Latest Cases

Employment – Discrimination. The employee had commenced proceedings against the employer, alleging disability discrimination. She sought to add claims of discrimination related to pregnancy and maternity and sex discrimination. The employment tribunal (the tribunal) refused permission to amend. The employee appealed. The Employee Appeal Tribunal, allowing the appeal, held that the tribunal had failed to apply settled principles. 

Winding up – Liquidator. In the course of the liquidation of the Comet group, the claimant liquidators made an application for disclosure. In allowing the application, the Companies Court held that the benefit likely to be gained by the liquidators as a result of making the order substantially outweighed the burden likely to be imposed on the respondent companies. 

European Union – Conflict of laws. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 4(1), (2), (4) and (5) of the Convention on the Law applicable to Contractual Obligations. The request had been made in proceedings between Haeger & Schmidt GmbH, a company governed by German law, and Mutuelles du Mans assurances IARD, Va Tech JST SA (Va Tech) and others, concerning compensation for loss suffered by Va Tech during the carriage of a transformer it had purchased for the purposes of its business. 

Time – Extension of time. The applicant had applied for permission to extend the time for filing its respondent's notice to an appeal. The Court of Appeal, Civil Division, held that the principles laid down in Mitchell v News Group Newspapers Ltd ([2014] 2 All ER 430) as explained in Denton and others v TH White Ltd and another; Decadent Vapours Ltd v Bevan and others; Utilise TDS Ltd v Davies and others ([2014] All ER (D) 53 (Jul)) applied to applications for an extension of time. Applying those principles, the application was allowed. 

Charity – Charitable trust. The husband and wife were involved in the conservation of the rare Chinese tiger. Their relationship broke down and the wife petitioned for divorce. She sought financial relief. The issue arose as to whether a charitable organisation controlled by the husband and wife was a post-nuptial settlement (PNS). The Family Division held that, on its true construction, the organisation was not a PNS. 

Constitutional law – Act of state. The claimants issued proceedings against the defendant government bodies and officers arising from their alleged participation in the claimants' unlawful abduction, kidnapping and removal to Libya. The Court of Appeal, Civil Division, held that the claimants' claim was not barred by the doctrine of state immunity, nor by the act of state doctrine given considerations of public policy on grounds of violations of human rights and international law. Further, it had not been premature to determine that foreign law applied and to put the burden on the claimants to plead their case on foreign law. 

Town and country planning – Permission for development. The claimant local planning authority applied for an order to quash the decision of the inspector appointed by the first defendant Secretary of State, allowing the second defendant's appeal against the claimant's refusal of planning permission and granting planning permission for 94 dwellings. The Administrative Court, in dismissing the application, held that the inspector had dealt with, and had given adequate reasons for rejecting, the claimant's central argument. He had not erred in failing to exclude housing development from his assessment of sustainable development, and had considered arts 12 and 16 of the Council Directive (EEC) 92/43. 

Personal Injury: Quantum Case. Road traffic accident. The claimant was awarded £5,500 in general damages. She suffered a soft tissue injury to her cervical spine which exacerbated a pre-existing injury. The claimant suffered from severe pain down her neck, radiating to the elbow, for approximately one month. She had pins and needles for six weeks. She also suffered from travel anxiety. The claimant's soft tissue injury to her cervical spine resolved within two years post-accident. The claimant's fear of travel resolved within 12 months. 

Criminal law – Costs. The Court of Appeal, Criminal Division, dismissed the defendant former politician's application for permission to appeal against sentence in respect of a costs order and held that the judge had reached a conclusion as to what was just and reasonable which had been open to him. 

Company – Administration. A company applied, under para 72 of Sch B1 to the Insolvency Act 1986, to dispose of certain assets. The Companies Court held that it had no jurisdiction to grant the application where it was not persuaded on the balance of probabilities that a chattel leasing agreement had given possession of the assets to the company.