Latest Cases

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. 

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Borough Council v Secretary of State for Communities and Local Government and another ([2011] 4 All ER 851) had not been replaced by ss 171BA to 171BC of the Act and the inspector had not failed to apply that principle correctly. 

European Union – Environment. The Court of Justice of the European Union granted the appeals by the European Council and the European Commission requesting the court to set aside the judgment of the General Court of the European Union in Stichting Natuur en Milieu and another (T‑338/08, EU:T:2012:300), by which it had annulled two Commission decisions, rejecting as inadmissible the applications lodged by Stichting Natuur en Milieu and Pesticide Action Network Europe seeking to have the Commission review its Regulation (EC) No 149/2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto. 

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. 

Marine insurance – Perils insured against. A vessel owned by the first claimant company (the owners) was damaged by pirates and could not be repaired. The Commercial Court held that vessel was a constructive total loss, and that the owners were entitled to claim an indemnity regarding it. 

Claim form – Service. The claimant banking institution brought a claim against the defendant construction management company concerning advice provided to it on proposed lending opportunities. The issue was whether a deputy master had erred in holding that service of the claim form by email be amounted to good service, pursuant to CPR 6.15. The Chancery Division, in allowing the defendant's appeal, held that the deputy master had been wrong to conclude that, on the facts, there was a good reason to make an order under CPR 6.15. 

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. 

Divorce – Appeal. Post divorce, the husband had refused an open offer of settlement from the wife. As a result, the judge in effect dismissed his application for financial remedy. The husband sought permission to appeal and that was refused on the basis that his appeal had no reasonable prospect of success. 

Disclosure and inspection of documents – Production of documents. The claimant investors issued proceedings, seeking a declaration that they were entitled to inspect and copy documents as of right on a true construction of the deeds governing the affairs of the defendant limited liability partnerships (LLP). The Chancery Division, in allowing the claim, held that, properly construed, a clause of the deeds created an express and unqualified right to inspect the books and records of the LLP concerned in favour of the members of the LLP concerned and their authorised representatives. There was no reason to exercise the discretion to refuse relief. 

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.