Judgment Call: 12 November 2012
12 November 2012
Update: joint ownership of property — a round-up of the major decisions in the wake of Jones v Kernott
21 March 2014
21 May 2014
26 March 2014
28 August 2014
19 March 2014
Walton v Scottish Ministers  UKSC 44. Lord Hope JSC (deputy president); Lord Kerr, JSC; Lord Dyson JSC; Lord Reed JSC; Lord Carnwath JSC.
17 October 2012
Where Scottish ministers took responsibility for the construction of a city bypass and revised the scheme to include an extra link of road, that revision was a modification to a “project” within the scope of Directive 85/337, rather than a modification to a “plan” or “programme” for the purposes of Directive 2001/42.
The court clarified the law relating to an individual’s standing to challenge administrative decisions concerning the environment.
For the appellant Walton at first stage
Terra Firma Chambers’ Stuart Gale QC; Ampersand Stable’s Jane Munro; Patrick Campbell & Co partner Frances McCartney
For the appellant Walton at second stage
Ampersand’s Aidan O’Neill QC; Hastie’s Chris Pirie; Patrick Campbell & Co partner Frances McCartney
For the respondents Scottish Ministers
Axiom Advocates’ James Mure QC; Murray Stable’s Lorna Drummond QC; Scottish Government Legal Directorate
Smith v Ministry of Defence.  EWCA Civ 1365. Lord Neuberger (MR); Moses LJ; Rimer LJ. 19 October 2012
The Ministry of Defence (MoD) owed a common law duty of care to members of the armed forces, which included a duty to provide safe systems of work and safe equipment.
The Court of Appeal therefore refused to strike out claims of negligence against the MoD by the families of servicemen killed in Iraq and Basra. The issue of whether combat immunity applied was to be determined at trial.
For the appellant (1) Susan Smith (on her own behalf and as administrator of The Estate of Philip Hewett, Deceased); (2) Colin Redpath (on his own behalf and as Executor of the Will of Kirk James Redpath, Deceased); (3) & (4) Will of Kirk James Redpath,Deceased); appellant/respondent Courtney Ellis (a Child) by her Litigation Friend Karla Ellis
Devereux Chambers’ Robert Weir QC to lead Matrix Chambers’ Jessica Simor instructed by Hodge Jones & Allen partner Jocelyn Cockburn
For the respondents Deborah Allbutt Daniel Twiddy Andrew Julien
Matrix Chambers’ Richard Hermer QC; Doughty Street Chambers’ Ben Silverstone; Leigh Day & Co Solicitors Shubhaa Srinivasan
For the respondent/appellant MoD
Blackstone Chambers’ James Eadie QC; Sarah Moore; 11KBW’s Karen Steyn instructed directly by the Treasury Solicitor
Braithwaite v Secretary of State for Communities and Local Government.  EWHC 2835 (Admin). Kenneth Parker J. 18 October 2012
A local housing authority had been entitled to make a compulsory purchase order in respect of a property which had been only sporadically and intermittently occupied over a 10-year period such as to constitute an “empty property” for the purposes of the Housing Act 1985 s.17.
For the claimant Braithwaite
5 St Andrew’s Hill Roger Bartlett; Irwin Mitchell solicitor Matthew Wayman
For the defendant Secretary of State for Communities and Local Government
Landmark Chambers’ David Forsdick instructed directly by the Treasury Solicitor
Systech International Ltd v PC Harrington Contractors Ltd.  EWCA Civ 1371 Davis LJ; Lord Neuberger (MR); Treacy LJ. 23 October 2012
An adjudicator was not entitled to recover the fees which he had incurred in an adjudication governed by the Scheme for Construction Contracts (England and Wales) Regulations 1998 because he had breached the rules of natural justice in reaching his decision, which was unenforceable.
For the appellant PC Harrington Contractors Ltd
4 Pump Court’s James Bowling; Speechly Bircham solicitor Michael O’Connor
For the respondent Systech International Ltd
Atkin Chambers’ Dominique Rawley QC; Systech Solicitors partner Julian Ives
Astrazeneca AB v Comptroller-General of Patents, Design and Trade Marks.  EWHC 2840 (Pat). Arnold J. 19 October 2012
The High Court referred questions to the European Court of Justice concerning the duration of supplementary protection certificates under Regulation 469/2009 art.13 and whether a Swiss marketing authorisation, automatically recognised by Liechtenstein, was capable of constituting the “first authorisation” to place a product on the market for the purposes of art.13(1).
Questions referred to ECJ
For the appellant Astrazeneca AB
Brick Court Chambers’ Mark Hoskins QC; Brick Court Chambers’ Kelyn Bacon; Bristows partner Marie Manley
For the respondent Comptroller-General of Patents, Design and Trade Marks
8 New Square’s Charlotte May instructed directly by the Treasury Solicitor
BCL Old Co Ltd v BASF SE (formerly BASF AG).  UKSC 45. Lord Clarke JS.C; Lord Mance JSC. Lord Phillips JSC; Lord Walker JSC; Lord Wilson JSC. 24 October 2012
The statutory limitation period for a claim for damages under the Competition Act 1998 s.47A and the Competition Appeal Tribunal Rules 2003 r.31 was sufficiently clear, precise and foreseeable and did not breach European principles of effectiveness and legal certainty.
For the appellant BCL Old Co Ltd & Ors
Christopher Vajda QC formerly of Monckton Chambers; Monckton Chambers’ Laura Elizabeth John; Taylor Vinters
For the respondents BASF plc & Ors
Brick Court Chambers’ Mark Brealey QC; Brick Court Chambers’ Sarah Ford; Mayer Brown International partner Miles Robinson and Gillian Sproul