Latest Cases

Town and country planning – Permission for development. The claimant sought judicial review of the first defendant local planning authority's grant of planning permission to make alterations and additions to their property by constructing a first floor residential flat with a deck to the rear. The Planning Court, in allowing the application, held that the planning committee had applied the proper policies. However, it had failed to consider alternative schemes for use of the property and the representations made by Sport England as a statutory consultee. 

Police – Disclosure of information. The claimant doctor sought judicial review of the defendant Metropolitan Police Service's (the MPS) decision that unlawfully obtained material should be provided to the General Medical Council. The Administrative Court, in dismissing the application, held that the MPS had erred by failing to carry out the careful balancing exercise of competing interests required by art 8 of the European Convention on Human Rights. However, the fact that the material had been obtained unlawfully did not outweigh the legitimate aim served by its disclosure and the claimant's rights under art 8 of the Convention had not been violated. 

Local authority – Land. The claimants challenged the defendant Secretary of State's decision to consent to the local authority's decision to appropriate their allotments. The Administrative Court, in allowing the application, held that there had been an established, objectively verifiable fact, that had existed at the time of decision, material to the decision, but not known to the Secretary of State as a result of a mistake for which the claimants had not been responsible. The decision had been based on a clear consideration that there had been no changes of materiality since the application had been made. Accordingly, the decision had not been in accordance with law. 

Copyright – Infringement. The claimant company contended that the defendants had infringed its copyright by using images that it owned on the first defendant's website. The Intellectual Property Enterprise Court, in allowing the claim, held that, on the evidence, the first defendant had been communicating reproductions of the claimant's artistic works to the public in the United Kingdom. On the case law, the actions of the second defendant, who owned the first defendant, amounted to an authorisation by him personally to his agent to carry out the infringing acts. 

European Union – Public procurement. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 45 of Directive (EC) 2004/18 of the European Parliament and of the Council (on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts). The request had been made in proceedings between Cartiera dell'Adda SpA (Cartiera) and CEM Ambiente SpA (CEM Ambiente) concerning a decision made by the latter, as contracting authority, to exclude the joint venture formed by Cartiera and another company from a selection procedure on the ground that a statement relating the person designated as that company's technical director had not been submitted with the joint venture's bid. 

Habeas corpus – Grounds for writ of habeas corpus. The mother of two children had been found guilty of contempt of court and sentenced to 28 days' imprisonment. The Administrative Court refused to grant a writ of habeas corpus and stated that, in the circumstances, habeas corpus was an entirely misconceived remedy, there was a right of appeal, the mother was represented and she had legal aid. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the Administrative Court had been entirely right to have proceeded as it had and for the reasons it had given. 

European Union – Public procurement. The General Court of the European Union dismissed the application by Computer Resources International (Luxembourg) SA for annulment of the decision of the Publications Office of the European Union to accept the tenders submitted by the consortium formed by the applicant and another company, concerning the provision of computer services for software development and maintenance, consultancy and assistance for different types of information technology, and to award the framework contracts to other tenderers. 

Local authority – Land. In the course of the development of a site of land, the question arose as to whether the defendant London Borough of Havering had represented that it would demolish certain premises no matter what, or had represented that it would only demolish them if the claimant company had a protected tenancy. The Chancery Division, in dismissing the appeal, held that, among other things, there had been no representation to demolish the premises whatever the circumstances. 

European Union – EU Institutions. The Court of Justice of the European Union allowed the appeal by Mr Nencini, a former member of the European Parliament, against a judgment of the General Court of the European Union in which the General Court had dismissed his action for annulment of the decision of the Secretary General of the European Parliament regarding the recovery of certain expenses received by Mr Nencini in respect of, inter alia, travel and parliamentary assistance expenses unduly paid. 

Contract – Construction. The defendant was a boxer. The first claimant was a boxing manager and promoter and the second claimants provided the first claimant's boxing promoting services. The claimants provided services to the defendant under various agreements. A commission agreed was 25% of gross receipts less specified deductions. The claimants alleged that the defendant owed them money and the defendant counterclaimed for money owed. The Queens' Bench Division held that the defendant owed the first claimant unpaid commission and the second claimant owed the defendant unpaid balance in respect of the fight.