Judgment call: 30 January 2012

The court granted an order for possession of land occupied by protesters outside St Paul’s Cathedral and orders for declaratory and injunctive relief.

Civil procedure

City of London v Samede (2012) EWHC 34. Queen’s Bench Division. Lindblom, J.

18 January 2012

 The extent and duration of the obstruction of the highway, and the public nuisance inherent in that obstruction, warranted such orders and any interference with the protesters’ rights under the European Convention on Human Rights 1950 art.10 and art.11 was entirely lawful, necessary and proportionate.

Judgment for claimant

For the claimant

Landmark Chambers’ David Forsdick and Zoe Leventhal;

City of London Corporation City solicitor and comptroller Andrew Colvin

For the defendants

25 Bedford Row’s John Cooper QC; Garden Court Chambers’ Michael Paget; Kaim Todner partner Karen Todner

VAT

Wakefield College v Revenue and Customs Commissioners (2011) UKUT 495. Upper Tribunal (Tax and Chancery). Arnold, J.

20 December 2011

 

When considering whether a charity’s construction of a new building was zero-rated under the Value Added Tax Act 1994 Sch.8 Group 5, item 2, business use of the building could be ignored if it was de minimis.

Appeal allowed

For the appellant

Pump Court Tax Chambers’ Kevin Prosser QC, instructed directly by Deloitte

For the respondents

St Philips Chambers’ James Puzey, instructed directly by the HMRC Solicitors’ Office

Public procurement

JBW Group Ltd v Ministry of Justice (2012) EWCA Civ 8. Court of Appeal (Civil Division). Lord Neuberger (MR); Kitchin, LJ; Elias, LJ.

16 January 2012

 

Contracts to provide bailiff services to magistrates’ courts were service concession contracts to which the Public Contracts Regulations 2006 did not apply.

Appeal dismissed

For the appellant

3 Hare Court’s Peter Knox QC; St John Legal partner Keith Lobo

For the respondent

Monckton’s Christopher Vajda QC and 11KBW’s Jason Coppel, instructed by Treasury Solicitor

 

Restitution

Armstrong DLW GmbH v Winnington Networks Ltd (2012) EWHC 10. Chancery Division. Stephen Morris QC.

11 January 2012

 

A trader in carbon emission allowances was liable for knowing receipt of trust property or in restitution where it had bought allowances knowing the vendor might not have title to or authority to sell them but went ahead with the transaction, deliberately closing its eyes to that risk and failing to make the inquiries that an honest and reasonable person would have made.

Judgment for claimant

For the claimant

3 Stone Buildings’ Luke Harris; Stephenson Harwood partner Roland Foorde

For the defendant

Serle Court’s Victor Joffe QC; Myers & Sons director Dermot Callinan

Legal funding

Lord Chancellor v Ian Henery Solicitors Ltd (2011) EWHC 3246, 18 January 2012. Queen’s Bench Division. Spencer, J.

8 December 2011

In determining whether a case had proceeded to trial for the purposes of the graduated fee scheme created by the Criminal Defence Service (Funding) Order 2007, the swearing of the jury was not the conclusive factor.

The key issue was whether the trial had commenced in a meaningful sense.

Appeal allowed

For the appellant

4-5 Gray’s Inn Square’s David Bedenham, instructed directly by The Treasury Solicitor

For the respondent

The respondent did not appear and was not represented

Insolvency

Horler v Rubin (2012) EWCA Civ 4. Court of Appeal (Civil Division). Mummery, LJ; Lewison, LJ; Jackson, LJ. 18 January 2012

A proxy sent to a creditors’ meeting on behalf of his principal had actual authority by virtue of the Insolvency Rules 1986 r.8.1 and r.8.3(6) to make whatever decision he thought fit concerning proposed resolutions, unless his authority was restricted by his principal.

Appeal allowed

For the 1st, 2nd and 4th appellants

Radcliffe Chambers’ Keith Rowley QC and Peter Dodge; Morgan Cole partner Paul Caldicott

For the respondent

3 Stone Buildings’ Robert Hantusch Berrymans Lace Mawer partner

Tim Smith

Civil evidence

Charnock v Rowan (2012) EWCA Civ 2. Court of Appeal (Civil Division). Gross, LJ; Sir Stephen Sedley; Mann, J. 20 January 2012

 

Requiring notice from a party that it intended to place reliance on hearsay evidence contained in a court bundle was undesirable. In straightforward litigation the best option might be to ensure the opposing case was properly pleaded and then the obligation would lie on each party’s lawyers to go through the agreed documents with the client or witness and take instructions

on any relevant discrepant hearsay evidence.

Appeal dismissed

For the appellant

Deans Court’s Mark Turner QC and Paul Higgins; Horwich Farrelly partner Ronan McCann

For the 1st to 8th respondents

12 King’s Bench Walk’s Frank Burton QC and Oriel Chambers’ John Gruffydd; E Rex Makin & Co solicitor Richard Edwards

For the 9th to 10th respondent

7 Harrington Street Chambers’ Kevin Grice; Goodmans Law associate Mathew Thomas

Negligence

Padden v Bevan Ashford Solicitors (2011) EWCA Civ 1616 Times, 17 January 2012. Court of Appeal (Civil Division). Lord Neuberger (MR); Sullivan, LJ; Hughes, LJ. 21 December 2011

 

A judge had been wrong to find that a solicitor had no case to answer on a professional negligence claim. The claimant’s evidence pointed to the conclusion that proper advice had not been given, and the matter would have to be re-tried before a different judge.

Appeal allowed

For the appellant

13KBW’s Richard Owen-Thomas; Samuels Solicitors solicitor Judith Thompson

For the respondents

1 Chancery Lane’s Karen Shuman