Latest Cases

Building contract – Adjudication. The Technology and Construction Court considered a dispute in a building contract, revolving around the refusal of the defendant building contractor to sign a novation agreement in the course of development work. The claimant company appealed against the decision of an adjudicator. In dismissing that appeal, the court held, among other things, that the novation agreement had not been properly executed and would not be considered binding. 

Costs – Order for costs. A group litigation was brought by shareholders of the Royal Bank of Scotland in respect of the rights issue of its shares, which offered shareholders the opportunity of buying new shares at a discount to the current trading price. Following case management hearings, the Chancery Division considered whether costs sharing orders were to be made and the terms on which they ought to be made. 

Land registration – Rectification of register. The Chancery Division held that a bank was entitled to seek rectification of a deed where, on the facts, there had been a common continuing intention that a proposed loan would be secured against a first fixed legal charge against the whole of a property. A declaration was granted that the discharge of the charges against the titles constituting the property had been procured by a forged instrument. 

European Union – Copyright. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 3(1) of Directive (EC) 2001/29 of the European Parliament and of the Council of 22 May 2001 (on the harmonisation of certain aspects of copyright and related rights in the information society). The request had been made in proceedings between certain journalists and Retriever Sverige AB concerning compensation allegedly payable to the journalists for the harm they considered they had suffered as a result of the inclusion on that company's website of clickable Internet links (hyperlinks) redirecting users to press articles in which the journalists held the copyright. 

European Union – Freedom of movement. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Council Regulation (EC) 1383/2003, art 4(1) of Directive (EC) 2001/29 of the European Parliament and of the Council, art 5(1) and (3) of Directive (EC) 2008/95, and art 9(1) and (2) of Council Regulation (EC) 207/2009. The request had been made in proceedings brought by Rolex SA and Manufacture des Montres Rolex SA against Mr Blomqvist concerning the destruction of a counterfeit watch which Mr Blomqvist had bought through a Chinese online sales website and which had been seized by the customs authorities. 

Limitation – Availability of limitation defence. The claimant brought a claim against the defendants for damages for fraudulent representations by the first defendant in relation to a tax reduction scheme concerning films. The trial judge held that the defendant had made a number of specific fraudulent representations to the claimant and that the claimant could rely on s 32(1) of the Limitation Act 1980 (as amended) to extend the limitation period. On appeal, the Court of Appeal, Civil Division, after clarifying the test for limitation held that, on the facts the claimant had proved his limitation point and the appeal would be dismissed. 

Costs – Security for costs. The Commercial Court held that, notwithstanding the difficulties that the claimants were experiencing in complying with a previous order for security for costs, their assets had to be realised in the face of that order. In those circumstances, an unless order was made, providing that, if the claimants failed to comply by 31 January 2014, their claim would be struck out. 

Easement – Right of way. The defendants were successors in title to a plot of land sold by the claimants. The original transfer included an express right of way over land forming part of the claimants' property. When the defendant encroached on the land in order to connect utilities for a modern dwelling house, the claimants sought an injunction and damages. The trial judge dismissed their claim on the basis that there had been an inferred intention that the building plot should have connections to the utilities and that rights of access that had already been granted that could be used for the purposes of putting in those connections. The claimants appealed. The Court of Appeal, Civil Division held that applying established law, the express provisions of the original transfer had not excluded the implied easement which the trial judge had held to exist. 

Arbitration – Award. The claimant brought an application under s 68 of the Arbitration Act 1968 claiming that there had been a serious procedural irregularity in the arbitral award made. The Technology and Construction Court held that a tribunal generally had a discretion as to whether it determined that alternative case if it found that the primary case was established and on that basis there had not been a serious irregularity affecting the proceedings or the award within the meaning of ss 68(2)(a), (c) or (d) of the Act. 

Bankruptcy – Trustee in bankruptcy. The Chancery Division, Bankruptcy Court, set aside a deputy registrar's decision: (i) dismissing a former bankrupt's application for the annulment of his bankruptcy; and (ii) granting the trustee in bankruptcy's application that he and his predecessor be remunerated by reference to the time properly given by them and their staff in attending to matters arising in the bankruptcy where the deputy registrar had failed to apply settled law and the relevant Practice Direction in considering those applications.