Latest Cases

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. 

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. 

Employment – Disability. The employment tribunal had decided that the employee specialist registrar had not been disabled within the meaning of s 6 of the Equality Act 2010. The Employment Appeal Tribunal dismissed the employee's appeal against that decision deciding that the tribunal had been entitled to conclude, on the evidence before it, that the impairment relied on by the employee did not have a substantial adverse effect on the employee's day-to-day activities. It further decided that the tribunal had not misdirected itself as to the meaning of 'long-term'. 

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. 

Housing – Local authority houses. The claimant sought judicial review of defendant local authority's decision that she did not succeed her long-term partner in his secure tenancy because she had not been residing with him in the 12 months before his death, pursuant to s 87 of the Housing Act 1985 (the additional condition). The Administrative Court, in dismissing the application, held that the additional condition served the legitimate aim of reliably assessing whether two people were living together as spouses or civil partners. Further, there was a reasonable relationship of proportionality between the means employed and the aim sought to be realised. 

Design – Design right. The claimant company, DKH, made clothing. It brought proceedings against the defendant company, H Young, contending that it had infringed DKH's rights by the importation and sale of a particular style of gilet. The Intellectual Property Enterprise Court held that, among other things, DKH's design was not commonplace, and H Young's gilet infringed DKH's designs. 

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. 

Employment – Terms and conditions of employment. A rule was introduced into the employees' contract of employment that they would receive the pay and conditions of a new post when they moved to it but, in any case, no later than six weeks after being informed of the selection. The claimants contended that the words 'pay and conditions of the new post' included certain supplements which went with the new post. Contrary to the finding of the employment tribunal, the Employment Appeal Tribunal determined, inter alia, that the proper construction of the rule was that it did include those supplements. 

Occupier's liability – Common duty of care. The claimant fell on local authority property. She brought an action in negligence and the court found the local authority negligent with the claimant being 50% contributorily negligent. The local authority appealed. The Court of Appeal upheld the decision of the judge on the basis that is had been reasonably foreseeable that the claimant would fall.