Latest Cases

Easement – Right of way. The claimants issued proceedings alleging interference with their of a right of way over the defendant's property. The trial judge granted a declaration defining the right of way, damages and ordered the defendant to pay the claimants' costs of an interim injunction, amended particulars of claim and trial. In dismissing the appeal in part, the Court of Appeal, Civil Division, held that the judge had not erred in holding that the defendant had substantially interfered with the reasonable use of the right of way. In relation to costs, the trial judge had not erred in ordering the defendant to pay the claimants' costs, but he had erred in ordering the defendant to pay the costs of the amended particulars of claim and the claimants' interim injunction. 

Education – Higher education. The defendant University College London (UCL) rejected the claimant's application for admission to its Masters of Laws program. He issued proceedings under the Equality Act 2010 for UCL's failure to make reasonable adjustments and disability discrimination. UCL made summary judgment and strike out applications. The Central London County Court held that UCL had no duty on UCL to make reasonable adjustments so that the claimant had no reasonable grounds for bringing that claim, nor real prospect of succeeding. However, summary judgment and strike out would be refused with respect to his disability discrimination claim in the light of the considerations the court had to consider. 

Mental health – Admission of patient to hospital. The applicant NHS trust applied to the obtain a caesarean section delivery of the respondent's baby against her will. The respondent was a patient detained under the Mental Health Act 1983. The Family division held that it would make an interim order to that effect given the likelihood of serious ill health if the operation did not proceed, the small risks of the general anaesthetic and the fact of a scar were very significantly outweighed by the advantages to both mother and unborn baby of proceeding in that way. 

Trade mark – Infringement. The Chancery Division held that the defendant department store retailer, House of Fraser, had taken unfair advantage of the reputation of the claimant's trade marks. Taking account of all factors, there was a likelihood of confusion on the part of the average consumer between the trade marks and a logo used by House of Fraser. It followed that the trade marks were infringed. 

Human rights – Fair trial. The European Court of Human Rights ruled that the inability of four men to bring torture compensation claims against Saudi Arabia in the United Kingdom courts did not breach the right to a fair trial under art 6(1) of the European Convention on Human Rights. 

Income tax – Deduction in computing profits. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by the taxpayer geriatrician against a decision of the First-tier Tribunal (Tax and Chancery Chamber) (FTT) in which the FTT had decided that certain travel expenses claimed by the taxpayer in respect of his private practice as a self-employed medical practitioner were not deductible. The tribunal took the view that those non-deductible travel expenses had not been 'wholly and exclusively' incurred for the purposes of the taxpayer's private practice as required by s 34 of the Income Tax (Trading and Other Income) Act 2005. 

Employment – Remuneration. The employee brought proceedings for alleged unpaid wages. That claim was dismissed, and she appealed. Abusive and threatening emails were sent to the employer and its representatives on the employee's behalf. The employee withdrew her appeal two weeks prior to the hearing, and the employer sought a costs order. The Employment Appeal Tribunal held that, in the circumstances, the employee's appeal had had no prospect of success, and that it would be appropriate to make the costs order sought by the employer. 

Evidence – Admissibility. The Court of Appeal, Criminal Division dismissed a number of appeals against conviction and sentence for firearm, riot, and arson offences which occurred as a result of public disorder in August 2011. The offences in question centred on an incident where a pub was set alight, causing police to attend the scene who were subsequently fired upon with a number of firearms, including a police helicopter. The convictions were safe and the sentences imposed were not too long or manifestly excessive in the circumstances. 

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. 

Practice – Pre-trial or post-judgment relief. In a personal injury claim brought against a cosmetic surgeon who resided and worked in Italy but who carried out an allegedly negligent procedure at a clinic in London, the Court of Appeal, Civil Division held that the claim form had not been validly served at his place of business as he was not sued as an individual in a business name and he should in any event have been served in Italy.