Latest Cases

Holiday – Contract. Whilst on holiday in Spain, the claimant suffered a fall at the hotel and sustained injuries. She succeeded in her claim against the defendant organiser of the holiday package. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, among other things, that the recorder had not, on the basis of the facts found, been justified in his conclusion that it had been an accident such as in the ordinary course of things did not happen if those who had the management of the hotel used proper care. It had been an accident which could have occurred despite the use of proper care. 

Water and watercourses – Reservoir. The claimant charity sought judicial review of the defendant's decision to approve and proceed with proposals for reservoir safety works to the ponds on Hampstead Heath, subject to obtaining planning permission. The Planning Court, in dismissing the application, held that there was no basis for requiring safety to be balanced against competing factors such as preservation of the landscape, protection of the environment or heritage assets. Further, the defendant had not adopted an irrational approach to risk on the proper construction of the purpose of the Reservoirs Act 1975. 

European Union – Public service contract. The General Court of the European Union granted the application by Alfastar Benelux SA (Alfastar) for annulment of the decision of the European Council not to select the tender submitted by Alfastar response to the restricted call for tenders UCA 218/07, for the provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council and to award the contract to another tenderer. 

Construction contract – Arbitration. The claimant construction company brought proceedings, seeking to enforce an adjudication decision. The defendants submitted that the decision could not be enforced, as there had been no valid contract between the parties. The Technology and Construction Court held that, on the evidence, there had been a valid contract and so the decision could be enforced. 

Pension – Pension scheme. The appeal concerned the allocation of a surplus on the winding up of a plan established to provide pensions and other benefits for employees of certain companies in a group. The Privy Council, in allowing the appeal, held that the courts below had erred in holding that a clause of the trust deed had been invalid. Further, the matter would be remitted for reconsideration of whether the first appellant could legitimately refuse agreement to a proposed uplift for inflation out of the surplus. 

Landlord and tenant – Leasehold enfranchisement. The claimant freeholders had successfully issued proceedings contending that a notice served by the defendants claiming collective enfranchisement had not complied with the requirements of s 13(3)(e) of the Leasehold Reform, Housing and Urban Development Act 1993. The Court of Appeal, Civil Division, held that those matters required to be included on the notice by s 13(3)(e) went to the very heart of the right to collective enfranchisement and, consequently, the statutory scheme, on its proper interpretation, pointed clearly in favour of the invalidity of the notice by virtue of the non-compliance. 

Extradition – Extradition order. The appellant appealed against orders for her extradition to Poland to serve an activated suspended sentence for supplying narcotics, possession of narcotics, misuse of an identity card issued to another and stealing, because of her failure to contact probation service after changing her address. The Administrative Court, in allowing the appeal, held that the judge had erred in finding that the appellant had become a fugitive by failing to inform probation of her change of address. Further, to return the appellant to would not be a proportionate interference with the private life the appellant had legitimately established in the United Kingdom without being a fugitive. 

Negligence – Damage. The claimants were chemical process operators who claimed damages for loss of earnings from the defendant employer. They accepted that the claims depended on establishing the presence of actionable injury on standard tortious principles. The Queen's Bench Division dismissed the claims holding that when analysed, the claim was one for pure economic loss. 

European Union – Trade marks. Following the main judgment in the proceedings, in which orders were made against a number of websites that had been selling fake goods, the Chancery Division made similar orders against two further websites. 

Extradition – Extradition order. The appellant appealed against the order for his extradition to Poland to face trial for obtaining a bank loan by deception. He relied on art 8 of the European Convention on Human Rights and the impact of extradition on his partner and child. The Administrative Court, in allowing the appeal, held that the appellant's extradition would be a disproportionate interference with family life and the welfare of his child.