Latest Cases

European Union – Regulation. The General Court of the European Union allowed the application by Abdulbasit Abdulrahim (Abdulrahim), residing in London for annulment of certain decisions taken by the European Commission which had included and maintained Abdulrahim on a list of persons and entities whose funds and other economic resources were to be frozen due to their association with Usama bin Laden, the Al-Qaida network and the Taliban. The General Court decided that none of the allegations made against the applicant was such as to justify the adoption, at EU level, of restrictive measures against him. 

European Union – Social security. The Court of Justice of the European Union ruled that art 2 of Regulation 1408/71, read in conjunction with art 16 of that regulation, should be construed as meaning that, for the period during which a national of a member state had been employed at a consular post of a third state within the territory of a member state of which he was not a national but within whose territory he resided, that national was not subject to the legislation of a member state, within the meaning of that provision, if, under the legislation of his member state of residence, adopted pursuant to art 71(2) of the Convention, he was not affiliated to the national social security scheme. 

Civil procedure – Summary decree: Court of Session: Refusing an apppeal in an action for payment of solicitors' fees against a sheriff principal's refusal of an appeal against a sheriff's interlocutor dismissing the defender's counterclaim on the pursuer's motion for summary decree, the court held that the sheriff was entitled, on the averments and the other material relied on, to conclude that the counterclaim had no real prospect of success, and the sheriff principal did not err in his approach to the appeal before him. 

Conflict of laws – Jurisdiction. The claimant company brought proceedings against the defendant company to restrain it from acting contrary to the claimant's interests in alleged breach of trust and in alleged conflict of interest. The defendant applied for a stay. The Chancery Division held that, among other things, it would be appropriate for the stay to be granted. 

Civil procedure – Personal injuries action – Statement of valuation. Court of Session: In a personal injuries action which called for proof without a defenders' statement of valuation having been lodged, the court refused the defenders' motion to vary the timetable to allow late receipt of their statement of valuation and held that the sanction of granting the pursuer's motion for decree restricted to the sum concluded for was available to the court at proof diet and was the only appropriate sanction. 

Practice – Striking out. After an unsuccessful attempt to finance the building of a hotel, the claimants were faced with the repossession of their house. They brought proceedings, claiming that the defendant firm, which had provided them with advice, had conspired to destroy documents that proved that its advice had been negligent. The defendants applied to strike out the claims. The Technology and Construction Court held that, on the evidence, the claims were hopeless and the application would be allowed. 

Town and country planning – Planning authority. The claimant property developer sought judicial review of the defendant local planning authority's decision to join a limited liability partnership formed for the purpose of promoting land to housing development in the area. The Administrative Court, in allowing the application, held that the authority's cabinet had not been provided with the necessary information so that it could take into account obviously relevant considerations. Further, the authority had failed to follow the procedure required by s 123(2A) of the Local Government Act 1972, given its intention to dispose of open space. 

Easement – Right of way. The proceedings concerned a neighbour dispute between the claimants and defendants, in which the judge made declarations as to the boundary of the land owned by the claimants and the land owned by the second defendant, and as to the claimants' entitlement to a vehicular right of way over a way, in so far as it was in the ownership of the second defendant. The Court of Appeal, Civil Division, allowed the defendants' appeal on the boundary issue, but dismissed it on the right of way issue. 

Immigration – Citizenship. Court of Session: In judicial review proceedings challenging the Home Secretary's refusal of the petitioner's application for registration as a British Citizen pursuant to s 4C of the British Nationality Act 1981, the court considered that counsel for the respondent's construction was to be preferred as regards the correct legal meaning to be applied to s 4C, which he submitted by its explicit terms extended only to those persons who would by operation of law have become British subjects or citizens of the United Kingdom and Colonies without the need for registration. 

Libel and slander – Practice. In a libel action, the defendant sought to amend his defence at a late stage. The claimant opposed the application. The Queen's Bench Division dismissed the application to amend on the basis that there had been unjustifiable delay and the case was a new case.