Latest Cases

Public procurement – Competitive tendering procedure – 'Extreme urgency' exception – Damages. Court of Session: In an action in which the pursuer claimed that the defenders breached public procurement law by failing to hold a competitive tendering procedure when, between January 2010 and March 2011 they bought de-icing salt for gritting roads during severe winters, but not from the pursuer, the court held that the criteria for the application of the 'extreme urgency' exception in the Public Contracts (Scotland) Regulations 2006 were satisfied in the first winter (2009/2010) but not in the second (2010/2011), but that the pursuer had failed to prove any loss. 

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. 

Family proceedings – Orders in family proceedings. Following the death of a child, the local authority made an application for a care and supervision in relation to the other child of the family. In the application, the local authority sought findings that the dead child had sustained non-accidental injuries at the hands of the father. The Family Division held that the threshold criteria under s 31 of the Children Act 1989 had been made out nevertheless the living child should be returned to the care of the mother with the possibility of making of a supervision order. 

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. 

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. 

Adult incapacity – Power of Attorney – Validity. Sheriff Court: In an application under the Adults with Incapacity (Scotland) Act 2000 in which the pursuers sought orders revoking or restricting the defender's appointment as an attorney, the parties' mother having executed a document entitled Continuing and Welfare Power of Attorney in favour of her children and a dispute having arisen between the children over the operation of the power of attorney, the court rejected the defender's argument that the action should be dismissed because the power of attorney was invalid as it did not comply with s 15(3)(b) and (ba), and s 16(3)(b) and (ba) of the 2000 Act. 

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. 

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. 

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. 

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.