Latest Cases

Damages – Personal injury. The claimant sustained an injury whilst working in a hospice run by the defendant National Health Service Trust. The injury worsened to the point where the claimant had to give up work. The claimant brought an action in personal injury against the defendant for damages. The defendant did not deny the accident but denied that the accident had caused the severity of the claimant's injuries. It suggested that the claimant was a malingerer or unduly weak. The Queen's Bench Division held that the claimant's injuries were genuine and she was entitled to a total award of £765,992. 

Negligence – Duty to take care. The claimants were both victims of the 'black cab rapist'. They brought complaints against the police for the manner in which they had handled their specific allegations and the conduct of the investigation as a whole. The claims were brought under the Human Rights Act 1998. The Queen's Bench Division held that there was, in certain circumstances, a duty imposed upon the police to conduct investigations into particularly severe violent acts perpetrated by private parties in a timely and efficient manner. The conditions laid down in law pursuant to which the police might be liable were relatively stringent, however in the instant case those conditions had been met. 

Wales – Welsh language. National Savings and Investments decided to withdraw its Welsh language scheme. In judicial review proceedings, the Divisional Court held that NS&I had had the power to revoke the scheme. However, the Welsh Language Commissioner had had a legitimate expectation that the defendant would not make any changes to the scheme before consulting her and the consultation that had taken place had fallen short of that expectation. NS&I's decision had, therefore, been unlawful. 

Damages – Quantum – Loss of society. Court of Session: In an action by the family of a 25-year-old man who was fatally injured when hit by a car driven by the defenders' insured on a pedestrian crossing, seeking damages for loss of society, the court awarded £42,000 to each of the deceased's parents, and £22,500 to his older brother. 

Immigration – Asylum seeker. The claimant Jordanian national sought judicial review of a decision by the second defendant Upper Tribunal (Asylum and Immigration Chamber) (UT) to refuse him permission to appeal against the decision of the First-tier Tribunal (Asylum and Immigration Chamber) (FTT) to dismiss his appeal against the first defendant Secretary of State's decision to refuse his claim for asylum. Allowing the claim and quashing the UT's decision, the Administrative Court held that the UT had erred in law in its analysis of the FTT's decision. 

Road traffic – Traffic sign. The Administrative Court dismissed the claimant's application for judicial review of the decisions upholding the issue of a penalty charge notice for performing a prohibited 'U turn' following the execution of a three point turn by the claimant. 

Insolvency – Agent. D&D company acted as the sole agent and distributor of the respondent company, AP. D&D went into administration and AP terminated its agency and distribution agreement (ADA) with D&D. After the ADA had been terminated, third party customers paid D&D the purchase price of goods sold and delivered during D&D's agency and distributorship (the sum). The judge ordered that the sum should be paid to AP in its entirety and the appellant liquidators of D&D appealed. Allowing the appeal, the Court of Appeal, Civil Division, held that, under the terms of the ADA, D&D had remained entitled to collect what had been due from customers in respect of goods ordered and delivered prior to termination and the money had therefore been payable under the ADA to the liquidators. 

Practice – Preliminary point of law. In the course of proceedings, the defendant companies made an application for an issue of ex turpi causa to be determined as a preliminary issue. The Chancery Division, in dismissing the application, held that, in all the circumstances, it would not be just and would not serve the overriding objective to order the issue of ex turpi causa to be tried as a preliminary issue. 

Club – Registered club. In the course of a dispute about the management of a working men's club, the claimant sought orders, including as to the validity of a meeting electing club officers. The judge held the meeting was valid, despite failure to comply with the club rules. The Court of Appeal, in allowing the appeal, held that the meeting had not been validly convened and the business purportedly transacted at it had been ineffective, as the irregularities had not been mere matters of form. 

Family proceedings – Orders in family proceedings. The husband maintained that the wife was debarred from proceeding by virtue of an agreement to mediate made in November 2011. The wife disputed that. She maintained that the court could not force or coerce her to mediate, whatever she might have agreed. Following consideration of alternative dispute resolution in the civil field and ADR in the family sphere (FDR) as governed by the Family Procedure Rules 2010, the Family Division held that the parties remained bound by their agreement to mediate, however, it could not be given effect so as to prevent the wife from applying for enforcement until and unless mediation had taken place. A bar of that nature would operate as a restriction on the right to apply to the court. The most that could be done in balancing the obligation to mediate under the agreement and the right of access to justice was for an adjournment to be ordered for a specified period to give the parties a final opportunity to engage in ADR.