Latest Cases

Bankruptcy – Sequestration – Recovery of council tax. Court of Session: Dismissing an action in which the pursuer sought reduction of five summary warrants, a charge for payment of money and decree of sequestration, the action having arisen out of a dispute about her non-payment of council tax, the court held that reduction was only available where there were exceptional circumstances, eg fraud on the court, and there must be specific averments in support of such a plea, however there were no such averments in the pleadings. 

Immigration – Asylum – Refusal of leave to appeal. Court of Session: In judicial review proceedings in which a failed Afghan asylum seeker challenged a decision of the Upper Tribunal (UT) refusing him leave to appeal against a decision of the First Tier Tribunal, and also applied for interim suspension of a subsequent decision to return him to Afghanistan, the court, granting the motion for interim suspension along with first orders, held that the petitioner had presented a prima facie case that there was a compelling reason for the court to review the UT's decision. 

Police – Disclosure of information. The Supreme Court held that provisions of Pt V of the Police Act 1997 were incompatible with art 8 of the European Convention on Human Rights, insofar as they required the disclosure of all convictions and cautions, for failure to meet the tests of legality and necessity. Further, the interference of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, SI 1975/1023, with the right under art 8 of the Convention had not been necessary, although that Order had not been ultra vires. 

Child – Care. Following the murder of the children's mother by the father, X, the police had blood samples belonging to the father from the crime scene. X although in prison, was seeking a role in the children's lives. The Children's Guardian (the guardian) and the local authority wished to conduct a paternity test. The father however was against that idea. The guardian and the authority sought an order that the blood samples be used for the purposes of reaching a conclusion as to whether any of the DNA profiles belonged to the father. The Family Division held that the order would be made subject to limitations and safeguards. 

Judgment – Default judgment. The proceedings concerned a dispute over non-payment of the full amount for a cargo of oil. The Commercial Court set aside a default judgment against a foreign defendant with conditions attached, where the claim against him involved serious allegations of dishonesty and to maintain the judgment in default deprived him of any prospect of vindicating his defence and, importantly,where the judgment was possibly for an excessive sum to which the claimant was not fully entitled. 

Pleading – Counterclaim. Negotiations took place concerning the financial future of Coventry City Football Club. The negotiations broke down, and the claimant trustees commenced proceedings. The defendant company counterclaimed, submitting that it had been an implied term of an agreement between the parties that the negotiations would be conducted in good faith, and that the trustees would not do anything to impede the performance of certain conditions precedent. The Mercantile Court held that there was no justification for reading into the contract the elements sought by the defendant, and the counterclaim would be dismissed. 

Solicitor – Dishonesty. The Chancery Division struck out a claim by a solicitor for the withdrawal of the notice of intervention into her practice where there was no reasonable prospect of the claimant being able to show good grounds for challenging the intervention and no prospect of succeeding in her claim. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by K-Swiss Inc., (K-Swiss) for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Künzli SwissSchuh AG and K-Swiss, Inc., in respect of the application by K-Swiss for registration of a figurative sign consisting of a two-dimensional representation of the shape of a shoe showing five parallel stripes. 

Evidence – Witness. In the course of proceedings, the defendant failed to submit a witness statement or witness summary within time limits. She applied, on the first day of trial, to call a witness. The Chancery Division held that, weighing up all the factors, it was appropriate for the evidence to be admitted. 

Practice – Summary judgment. The claimants sought summary judgment and declarations regarding the ownership of property, in respect of which trust deeds had set out ownership. The defendant contended that, notwithstanding those trust deeds, it had been the intention of his elderly father, the second claimant that the defendant would hold the property on trust for him. The Chancery Division granted summary judgment where there was no arguable case that the trust deeds were in fact a sham and where there was no other compelling reason why the case should go to trial.