unknown under the Protection form Harassment Act 1997. The Queen's Bench Division allowed the injunction under those terms but did not restrain harassment by publication. 

Contract – Contract for services. In the course of a dispute regarding the alleged overcharging of the claimants by the defendants for services required in shipping, storage and loading in the exploitation of hydrocarbon reserves, the Commercial Court made a number of rulings on preliminary issues. In particular, it held that the claimants had a potential claim in damages against the first defendant company. 

Contract – Construction. The proceedings concerned the construction of an agreement for the provision by the defendant of catering services at the claimant's golf club premises, which the claimant sought to terminate. The defendant contended that the agreement provided for an initial term of three years, terminable thereafter by either party on four months' notice and the claimant contended that it was for a fixed term of three years, but terminable at any time by four months' notice within the initial three years. The judge decided the point against the defendant. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held that it was of significance that, in the agreement, the parties had identified the initial term of three years as having been required in order for the agreement to have been reasonable. 

Practice – Summary judgment. The proceedings concerned two separate trusts. The claimant brought proceedings concerning the correct interpretation of a deed of appointment made under one of the trusts. The first defendant counterclaimed for declarations that he was entitled to an absolute interest in a fund under another trust and that the trustees were estopped from reducing or cutting down that interest 

Sentence – Imprisonment. The Court of Appeal, Criminal Division, held that a sentence of 42 months' imprisonment imposed for an offence of wounding with intent contrary to s 18 of the Offences Against the Person Act 1861 had been unduly lenient, in circumstances where there had been two offences over a period of time. 

Criminal law – Trial. The defendant was convicted of assault by penetration, two counts of sexual assault and one count of rape. In his summing up, the judge had given a direction pursuant to s 34 of the Criminal Justice and Public Order Act 1994 in respect of the failure to mention two facts prior to trial which the defendant had relied upon. The Court of Appeal, Criminal Division, dismissed his appeal and held that, although it was doubtful that the judge should have given a direction in respect of the defence case statement, it had not affected the safety of the conviction.