Judgment call: 9 April 2012
The European Convention on Human Rights 1950 art.10 had no application to a case involving a journalist’s application to the Charity Commission for the disclosure of information concerning an inquiry it had conducted, and the Freedom of Information Act 2000 s.32(2) did not have to be read down to give effect to it.
Christopher Nugee
Human rights
Appeal allowed; cross-appeal allowed
For the appellant Kennedy
4-5 Gray’s Inn Square’s Philip Coppel QC and Andrew Sharland; Bates Wells & Braithwaite partner Rupert Earle
For the respondent Charity Commission
5 Essex Court’s Jason Beer QC; 11KBW’s Rachel Kamm; instructed directly
For the first intervener the Information Commissioner
11KBW’s Ben Hooper; instructed directly
For the second intervener the Secretary of State for Justice
11KBW’s Karen Steyn; instructed by the Treasury Solicitor
Pensions
Under the Occupational Pension Schemes (Employer Debt) Regulations 2005 reg.5, the time at which both a pension scheme’s assets and the cost of the notional acquisition of annuities in the market to match its liabilities were to be assessed was the date of the event that triggered the application of the Pensions Act 1995 s.75.Declaration granted in favour of defendant
For the claimant BESTrustees
Wilberforce Chambers’ Christopher Nugee QC; Pinsent Masons solicitor Charlotte Scholes
For the defendant Kaupthing Singer & Friedlander
Wilberforce Chambers’ Jonathan Hilliard; Freshfields Bruckhaus Deringer solicitor Alexandra Fricke
Banking and finance
A tortious duty of care could not be implied into the relationship between an investment fund trading in derivatives and its clearing broker in circumstances where the broker had exercised its right to conduct a forced close-out of the fund’s portfolio owing to non-payment of a margin call. Similarly, it was not appropriate to imply a term pursuant to the Supply of Goods and Services Act 1982 s.13 that the broker would conduct the close-out using reasonable care and to a suitably professional standard.
Judgment for defendant
For the claimant Euroption Strategic Fund
4 Stone Buildings’ Sharif Shivji; Stewarts Law partner Sean Upson
For the defendant Skandinaviska Enskilda Banken
One Essex Court’s Daniel Toledano QC and Sam O’Leary; Clifford Chance lawyer Martin Power
Civil procedure
Legal professional privilege and legal advice privilege did not attach to correspondence to and from a company which had provided claims and project-handling advice in connection with a construction project.
Application granted
For the claimant Walter Lilly
4 Pump Court’s Sean Brannigan QC; 4 New Square’s Annaliese Day (now QC); RPC partner Ron Nobbs
For the defendant Mackay
4 New Square’s David Sears QC; Atkin Chambers’ Serena Cheng and David Johnson; Nabarros partner Steven Williams
Defamation
The Supreme Court considered the elements necessary for a successful claim of Reynolds privilege in a defamation claim, in particular whether it was in the public interest to report allegations of police corruption while an investigation was ongoing, and the steps that a reasonable journalist should take to verify the information.
Appeal allowed in part
For the appellant Times Newspapers
One Brick Court’s Richard Rampton QC and Kate Wilson; Doughty Street’s Heather Rogers QC; instructed directly by Times Newspapers
For the respondent Flood
5RB’s James Price QC and William Bennett; Edwin Coe partner Nick Neocleous
IP
It was not appropriate to revoke a patent relating to medical treatment where it did not lack novelty, it had involved an inventive step and the patent claim had been sufficient. Consideration of whether it had been “obvious to try” was still relevant but it was the invention which had to be obvious to try and, in a use case, the expectation of success had to be sufficient to induce the skilled person to use the invention.
Judgment for defendant
For the claimant Regeneron Pharmaceuticals
Three New Square’s Andrew Waugh QC and Thomas Mitcheson; Simmons & Simmons managing associate Scott Parker
For the claimant Bayer Pharma
8 New Square’s Richard Meade QC and Mark Chacksfield; Bird & Bird partner Trevor Cook
For the defendant Genentech
8 New Square’s Michael Tappin QC and Isabel Jamal; Marks & Clerk partner Mike Gilbert
Planning
When granting outline planning permission for the development of an out-of-town superstore, the local planning authority had properly interpreted and applied one of the policies in the development plan.
Appeal dismissed
For the appellant Tesco Stores
No 5 Chambers’ Martin Kingston QC; Ampersand Stable’s Jane Munro; Semple Fraser partner Kenneth Carruthers
For the respondent Dundee City Council
Terra Firma Chambers’ Douglas Armstrong QC; Cornerstone Barristers James Findlay QC; Gillespie Macandrew consultant Keith McFarlane
For interveners Asda Stores and MacDonald Estates Group
Ampersand Stable’s Malcolm Thomson QC; Axiom Advocates Kenny McBrearty; Brodies partner Joyce Cullen
IP
In a claim by copyright owners for Norwich Pharmacal relief against an internet service provider, where the copyright owners suspected peer-to-peer file sharing of their material, the court acknowledged companies’ rights to seek redress for infringement, but insisted that any claim letters or “speculative invoices” sent to customers whose details were released had to safeguard their interests. The court had to carefully consider the terms of a draft letter, and guidance was given regarding content.
Judgment for claimants in part
For the claimant Golden Eye (International)
Littleton Chambers’ Jonathan Cohen; Wagner & Co principal Mark Wagner
For the intervener Consumer
Focus Hogarth Chambers’ Guy Tritton instructed directly
The defendant Telefonica UK Ltd did not appear and was not represented
