Latest Cases

Negligence – Personal injury. The claimant, a 40 year old woman in good health, developed upper leg pain which led to several operations and an eventual amputation. The claimant brought an action in negligence against the relevant NHS Trust. The Queen's Bench Division held that there had been no negligent delay in getting the claimant to theatre. Further there had been no inadequate remedial surgery carried out and finally there had been no negligent advice as to available reconstructive options once necrotising myositis had been overcome, leading to an unnecessary through-knee amputation. 

Practice – Service. Deutsche Bank applied without notice to add V as a party to the proceedings for the purpose of costs only. The Commercial Court, in proceedings concerning Deutsche Bank, held that a previous order granted in favour of the bank to serve V out of the jurisdiction could not stand where, on the facts, there were no grounds for justifying service by alternative means. 

Trust and trustee – Shares in company. The Chancery Division considered a claim brought by one of two employee benefit trusts linked to the company Roadchef. The claimant submitted that a transfer of shares to another employee benefit trust had been void or voidable, and/or that the transfer had been carried out in breach of fiduciary duty and in order to personally benefit H, who was the managing director, chairman and chief executive of Roadchef. The court held that, on the evidence, the transfer had been void, and that H had acted in breach of fiduciary duty. 

Employment – Unfair dismissal. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that the employment tribunal had correctly held that, pursuant to the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011, SI SI 2011/1771 and reg 19(1)(a) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, it had no jurisdiction to hear claims for unfair dismissal, discrimination and breach of contract, in respect of an employee who, at the time of his dismissal had been in service on a vessel under a Singaporean flag. 

Arrest – Unlawful arrest. The claimants issued proceedings against the defendant Metropolitan Police Commissioner for unlawful arrest and assault. The judge dismissed the claims on the grounds that the police had acted on a reasonable belief that the claimants were implicated in a recent burglary, influenced by a collision between the claimants' and police vehicles. The claimants appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that it had been the Commissioner's case that the vehicles had come into contact in a manner which had reasonably fuelled the officers' suspicion that the claimants had been implicated in a recent crime. Further, his findings had been open on the evidence. 

Employment – Worker. The Employment Appeal Tribunal, in dismissing the defendant's appeal against rejection of his claim for unfair dismissal on account of his trade union activities, held that the employment tribunal had not erred in holding, on the facts, that no contract between the claimant and the second respondent end-user had been established. 

Swap agreement – Interest rate swap agreement. The defendant entered two interest rate swaps with an Italian local authority. The claimant entered a third swap with the authority, which the Italian Court of Auditors of the Regional Chamber of Control for Campania found to be an impermissible derivative transaction under a decree. The claimant issued proceedings against the defendant on the basis that the second swap had been void. The Commercial Court, in dismissing the claim, held that the claimant had failed to show that: (i) the decree did not permit restructuring of principal; (ii) the second swap had resulted in an increasing profile; and (iii) there was a premium. 

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. 

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by Bial-Portela & Ca SA (Portela), against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case R 1925/2010‑4) concerning opposition proceedings between Portela and Probiotical SpA (Probiotical) regarding Probiotical's application to register a figurative sign 'PROBIAL Bial' as a Community trade mark. 

Insolvency – Voluntary arrangement. In considering the claimants' appeal in respect of whether they were bound by the terms of a varied individual voluntary arrangement approved at a further creditors' meeting at which they had not voted, the Court of Appeal, Civil Division, held that the reference to 'further meetings' in s 262(4)(b) was a reference to further meetings under s 257 of the Insolvency Act 1986. The creditors for the purpose of the further meetings were those known to the nominee at the date on which those meetings were summoned. Accordingly, the statutory binding under s 260 of the 1986 Act had applied and the claimants were bound by the terms of the IVA in relation to their original debt and the costs due.