Latest Cases

Mental health – Court of Protection. CP, who was 91 and suffered from dementia, was taken by the applicant local authority and kept at a locked dementia unit for 17 months. It was agreed that his detention there had violated his rights under arts 5 and 8 of the European Convention on Human Rights. The Court of Protection considered, among other things, a consent order and declarations as to CP's capacity. 

Medical practitioner – Negligence. Judgment had been entered for the claimant against the defendant surgeon for damages for negligence on the part of the defendant in a surgical procedure performed by him upon the claimant's late wife, following which, she had suffered kidney failure. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held, inter alia, that the judge had been entitled to have fastened upon those aspects of the evidence which he had found to have been reliable pointers to what had actually occurred during the procedure, without trawling through every issue, side issue or speculation that arose on the evidence or in argument. 

Land – Acquisition of title by possession. The issue on the appeal was whether an application for a person to be registered, under the Land Registration Act 2002, as the proprietor of a registered estate in land by reason of a period of adverse possession was valid, where part of the relevant period of possession consisted of the occupation of a residential building in circumstances constituting the commission of a criminal offence, under s 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The Court of Appeal, Civil Division, held that the enactment of s 144 of LASPO, and the commission of an offence under it, did not have any material effect on the operation on the law of adverse possession. 

Competition – Competition Appeal Tribunal. The Competition Appeal Tribunal dismissed the applications brought by Groupe Eurotunnel SA (Eurotunnel) and Societe Cooperative de Production Sea France SA under s 120 of the Enterprise Act 2002 for judicial review of a decision of the Competition and Markets Authority in relation to the completed acquisition by Eurotunnel of certain assets from the liquidator of SeaFrance SA. 

Libel and slander – Justification. In a preliminary hearing, in libel proceedings concerning a premier league footballer, the Queen's Bench Division gave a ruling on the meaning of the words complained of and also refused the defendant's application to amend its defence. 

Passing off – Clothes. The defendant retailer, Topshop, had sold a t-shirt with an image of the pop star Rihanna. The t-shirt was not officially endorsed by her and while the photograph had been licensed to Topshop by the photographer, it had been taken during a video shoot for the star's new album. Rihanna successfully issued proceedings for passing off. The Court of Appeal, Civil Division, dismissed Topshop's appeal as the judge had not made any error in his identification of the relevant law or his application of it to the present case. 

Data protection – Processing of information. The claimant had put forward his own name twice unsuccessfully to the defendant House of Lords appointment commission. The claimant brought seeking disclosure of two unsolicited letters sent to the defendant under the Data Protection Act 1998. His claim was opposed by the defendant. The Queen's Bench Division held that the information was exempted information and dismissed the claim. 

Damages – Personal injury. The deceased died following a helicopter crash whilst employed on a project by the defendant employer. The deceased's wife brought a claim against the employer. The Queen's Bench Division held that the scope of the defendant employer's duty extended to the charter of the helicopter and the flight, that the duty had been breached and that breach had caused the deceased's death. 

Trade dispute – Dispute connected with terms and conditions of employment. The Privy Council allowed an appeal by Municipal Police Officers in Trinidad and Tobago who had complained that for over a decade they had been treated less favourably than Regular Police Officers, particularly in terms of remuneration. 

Building – Construction. On the claimant's application, the judge had granted an ex parte injunction, preventing the defendant from carrying out excavations close to the party wall shared with the claimant's property, otherwise than in strict accordance with the method statement forming part of a party wall award. At the return date, the defendant was content for the injunction to continue, but objected to paying the claimant's costs of the action. The Technology and Construction Court held that, on the evidence, the defendant had been in breach of the party wall award and, in all the circumstances, the claimant had been entitled to have sought and obtained the ex parte injunction. Accordingly, the defendant was entitled to his costs.