Latest Cases

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. 

Town and country planning – Permission for development. The claimant issued judicial review proceedings, seeking to quash the planning permission granted by the defendant minerals planning authority to a company for temporary permission for exploration and appraisal concerning an existing hydrocarbon lateral borehole. The Planning Court, in dismissing the application, held that the authority had determined the merits after a full discussion and a thorough exploration of the issues raised. The claimant's case failed, as its legal arguments neither addressed nor reflected the relevant principles and the authority had not been misled. 

Practice – Family proceedings. The Family Division adjourned a hearing in respect of financial matters and required the parties to return to court with a single composite bundle of documents, in circumstances where the relevant practice directions had not been complied with. 

Medical practitioner – Professional misconduct. The appellant registered midwife appealed against the respondent Nursing and Midwifery Council's Conduct and Competence Committee's finding of impairment by misconduct and suspending her from practise for four months. The Administrative Court found that some of the Committee's findings on dishonestly had not been satisfactory or satisfactorily expressed. It appeared to have approached the issue of dishonesty in an irregular way, such as to render its finding in that important respect unsustainable. That part of the appeal would be allowed and remitted for reconsideration. 

Warrant – Search warrant. The claimant sought judicial review of the first defendant's decision that it had no jurisdiction to entertain his application for the return of items seized under search warrants. The Divisional Court, in dismissing the application, held that, as the only route to challenge whether a warrant was lawful was by way of judicial review, the judge had correctly held he had no jurisdiction. Further, the claimant had not made out his case that the searches and seizures had gone beyond the purpose for which the warrants had been issued. 

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. 

Town and country planning – Planning authority. The claimant challenged, by way of judicial review, the decision of the defendant local authority to allow the Uppingham neighbourhood development plan to proceed to a neighbourhood planning referendum. The Administrative Court dismissed the claim. It held, inter alia, that, on an overall reading of the screening report and knowledge of the author's clear recognition of what the legislation had required of him, he had not failed to consider the positive environmental effects when he had concluded that there had been no significant environmental effects. 

Adoption – Arrangements. In a factually unusual case, a baby was removed from his birth mother with a view to adoption by A and B. Following the application to adopt by A and B, a man came forward, claiming to be the child's biological father. He was in fact so and strongly sought that his son should now move to live with his sister (the child's aunt) so that the child could grow up within his birth family and have the opportunity to enjoy a normal legal and psychological relationship with his father, paternal half-sibling, and other members of his extended, genetic paternal family, throughout his life. The Family Court agreed with that course of action and a care order was once again made in favour of the local authority. 

Minor – Abduction. In an appeal by the mother against an order granted by the High Court for the summary return of a child, A, to Russia, the Court of Appeal, Civil Division, considered whether the principle of effective access to justice for a child was engaged in the exercise of the inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the Civil Aspects of Child Abduction nor Council Regulation (EC) 2201/2003 (concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000) applied. In allowing the appeal, the court held that there was an obligation in principle on the High Court sitting in its inherent jurisdiction in relation to an abduction application to consider whether and how to hear the child concerned. 

Discrimination – Discrimination. The employee had succeeded in his claim for unlawful age discrimination before the employment tribunal and had received an award for injury to feelings and awards in respect of holiday pay, including an award in respect of holidays to which the employee, as a worker, had been entitled but which he had not taken (holiday pay 3). The Employment Appeal Tribunal allowed the employer's appeal against holiday pay 3 and the employee's appeal against the amount of the award made in respect of injury to feelings.