Latest Cases

Landlord and tenant – Rent. The claimant appealed against the refusal to set aside a possession order for rent arrears. The judge held that the notice under s 8 of the Housing Act 2004 had been valid and that there had been no power to set aside the possession order made in the presence of both parties, such that a formal application for permission to appeal was required. The claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the notice had not been defective, as it had given the claimant sufficient notice to enable her to claim that the rent had not been lawfully due. Further, the order for a formal application for permission to appeal had been beyond reproach. 

Contract – Breach of contract. The parties entered into a contract whereby the claimant provided exhibition contractor management services to the defendant for a travel catering show for a period of five years. Four months after signing the contract, the defendant sold the trade show to a third party. The claimant brought a claim for breach of contract. The Commercial Court, in allowing the claim, held that, on the proper construction of the contract, a clause exempting the defendant from liability where there were unforeseen circumstances, which led to the trade show being cancelled or not taking place, did not apply. 

Personal Injury. The Claimant, a pedestrian, sustained soft tissue injuries to the chest wall and the right knee, and consequential psychological symptoms, including a fear of crossing the road, after being struck by a vehicle. She was awarded damages of £4,500 for pain suffering and loss of amenity. 

Personal Injury. The Claimant was struck on the head by the wing mirror of a bus operated by the Defendant. She was awarded damages of £2,773 including £2,700 for pain suffering and loss of amenity. 

European Union – Jurisdiction. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 3(1) of Council Regulation (EC) 1346/2000 (on insolvency proceedings). The request had been made in the context of a dispute between Mr Schmid, acting as liquidator of the assets of Ms Zimmermann and Ms Hertel, who was resident in Switzerland, concerning an action to set a transaction aside. 

Confidential information – Injunction against disclosure of information. The claimants were granted injunctions, restraining the defendants using their confidential information. The defendants appealed on the basis that the parties' confidentiality agreement did not continue once a subcontract had been entered and that damages were an adequate remedy. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had correctly found that the confidentiality agreement continued after the subcontract and that the relief granted had been a matter within the discretion of the judge with which the court would not interfere. 

European Union – Jurisdiction. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation 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 had been made in proceedings between Mr Kainz, who was resident in Salzburg (Austria), and Pantherwerke AG, the registered office of which was in Germany, concerning a claim for damages on the basis of liability for a defective product brought by Mr Kainz following an accident which he had suffered, in Germany, while riding a bicycle manufactured in that member state by Pantherwerke AG but purchased from a retailer in Austria. 

Mental health – Patient. The respondent was a patient under the Mental Health Act 1983. The NHS Trust responsible for the respondent applied to applied, pursuant to the 1983 Act (as amended), seeking authorisation and treatment of P's rectal bleeding. The Court of Protection found that the respondent did not have capacity and further the treatment was in his best interests. 

Unincorporated association – Dissolution. The Chancery Division considered an application by the trustees of the Graphic Reproduction Federation, who sought a declaration that the federation had been spontaneously dissolved at some stage between 1987 and the present day, or, alternatively, an order dissolving the federation pursuant to the court's inherent jurisdiction. The court held that, although the federation had not been dissolved, it was appropriate to make an order dissolving it. 

Town and country planning – Planning permission. The Administrative Court allowed the claimant developer's application for judicial review of the defendant local authority's decision not to determine an application for planning permission pursuant to s 70A of the Town and Country Planning Act 1990 as the authority had failed to consider part of the relevant guidance.