Latest Cases

Family proceedings – Orders in family proceedings. The Family Division allowed a father's application for the summary return to Hungary of his three children, aged six, five and three and accepted the father's contention that he had not consented to their permanent removal to England. 

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. 

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. 

Solicitor – Disciplinary proceedings. The claimant Law Society applied for an injunction making permanent prohibitions against the defendant, S, to prevent him holding himself out as a solicitor or becoming involved with legal work. The Chancery Division held that while, on the evidence, the Law Society could not invoke the court's supervisory jurisdiction over S to obtain the relief that it sought, the relief sought by the Law Society would be granted in the exercise of the court's power under s 41(4)(c) of the Legal Services Act 2007. 

Capital gains tax – Computation of chargeable gains – Contingent liability. Court of Session: Allowing an appeal by a taxpayer against a decision of the Upper Tribunal, the court held that a sum a company chairman paid in settlement of a court action was made for a contingent liability in respect of representations he made on a disposal by way of sale of his shares in the company within the meaning of s 49(1)(c) of the Taxation of Chargeable Gains Act 1992, so as to require adjustment of his liability to capital gains tax under s 49(2). 

Criminal law – Direction to jury. The defendant appealed against his convictions for indecency with a child, indecent assault and rape, and the sentences, totalling 13 years' imprisonment, imposed. The Court of Appeal, Criminal Division, held that the judge's summing up, particularly concerning the defendant's character, had not in any way rendered the convictions unsafe. However, the sentences on the indecency counts had been unlawful because there had been a statutory maximum of two years' imprisonment. The sentences of five years' imprisonment for the indecency offences would be quashed and substituted by concurrent sentences of two years' imprisonment, which would not alter the overall total sentence. 

Heritable property – Title conditions – Real burden. Court of Session: Refusing a reclaiming motion in an action for declarator, the court agreed with the Lord Ordinary that a clause in a minute of agreement relating to subjects on which the pursuers wished to construct an office development did constitute a valid and enforceable real burden in terms of the Title Conditions (Scotland) Act 2003 and that the restriction in the clause related to construction and not merely to letting. 

Immigration – Leave to remain. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision, refusing him leave to remain as an unmarried partner of a person present and settled in the United Kingdom. The Administrative Court, in dismissing the application, held that the substance of the Secretary of State's letter to 'endeavour to issue a response to you within 14 days' was not one of a promise from which it would be unconscionable on the part of the Secretary of State to resile. Further, the Secretary of State had not, by her letter, indicated that a full review would necessarily take place. 

Account – Action for. The proceedings concerned an action brought by the claimants, seeking an account and associated enquiries against their former solicitor, the defendant. The Chancery Division held that the claim for an account in respect of any period before 1 August 1998 failed. However, there should be an account of all sums received by or to the order of the defendant from or at the direction of the claimant from 1 August 1998 and, further, an order that the defendant pay to the first claimant compensation for breach of duty in procuring the unauthorised payment of a sum to a third party. 

Practice – Stay of proceedings. The petitioner brought a petition for relief in respect of Fenox (UK) Ltd, of which it was a 50% shareholder. The third respondent, with the support of the second respondent, applied for the proceedings to be stayed, pending determination of a wider partnership dispute by arbitration. The Companies Court held that, without a compelling reason to order a stay, it would decline to do so.