Latest Cases

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. 

Practice – Personal injuries action. The claimant was born prematurely at the defendant hospital. She brought a claim for personal injury. The hospital admitted that delivery had been delayed by around 25 minutes due to fault in its systems. However, it was the hospital's case that none of the time differences had any impact on the outcome and that the claimant suffered. The Queen's Bench Division held that the evidence had not established to the requisite standard of a balance of probabilities that the delay in the claimant's delivery had resulted in her injuries. 

European Union – Environment. The Court of Justice of the European Union granted the declaration sought by the European Commission that by failing to ensure the collection and treatment of urban waste water in certain agglomerations, Belgium had failed to fulfil its obligations under arts 3 and 4 of Council Directive (EEC) 91/271 (concerning urban waste water treatment). 

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. 

Damages – Assessment. The claimants brought a claim against the first defendant solicitors' firm. They were awarded judgment in default. The Mercantile Court made an assessment of damages relating to three properties as test cases. 

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. 

Serious Fraud Office – Investigation. The judge dismissed a single charge of conspiracy to defraud contrary to common law in relation to the local mining authorities on the basis that the prosecution had repeatedly changed its stance and therefore the respondent could not know the case they had to meet. The prosecution sought a voluntary bill of indictment. The Queen's Bench Division dismissed the application on the basis that the judge had not erred in law and it was not in the interests of justice to allow the application. 

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. 

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. 

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.