Latest Cases

Practice – Damages. The proceedings arose out of a defamation action. The defendants were in breach of an unless order and were consequently debarred from defending the claim. Leave was given to enter judgment against those defendants. The claimant applied for aggravated damages. The Queen's Bench Division held that, in the circumstances, it was entirely appropriate that there should be an award of aggravated damages and, accordingly, awarded £70,000 by way of compensatory and aggravated damages. 

Coroner – Inquest. The claimant senior coroner, with the fiat of the Attorney General, applied for an order to quash an inquisition into the death of the deceased and for an order that a fresh inquest be held. The claimant relied on fresh information, which might cast doubt upon his conclusion that the deceased intended to take his own life. The Divisional Court, in allowing the application, held that, as a result of the new facts and evidence, it was necessary and desirable in the interests of justice, under s 13(1) of the Coroners Act 1988, that another inquest should be held. 

Patent – Application. The appellant's patent application in respect of an invention consisting of a computer program was rejected and the judge dismissed the appeal against that decision. The Court of Appeal, Civil Division, in dismissing the appeal, held that the appellant might have overcome the hurdle of achieving a novel and inventive step, but it had not overcome the hurdle of being excluded matter under s 1(2) of the Patents Act 1977. 

Criminal law – Appeal. The defendants, who had been aged 15 and 17 at the time of the offence, were convicted of the murder of a 16-year-old boy. The killing had occurred in the context of gang rivalry in East London and the defendants were sentenced to life imprisonment with a minimum term of 18 years. The Court of Appeal, Criminal Division, dismissed the defendants' appeals against conviction and sentence. The court held, amongst other things, that the minimum term could not be regarded as excessive. 

Medical practitioner – Professional conduct committee. The Fitness to Practise Panel (the FPP) of the respondent General Medical Council found that the appellant trainee doctor's fitness to practise was impaired by his misconduct and suspended his registration for a period of six months. The appellant appealed. The Administrative Court found that the FPP had fallen into no error in imposing the sanction. However, the overriding objective required the admission of fresh evidence concerning the practical consequences of suspending a trainee doctor's registration and the case was remitted for further consideration on the issue of sanction. 

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. 

European Union – Trade marks. Following earlier proceedings concerning the selling of counterfeit goods (see[2014] All ER (D) 236 (Oct)), the Chancery Division considered wording proposed by the claimants to deal with situations where a target website selling counterfeit goods changed its IP address. The court held that the wording proposed by the claimants would be accepted. 

Family proceedings – Costs. Following a three trial under the Hague Convention to establish the habitual residence of a child, the mother, who had succeeded in demonstrating that the habitual residence was the United Kingdom, applied to recover from the father her costs of responding to his application. The Family Division, having considered the conduct of both parties, ordered the father to pay half of the mother's costs. 

Company – Compulsory winding up. The Privy Council, in dismissing an appeal by liquidators of a company incorporated in the Cayman Islands, held that, although the Bermuda court had a power to make an order against persons subject to its personal jurisdiction in favour of foreign liquidators for production of information for the purpose of identifying and locating assets of the company, provided they had a similar right under the domestic law of the court which appointed them, the material which the liquidators sought in Bermuda would not be obtainable under the law of the Cayman Islands pursuant to which the winding up was being carried out there. 

Immigration – Leave to remain. The claimant family of Afghani nationals, including five children, sought judicial review of the defendant Secretary of State's grant of discretionary leave to remain, rather than indefinite leave to remain. They contended that the Secretary of State had unlawfully failed to consider s 55 of the Borders, Citizenship and Immigration Act 2009. The Administrative Court, in dismissing the application, held that, although the Secretary of State's decision had been unlawful, it was not remotely likely that a different approach would have been taken if s 55 of the Act had been considered and the Secretary of State's error had not been material.