Latest Cases

Personal injury – Negligence – Duty of care. Court of Session: Pronouncing decree of absolvitor in an action in which the pursuer, who was struck and blinded in the right eye by a golf ball hit by the defender during a golf tournament, sought damages, claiming the defender was negligent, the court held that the defender played his shot in the ordinary course of play, the danger of the pursuer's being hit by the shot was a risk incidental to the competition, which he accepted when undertaking the task of officiating, and the injury he sustained was not caused by an error of judgment on the defender's part that a reasonable competitor, being a reasonable man of the sporting world, would not have made. 

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. 

Contract – Formation. D acted, through the claimant company, as an advisor for the defendant companies. He brought proceedings, contending that he had agreed with W, the managing director of the first defendant company, that he would be paid a success fee for his services. The Commercial Court held that, on the evidence, the agreement had been made and W was entitled to the fee. 

European Union – Community foreign and security policy. The General Court of the European Union granted the application by Abolnaser Hemmati (AH) for annulment of: (i) Council Decision 2011/783/CFSP (amending Decision 2010/413/CFSP concerning restrictive measures against Iran), in so far as it had included AH's name in Annex II to Council Decision 2010/413/CFSP (concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP); and (ii) Council Implementing Regulation (EU) 1245/2011 (implementing Regulation (EU) 961/2010 on restrictive measures against Iran) in so far as it had included AH's name in Annex VIII to Council Regulation (EU) 961/2010 (on restrictive measures against Iran and repealing Regulation (EC) 423/2007). 

Child – Court proceedings in relation to child. The local authority sought a reporting restrictions order in resepct of a child whose mother had been purportedly murdered by her father. The child was in care whilst her father awaited trial for the murder. The press association opposed the order on the basis that among other things there was insufficient evidence of harm to the child she was named. The Family Division held that the application would be refused. 

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. 

Disclosure and inspection of documents – Application. The claimant had been imprisoned for the murder of his girlfriend. He sought the disclosure of further information relating to the case from the police. The first defendant Chief Constable refused to disclose documents to the extent required by the claimant. The claimant commenced an application for judicial review, seeking, among other things, an order requiring the Chief Constable to grant him access to the prosecution evidence. The Supreme Court held, in dismissing the application, that there was no indefinitely continuing duty on the police or prosecution either in the same form as existed pre-trial or to respond to whatever enquiries the claimant might make for access to the case materials to allow re-investigation. 

Family proceedings – Orders in family proceedings. The judge after a fact finding hearing found that nine specific allegations made by the local authority in relation to six children had taken place. Following certain retractions of the allegations the matter was remitted to the same judge who did not find the retractions credible and following a further fact finding hearing, the conclusion was that there should be residence orders in respect of the two elder children, a special guardianship order in respect of the youngest child and special guardianship orders in respect of the other three children. The father appealed and the Family Court dismissed his appeal finding that the findings of the judge were unassailable. 

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.