Latest Cases

European Union – Social security. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 19(1) and 20(1) and (2) of Regulation (EC) 883/2004 of the European Parliament and of the Council (on the coordination of social security systems). The request had been made in proceedings between I, an Irish national, and the Irish Health Service Executive concerning the latter's refusal to grant the applicant a further renewal of Form E 112 to cover the costs of medical treatment which he was receiving in Germany. 

Child – Care. Care proceedings before the court concerned two young children, K, born in 2011, and S, born in 2013. The local authority had issued the proceedings in 2013 following the sudden death of S's identical twin sister L at the age of 16 weeks. Since then, K and S were in foster care with a very high level of parental contact. When she was aged eight months, her mother had taken K to hospital with a swollen head; which turned out to be a fractured skull. There was a fact finding hearing to determine whether the injuries and death were non-accidental. The Family Court held that the grounds for making the care orders did not exist and the local authority's applications had to be dismissed. In consequence, the children would be returned to the care of their parents in a manner to be agreed between the parents and the social workers. 

Building contract – Construction of building contract. The claimant brought proceedings against the defendant contractor for damages for defects and alleged overpayment in respect of work carried out on her country house. In the course of proceedings, the Technology and Construction Court gave a preliminary ruling on the true construction of a clause in a building contract, which provided for any defects to be rectified in a stated rectification period. The court held that an 'appropriate deduction' meant a deduction which was reasonable in all the circumstances and could be calculated by reference to one or more factors. 

Commons – Registration. An application was made to register an area of land as a town or village green. The application was defective and a little over a year passed before a fully compliant application was registered with the defendant local authority. The claimant landowner objected. The High Court judge found that if the corrections were made within a reasonable period then the corrected application would take effect from the filing date and that the relevant application had been perfected within a reasonable opportunity. The Court of Appeal, Civil Division, held that reg 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, SI 2007/457, provided a means for curing deficiencies in an application which did not provide all the statutory particulars, and, once an application was so cured, it was treated as duly made on the date on which the original defective application had been lodged. Further, the question of reasonable opportunity was one for the court, not the registration authority. The appeal was allowed as a reasonable opportunity to file a non-defective application had been exceeded. 

Prison – Prisoner. The claimant remand prisoner sought judicial review of the decision not to temporarily admit her to the mother and baby unit pending the outcome of her trial for attempted murder and wounding with intent and sentence. The Administrative Court, in allowing the application, held that, amongst other things, the procedure adopted by the prison authorities had not complied with the procedural requirements imposed. Accordingly, the decision was wrong as a matter of domestic public law and disproportionate. 

Loan – Loan agreement. In 1997, the first defendant issuer issued a number of notes, which were floating rate commercial mortgage backed securities, as part of a financing structure relating to a total loan of £1,172m. The value of the underlying portfolio dropped and the servicing company sought to sell certain assets to improve the situation. The claimant note trustee issued a CPR Pt 8 claim to determine the best way forward. The Chancery Division held that the offering circular related to the notes could not be viewed as intended to constitute an appointment as defined in a servicing agreement. Further, the servicing agreement provided that the controlling party for the purpose of the service agreement, was to be the issuer. 

European Union – Freedom of establishment. The Court of Justice of the European Union made a preliminary ruling concerning arts 49 and 54 of the Treaty on the Functioning of the European Union (TFEU). The requests had been made in three sets of proceedings concerning the formation of tax entities. 

European Union – Trade marks. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 93(5) of Council Regulation (EC) 40/94 (on the Community trade mark), and of art 5(3) of Council Regulation (EC) 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The request has been made in proceedings between Coty Germany GmbH and First Note Perfumes NV concerning an alleged infringement of a Community trade mark and of the German Law against unfair competition, on account of the sale in Belgium of counterfeit products to a German trader which had resold them in Germany. 

Immigration – Deportation. The claimant Jamaican national had an extensive criminal history of serious offending in the United Kingdom. He sought judicial review of the defendant Secretary of State's decision to certify his case, under s 96 of the Nationality, Immigration and Asylum Act 2002, in the context of her principal decision to refuse to revoke the claimant's deportation order. The Administrative Court, in dismissing the application, held that the Secretary of State had been entitled to take the approach she had to the issue of certification, even in the light of allegedly substantial developments or changes in the law. 

Shipping – Collision. The proceedings arose following a collision between two ships outside Liverpool. Issues arose as to the issuing of the claim form and the joinder of sister ships to the claim. The Admiralty Court made rulings as to, among other things, the application of the Merchant Shipping Act 1995.