Latest Cases

Bankruptcy – Trustee in bankruptcy. H was made bankrupt. His assets on the date of the bankruptcy included four pension policies. H did not wish to crystallise the policies and, without crystallisation, the precise value of the policies could not be determined. The applicant trustee in bankruptcy applied to the court, effectively seeking that H be ordered to crystallise his policies and to exercise his elections in a manner desired by the trustee. The Chancery Division held that there was no power to require H to elect in any particular way. The application would be dismissed. 

European Union – Treaty provisions. The Court of Justice of the European Union granted the application by the European Commission for a declaration that by retroactively curtailing the right of taxpayers to recover tax which had been levied contrary to European Union law as set out in s 107 of the Finance Act 2007, the United Kingdom had failed to comply with its obligations under art 4(3) of the Treaty on the Functioning of the European Union. 

Sentence – Notification and orders. Following conviction for sexual offences, the claimant was obliged to comply with the notification requirements of Pt 2 of the Sexual Offences Act 2003 for life. On several occasions following M's release from prison, the police visited his house informally. It was said that M did not truly consent to their entry because his will was overborne by the knowledge that, if he refused them entry, they would be able to obtain a warrant, under s 96B of the Act. The Court of Appeal, Civil Division, held, inter alia, that the practice of making unannounced visits to offenders' homes seeking entry by consent was proportionate and did not involve an unlawful interference with their rights under art 8 of the European Convention on Human Rights. 

Building contract – Adjudication. The claimant acted as an adjudicator in a dispute. He found largely against the defendant company. The defendant refused to pay his fee and he brought proceedings against it. The Technology and Construction Court held that the claimant had acted within jurisdiction and in accordance with the rules of natural justice, and was entitled to the sum claimed. 

European Union – Rules on competition. The General Court of the European Union dismissed the application by Si.mobil telekomunikacijske storitve d.d. (Si.mobil) for annulment of Commission decision C(20110 355 final rejecting Si.mobil's complaint concerning infringements of art 102 of the Treaty on the Functioning of the European Union allegedly committed by Mobitel, telekomunikacijske storitve d.d. on a number of wholesale and retail mobile telephone markets. 

Landlord and tenant – Tenancy. The tenants had paid a deposit for a property under the terms of their tenancy agreement. Subsequently, the statutory tenancy deposit scheme was introduced, but the deposit was never placed in such a scheme. The landlady purported to serve notice to quit under s 21 of the Housing Act 1988 and the tenants challenged the validity of that notice because of the failure to comply with the statutory deposit scheme. The Court of Appeal, Civil Division, held that s 215 of the Housing Act 2004, as amended by the Localism Act 2004 and enacting Order, had not been retrospective in their operation and, since the tenants' deposit had never been kept in an authorised scheme, the possession notice had been invalid. 

Practice – Jurisdiction. The Divisional Court had dismissed claims for judicial review, by which the claimants had challenged a decision of the Central Criminal Court to accept jurisdiction to determine a claim by the Revenue and Customs Commissioners, pursuant to s 59 of the Criminal Justice and Police Act 2001. The Court of Appeal, Civil Division, held that the underlying proceedings challenged in the Divisional Court had been a criminal matter. Consequently, the Court of Appeal had no jurisdiction to entertain an appeal from its order. The claimants had to make their application to the Divisional Court and, if successful, pursue their appeal in the Supreme Court. 

Practice – Service out of the jurisdiction. The proceedings concerned the breakdown of relations around the ownership of a joint venture company, Spartan, incorporated in the British Virgin Islands (BVI). The claimant was given permission to serve proceedings out of the jurisdiction on Spartan and the first and second defendant companies, Kea and Harlaw. Kea and Harlaw challenged the grant of permission. The Chancery Division held that permission to serve proceedings out of the jurisdiction would be set aside. 

European union – Trade marks. The General Court of the European Union dismissed the action brought by Heidrick Struggles International Inc (Heidrick) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning an application by Heidrick for registration of the word sign 'THE LEADERSHIP COMPANY 'as a Community trade mark. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, deciding that arts 18(1)(d) and 22 of Sixth Council Directive (EEC) 77/388 had to be interpreted as containing formal (not substantive) requirements relating to the right to deduct, failure to comply with which, in circumstances such as those at issue in the main proceedings, could not result in the loss of that right.