Latest Cases

Deed – Construction. The proceedings related to a collection of books, photographs and the like owned by the Warburg family. The collection was given to the first claimant university, and a trust deed was made regarding the care of the collection. The claimants brought a construction claim regarding the interpretation of the deed. The Chancery Division made a number of findings of fact as to its construction. 

Claim form – Service. The claimant was a publicly-listed (NASDAQ) shipping company, which owned and operated a fleet of tankers. It brought a claim against the defendant Korean company for damages for alleged repudiation of an option agreement. The defendant applied under CPR 11, challenging the jurisdiction of the English court to hear the claim. The Commercial Court, dismissing the defendant's application, held that service at the London address of the person entered in the register of companies as authorised to accept service on behalf of the defendant had been valid service under s 1139(2)(b) of the Companies Act 2006 and/or CPR 6.9(2). 

Practice – Summary judgment. The proceedings concerned an application for summary judgment by the claimant against both defendants. An issue arose as to whether the claimant could bring the claim it made in the action on the basis of assignments. The Commercial Court held that the claimant succeeded and that it could bring the claims on the basis of the assignments. 

Employment – Sex discrimination. The employee brought a claim for indirect sex discrimination. The question arose as to whether the employment tribunal had correctly construed a reference to the phrase 'power to afford access' in s 56(5) of the Equality Act 2010. The Employment Appeal Tribunal held that, on the evidence, the tribunal had not erred, and the narrow construction sought by the employee would deprive the phrase of any real meaning, which could not have been Parliament's intention. 

Disclosure and inspection of documents – Privilege. For reasons which could not be included in the present open judgment, certain material might be withheld by the defendant Treasury in its defence to the claimant bank's application, under the Counter-Terrorism Act 2008 s 63, to set aside the financial restrictions decisions by which it was affected. The Administrative Court, having set out required approach to the issues between the parties, further held that disclosure had to be made of information contained in certain other material.

Family proceedings – Orders in family proceedings. In deciding whether to make an interim supervision order, the Family Division considered the child's best interests. When those criteria were considered, it was apparent that the local authority's plans for immediate action were in the child's best interests. 

Contempt of court – Committal. The claimants brought a contractual claim against the defendants, alleging, among other things, asset stripping. The claimants applied for an order that the fourth, fifth and sixth defendants be committed to prison for civil contempt of court for breach of a worldwide freezing order, alleging their failure to provide adequate disclosure of documents and information in accordance with the freezing order and order continuing it. The Commercial Court held that, on the facts, contempt had been proved against some, but not all defendants. 

Contract – Parties to contract. The claimants brought contractual claims, alleging breach of contract, under which a freight forward agreement position was to be transferred to the first claimant, under a guarantee, whereby the sixth defendant undertook to buy back the positions. The Commercial Court held that first claimant was entitled to recover from the defendants damages for losses flowing from the failure to buy back the forward positions, with credit allowed for payments made by the defendants or on their behalf and freight discounts allowed against the sums due. The fourth defendant was entitled to recover for the diminution in the value of his shareholding in a company, which owned the first defendant company. 

Children and young persons – Court proceedings. WC pleaded guilty to the murder of his Spanish teacher. He was sentenced to detention at Her Majesty's pleasure, with a specified minimum term of 20 years. WC was 15 years and 10 months old when he killed the victim, and 16 at the time of sentence. Because of the age, WC was the subject of an order granted by the Crown Court just a few days after the killing preventing his identification pursuant to s 39 of the Children and Young Persons Act 1933. The Queen's Bench Division refused an application of the defence to continue that order in respect of WC. 

National Health Service – England. The claimant unsuccessful asylum seeker sought judicial review of provisions of the National Health Services (Charges to Overseas Visitors) Regulations 2001, SI 2011/1556, on the basis that they gave rise to unlawful disability discrimination and had breached the public sector equality duty. The Administrative Court held that the Regulations had not failed the test of being manifestly without reasonable foundation, as the Secretary of State had justified the discrimination. However, the Secretary of State had not had due regard to the need to promote equality of opportunity for disabled people.