Latest Cases

European Union – European Parliament. The Court of Justice of the European Union dismissed the appeal by Mr Schonberger (S) which sought to set aside the judgment of the General Court of the European Union in Schonberger v Parliament: Case T-186/11, by which the General Court had dismissed as inadmissible S's action for annulment of the decision of 25 January 2011 whereby the European Parliament's Committee on Petitions had concluded its examination of the petition submitted by S. 

Human Rights – Right to fair trial. The applicant complained that the presence of retired and serving police officers on the jury, which had convicted him of murder, violated his right to a fair trial, as provided in art 6 of the European Convention on Human Rights. The European Court of Human Rights, in dismissing the application, held that there was no evidence of actual partiality on the part of either the retired or the serving officer during the trial. Having regard to all the considerations, the safeguards present at the applicant's trial had been sufficient to ensure the impartiality of the jury which had tried the applicant's case. 

Town and country planning – Enforcement notice. The appellant appealed against the decision of the inspector appointed by the first respondent Secretary of State, upholding an enforcement notice issued by the second respondent local planning authority, alleging that she had erected a dwelling without planning permission. The Planning Court, in allowing the appeal in part, held that the inspector's decision letter had failed to grapple with the question of what operations had been carried out. However, he had not erred by failing to consider whether some steps short of complete demolition would suffice to remedy the breach of planning control. 

Arbitration – Stay of court proceedings. The claimant company appealed against a decision to stay its petition for the winding up of the defendant company. The debt on which the petition was based arose out of a lease which contained an arbitration agreement. The Court of Appeal, Civil Division, in dismissing the appeal, held that the debt mentioned in the petition fell within the very wide terms of the arbitration clause in the lease and triggered the automatic stay provision in s 9(1) of the Arbitration Act 1996. 

Town and country planning – Appeal to Minister against refusal of permission for development. The claimant applied to quash the decision of the first defendant Secretary of State to dismiss the claimant's appeal against refusal by the second defendant local planning authority of planning permission for a wind farm. The Secretary of State had recovered the appeal to himself and disagreed with the conclusions of the inspector he had appointed. The Planning Court, in dismissing the application, held that the standard of reasons required in a recovered appeal where the Secretary of State disagreed with his appointed inspector was the standard in accordance with well-established authority, applied as appropriate to the particular case. On that basis, the Secretary of State's reasons had been proper, adequate and intelligible. 

Town and Country Planning – Development. By an application, under s 288 of the Town and Country Planning Act 1990, the claimant sought to quash a decision of the inspector appointed by the first defendant Secretary of State to allow an appeal against the decision of the second defendant local authority, and to grant planning permission to extend a motor repair garage and retrospectively to extend rear parking. The Planning Court, in dismissing the application, held, inter alia, that the inspector's conclusion that the increase in activity at the rear area of the site had not been material had not arguably been outside the range of legitimate conclusions to which she had been entitled to have come. 

Local government – Control of dogs. Sheriff Court: Allowing an appeal against a sheriff's interlocutor ordering the destruction of the appellant's dog and interdicting him from owning a dog for two years following an incident in which the dog bit a child on the face, the court held that the sheriff was entitled to conclude that the dog was dangerously out of control in a public place but he had failed to consider properly a dog control notice as an alternative to destruction and it followed that the appeal should be allowed as to the order disqualifying the appellant from owning a dog. 

Social security – Retirement pension. The proceedings concerned the entitlement of the respondent to a Category D retirement pension. The Upper Tribunal (Administrative Appeals Chamber) (the UT) determined that G was entitled to such a pension and the Secretary of State appealed. The Court of Appeal, having considered both domestic and European law, allowed the appeal and set aside the decision of the UT. 

Family proceedings – Orders in family proceedings. The parents, who were divorced, originated from Algeria but lived in the United Kingdom. The applicant mother applied to the Family Division for permission to take her children to Algeria. The court held that it was not in the interest of the children to allow the application. 

Trust and trustee – Trust of land. The proceedings concerned a dispute as to the ownership of a property. Under the terms of a deed made between the parties, it was declared that, upon the lease of the property in issue being completed, the property would be owned beneficially by the claimant. The defendant did not respond to letters from solicitors requesting that she transfer the property to the claimant. The claimant issued proceedings and the judge found that the claimant was entitled to an order that the property be conveyed to him. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held that, on the evidence before him, the judge had been entitled to reach the conclusion that the deed should not be set aside on the grounds of undue influence.