Latest Cases

European Union – Public procurement. The Court of Justice of the European Union ruled that national legislation, such as that at issue in the main proceedings, which imposed on companies classified as attestation organisations minimum tariffs for certification services offered to undertakings seeking to participate in procedures for the award of public works contracts, constituted a restriction of the freedom of establishment within the meaning of art 49 of the Treaty on the Functioning of the European Union. However, such legislation was suitable for attaining the objective of protecting the recipients of those services. It was for the referring court to determine whether, in the light of, inter alia, the method of calculating the minimum tariffs, particularly in the light of the number of categories of work for which the certificate was drawn up, that national legislation went beyond what was necessary to attain that objective. 

Insurance – Reinsurance. The case concerned defendant insurance companies who had agreed to reinsure the claimant insurance company for a 50% share in respect of insurance provided by the claimant under a policy. The Court of Appeal, Civil Division, dealt with two preliminary issues concerning the interpretation of the policy and in dismissing the appeal of the claimant upheld an earlier decision. 

Employment – Contract of service. The Employment Appeal Tribunal (the EAT) allowed the employer's appeal and struck out all the employees' claims for breach of contract in relation to a Living Away From Home Allowance. The EAT held that the tribunal judge had been bound by the case of Qantas Cabin Crew (UK) Ltd v Lopez and anor[2013]All ER (D) 32 (Mar)which he had declined to follow. 

Sentencing – Calculation of sentence – Curfew condition. High Court of Justiciary: Refusing appeals against sentence by two appellants who argued that credit should have been given for periods during which they were subject to curfew orders, the court held that in an appropriate case a court of first instance might justifiably regard the existence of a prolonged restrictive curfew having particular effects on a person as a mitigatory factor to which it could have regard in selecting the appropriate sentence, but the circumstances would have to be exceptional and in these two cases there was nothing of an exceptional nature. 

European Union – Jurisdiction. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 71 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 Nipponkoa Insurance Co. (Europe) Ltd and Inter-Zuid Transport BV concerning the payment of €500,000 compensation for damage suffered as a result of an international transport of goods by road. 

Extradition – Extradition order. The appellant's extradition to Sweden was ordered in response to an accusation European Arrest warrant alleging gross abduction of her children. She appealed, relying principally on the infringement of her children's rights under art 8 of the European Convention on Human Rights. The Divisional Court, in dismissing the appeal, held that the interference with the rights of the children under art 8 of the Convention in the circumstances was exacerbated by the appellant's actions and not her prospective extradition. 

Town and country planning – Grant of permission for development. The Administrative Court dismissed the claimant's application for judicial review of the defendant local authority's decision to grant planning permission to the interested party dismissing the claimant's allegation that in coming to the decision the planning committee had taken into consideration irrelevant considerations. 

Company – Insolvency. The administrators of 14 companies in the Lehman Brothers group (the applicants) applied for directions as to the potential liabilities of those companies to make payments to or for the benefit of the Lehman Brothers pension scheme. The Commercial Court held that, on the true construction of the relevant provisions of the Pension Act 2004, contribution notices might be issued under s 47 of the Act to more than one qualifying target which, in aggregate, specified a sum in excess of the maximum shortfall sum, as defined in s 48(2) of the Act and there might be recovered, under such contribution notices an aggregate sum in excess of the shortfall sum. 

Town and Country Planning – Planning Permission. The Administrative Court dismissed the claimant's application for judicial review of the defendant local authority's decision to grant planning permission for a number of wind turbines. The authority's decision had been lawful. 

Will – Husband of deceased being granted letter of administration in respect of deceased's estate. The claimant sought revocation of an existing grant of letters of administration to the deceased's husband in respect of a deceased's estate, on the ground that the deceased had not died intestate, but that she had previously made a will in Mumbai. The Chancery Division, in dismissing claimant's claim, held that, on the evidence, the deceased had not signed the will and the signature on the document had been forged.