Latest Cases

Town and country planning – Permission for development. The defendant local authority granted the interested party planning permission for a steel framed livestock building, a temporary caravan and associated development. The claimants sought an order quashing the grant of planning permission. The Administrative Court, in dismissing the application, found one technical breach by the failure to explain the reasons for the decision, but found no prejudice as a result. All other grounds of challenge similarly failed. 

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. 

Practice – Striking out. The claimant brought a large number of claims at the employment tribunal against her former employer and individuals connected to it. She also brought proceedings in the High Court. She discontinued the remaining employment tribunal cases so as to concentrate on the High Court proceedings. The defendants applied to strike out the proceedings. The Queen's Bench Division held that the remaining proceedings constituted an abuse of process, and allowed the application to strike out. 

European Union – Environment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 2(2) of Directive (EC) 2003/4 of the European Parliament and of the Council (on public access to environmental information) and repealing Council Directive (EEC) 90/313. The request had been made in proceedings between, on the one hand, Fish Legal and Mrs Shirley and, on the other, the United Kingdom Information Commissioner and United Utilities Water and other water companies relating to the refusal by those companies of requests made by Fish Legal and Mrs Shirley for access to certain information relating to sewerage and water supply. 

Solemn procedure – Judge's charge – Concert. High Court of Justiciary: Allowing an appeal against conviction by an appellant (the second accused) who was charged, together with three co-accused, with murder, and convicted of murder along with the first accused, the court upheld an argument that in giving directions in relation to the appellant and first accused on the assumption that the jury accepted they were involved in a concerted attack, the trial judge had in the appellant's case wrongly excluded from the jury's consideration a verdict of culpable homicide in circumstances where they decided to return a verdict of murder against the first accused. 

Animal – Dog. The Court of Appeal, Criminal Division, allowed the defendant's appeal against his conviction under s 3(1) and (4) of the Dangerous Dogs Act 1991 as the judge had not directed the jury to consider a relevant issue and, accordingly, the conviction could not be said to be safe. 

Practice – Pre-trial or post-judgment relief. The claimants alleged that they had been induced, by the first defendant, into entering into a funding arrangement in respect of the purchase of season tickets for matches played by Rangers football club. A master granted summary judgment in favour of the claimants. The Chancery Division, in dismissing W's appeal, held that, on the facts, the master had been entitled to find that the defendant had no real prospect of successfully defending the claim. 

Contract – Construction. The Commercial Court held that a restructuring swap entered into between the parties had been binding; the defendant's contention that it had not been because a condition precedent had not been satisfied would be rejected.