Latest Cases

Town and country planning – Development. The appellant appealed against the decision of the inspector appointed by the defendant Secretary of State, affirming the refusal of a certificate of lawfulness of existing use or development on the basis that he was deprived of the four year limitation period in s 171B(2) of the Town and Country Planning Act 1990 due to his deliberate concealment. The Planning Court, in dismissing the appeal, held that the principle laid down in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another ([2011] 4 All ER 851) had not been replaced by ss 171BA to 171BC of the Act and the inspector had not failed to apply that principle correctly. 

Coroner – Inquest. The claimant sought an order quashing the original inquest into her father's suicide in prison and directing the holding of a fresh one. The Administrative Court, in dismissing the application, held that the fact that the claimant had not been notified of the inquest did not vitiate the proceedings. Further, the scope of the coroner's inquiry had been sufficiently full, in particular, with respect to the management of the risk of suicide. The authorities did not support the contention that independent psychiatric evidence had to be called in every case of suicide in prison where there might be a mental health issue. 

European Union – Concept of state aid. The Court of Justice of the European Union ruled that the practice in London, England, of permitting Black Cabs to use bus lanes on public roads during the hours when the traffic restrictions relating to those lanes were operational, while prohibiting minicabs from using those lanes, except in order to pick up or set down passengers who had pre-booked such vehicles, could be such as to affect trade between member states within the meaning of art 107(1) of the Treaty on the Functioning of the European Union, which it was for the referring court to determine. 

European Union – Consumer protection. The Court of Justice of the European Union ruled that Council Directive (EEC) 93/13 (on unfair terms in consumer contracts) should be interpreted as applying to standard form contracts for legal services, such as those at issue in the main proceedings, concluded by a lawyer with a natural person acting for purposes which were outside his trade, business or profession. 

Employment – Contract of service. The claimant brought proceedings against his former employers. The principal issues were whether, under his contract of employment, he had become, or had been entitled to become, a member of the first defendant company and, if so, on what terms as to profit share and capital interest. The Chancery Division made a number of rulings, but held that further submissions were required regarding the effects of s 4(4) of the Limited Liability Partnership Act 2000 on the case. 

Elections – Local government. The petitioner, an independent candidate at a local government election, brought the election petition, under s 127 of the Representation of the People Act 1983, to challenge the validity of the election. The Election Court, in dismissing the petition, held that, as a matter of law, r 45(3A) of the Parliamentary Election Rules contained in Sch 1 to the Act applied only to parliamentary election counts and did not apply to local government election counts. Further, the Returning Officer had not been guilty of any act, omission or breach of duty in relation to the election and the first respondents had been duly elected. 

Family proceedings – Jurisdiction. The mother applied to the United Kingdom Courts for the recognition and enforcement of an order made by a Russian court granting her custody of SG. SG had not been heard by the Russian court prior to the making of the order. The Family Division held it was open to it to refuse the mother's application on the basis of art 32 of the Hague Convention 1996. 

Immigration – Leave to remain. The claimant sought judicial review of the refusal of further leave to remain in the United Kingdom on the basis that he had not been given the letter notifying him that his prior leave had been curtailed. The Administrative Court, in allowing the appeal, held that merely to send a curtailment of leave letter to the person's address and rely on the receipt signed by another individual was manifestly insufficient to ensure that the written notice was 'given' to the person concerned. Accordingly, leave had not been validly curtailed and the application for further leave to remain ought to have been granted. 

European Union – Consumer protection. The Court of Justice of the European Union ruled, inter alia, that the second sentence of art 23(1) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council (on common rules for the operation of air services in the Community) should be interpreted as meaning that, in the context of a computerised booking system such as that at issue in the main proceedings, the final price to be paid had to be indicated whenever the prices of air services were shown, including when they were shown for the first time. 

Tort – Harassment. The claimants brought an action for harassment against the defendants and sought an injunction restraining them from further harassing behaviour. The Queen's Bench Division applying established law found that the claimants had made out their case for an injunction to restrain the third defendant from harassing them and the injunction would be granted in substantially the terms sought.