Latest Cases

Damages – Personal injury. The claimant alleged that he had been exposed to asbestos dust whilst working for the defendants. He had previously brought an action against eight other defendants in 2003 which had ended in a settlement (the 'first action'). In the first action, the claimant had claimed damages for asbestosis and pleural plaques and damages for the risk of mesothelioma. The claimant claimed damages against the defendants for his contraction of pleural mesothelioma. The defendants resisted the claim. Three issues came to be decided as preliminary issues. The Queen's Bench Division held that the proceedings were not an abuse of process and would be allowed to continue by virtue of s 33 of the Limitation Act 1980. 

Criminal law – Money laundering. The appellant was convicted of offences under the Financial and Anti-Money Laundering Act 2002 in Mauritius. The Supreme Court of Mauritius dismissed his appeal on the grounds that he bore the burden of establishing the 'business activities' exemption and that that exemption did not apply. The Privy Council, in dismissing the appellant's appeal, held that, on the ordinary meaning of 'business activities', the appellant's activities were not within it. Further, the Supreme Court had been right to hold that it had been for the appellant to show that the transaction had been within one of the exempt categories. 

Patent – Infringement. Applying established law, the Queen's Bench Division held that, the defendant, Victoria's Secret use in the Euroepan Union of PINK both on its goods and as the name of its stores was an infringement of the claimant's registered trade mark rights, Thomas Pink Ltd. Amongst other things, the use of PINK emblazoned on the defendant's items of clothing gave rise to a likelihood of confusion on the part of the average consumer. 

Family provision – Property available for financial provision. A woman had died from terminal illness and her husband had received a payment under the life insurance policy that they held. However, they were in the process of divorcing at the time of her death and she had had a child with another partner. The child issued proceedings under the Inheritance (Provision for Family and Dependents) Act 1975. A preliminary issue was determined which held that immediately before her death, the deceased had been entitled to a joint tenancy of the right under the life policy to benefit from her assumed terminal illness. The Court of Appeal, Civil Division, held that although there had been a severable interest in the policy immediately prior to the deceased's death, it had had a nil value because the benefit had been dependent upon an appropriate claim having been made and, as no claim had been made, there had been no value to be treated as part of the estate. 

Employment – Discrimination on grounds of age. The Employment Appeal Tribunal, in agreement with the employment tribunal, decided that the claimant had not been subjected to less favourable treatment on account of her age. Her position had been different to that of the comparators because they had been in a position to accept voluntary early retirement (VER) rather than redundancy or redeployment, whereas, at her projected date of leaving employment, that option had not been available to her as the scheme was open to those aged 50 or over and she was aged 49. She could not lawfully have been offered VER at that age as there was a statutory prohibition against it. 

Mental health – Court of Protection. The patient was an elderly lady of 79 years, 'J', with longstanding mental health problems and also, in later years, cancer. The relevant NHS Trust issued a notice of application in the Court of Protection seeking declarations: (i) that J lacked capacity to litigate; (ii) that she lacked capacity to take decisions about the proposed medical investigations and treatment; and (iii) that it was in her best interests to have those investigations and treatment. Having regard to the Mental Capacity Act 2005, the court made the declarations sought. 

Damages – Quantum – Loss of society. Court of Session: In an action by the family of a man who died, aged 69, of mesothelioma caused by exposure to asbestos in the course of his employment, the court made awards of £35,000 to each of his five adult children. 

Family proceedings – Orders in family proceedings. In a hostile dispute between the parents of an 11 year old child, the Family Division held that the child was to be joined as a party and separately represented by a completely independent guardian in the proceedings. The court declined to give any direction with regard to psychiatric or psychological examination as the appointment of a guardian would suffice. 

Value added tax – Repayment of input tax – Refusal of leave to appeal. Court of Session: Dismissing a judicial review petition in which the petitioners sought reduction of the Upper Tribunal (UT)'s decision refusing permission to appeal against the First Tier Tribunal (FTT)'s dismissal of their appeal against HMRC's refusal to make a repayment of input tax on the basis that the petitioners knew or ought to have known that the relevant transactions were connected with fraudulent evasion of VAT, the court held that the UT was well entitled to conclude as it did and it could not be said that the petitioners raised any important point of principle or practice or that there existed some compelling reason justifying review of the UT's decision. 

Family proceedings – Orders in family proceedings. The court extended an urgent interim care order in respect of three very young children against a background of a father with unpredictable mental health problems exacerbated by alcohol abuse that could put the children at risk of harm and where the parents had a history of non-cooperation with the local authority and the father required a mental health assessment.