Litigation Writs 15/7/97

Plans for Oxford United's new stadium may be dashed in the High Court. In a writ issued by Thames Water, it has applied inter alia for injunctions against Oxford City Council and Oxford United Football Club, restraining them from erecting a stadium and ancillary facilities. Thames Water is seeking a declaration that under an agreement and a deed of exchange, made on 31 March 1993, the city council is not entitled to use the land in the agreement except for highway or recreational and ancillary purposes during a restricted period. It also seeks a declaration that use of the green land for the erection of a 15,000-seat football stadium with a supporters club, a health and fitness centre, a restaurant and a car park, would be a breach of the restrictive covenant in the deed.

Writ issued by Ashurst Morris Crisp, London EC2.

The Civil Aviation Authority (CAA) is being sued for damages after banning night flights by a Norwegian company. According to the writ issued by H5 Air Service Norway AS, the company was contracted to fly newspapers at night between UK aerodromes. But it claims that in June this year the CAA served a notice on the commander of the company's Cessna aircraft, preventing the plane from flying. The company was obliged to abort its flight after planning to carry a cargo of newspapers from Edinburgh to Luton, and breached its contract with Martini Air Services with loss of profits. H5 seeks: an injunction restraining the CAA from preventing or trying to prevent the company from operating its aircraft at night with cargo for reward; a declaration that the CAA is not entitled to direct the aircraft not to fly at night for reward; damages; and exemplary damages.

Writ issued by Clark Richards, London WC2.

Roofer Derek Currell, who went bankrupt after suffering a personality change he claims was the result of a fall at work, is suing his former solicitor for more than £660,000 damages. Currell claims he instructed Pattinson & Brewer to claim compensation following his fall from scaffolding, which became detached from a building. But the writ says his claim was struck out because, among other things, the firm failed to calculate properly when to request a hearing date. The writ puts the full value of the claim at £15,000 for Currell's injuries and £668,825 special damages.

Writ issued by Ronald Prior & Co, London E17.