Judgment call: 18th June 2012

When seeking production orders for footage taken by media organisations, the police had failed to establish that interference with the organisations’ rights under the European Convention on Human Rights 1950 art.10 was necessary and proportionate on the basis that the footage was likely to be of substantial value to criminal investigations.

Civil procedure

R (on the application of (1) British Sky Broadcasting Ltd; (2) Independent Television News; (3) British Broadcasting Corporation; (4) Hardcash Productions; (5) Jason Neil Parkinson) v Chelmsford Crown Court. Interested party Essex Police (2012) EWHC 1295 (Admin). Eady J; Moses LJ.

17 May 2012

Application granted

For the claimants of (1) British

Sky Broadcasting; (2) Independent Television News; (3) British Broadcasting Corporation; (4) Hardcash Productions; (5) Jason Neil Parkinson

Doughty Street Chambers’ Gavin Millar QC; Bindmans partner

Martin Rackstraw

For the interested party Essex Police

1 Gray’s Inn Square’s James Lofthouse, instructed directly by Essex Police Legal Department


Landlord and tenant

Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd (2012) EWCA Civ 666. Lewison LJ; Longmore LJ; Lord Neuberger MR.

18 May 2012

The Leasehold Reform, Housing and Urban Development Act 1993 plainly contemplated that tenants could make successive applications to the court under s.22, and s.29 dealt expressly with the case where an application was discontinued.

It followed that the provisions on discontinuance in CPR r.38.7 did not apply in such circumstances, and a second or subsequent application under s.22 was not an abuse of process.

Appeal allowed

For the appellant Westbrook Dolphin Square

Falcon Chambers’ Nicholas Dowding QC and Anthony Radevsky; Pemberton Greenish partner Kerry Glanville

For the respondent Friends Provident

Falcon Chambers’ Stephen Jourdan QC; Maples Teesdale partner

David Stevens

Civil procedure

Eastenders Cash & Carry plc v Revenue & Customs Commissioners (2012) EWCA Civ 689. Davis LJ; Elias LJ; Mummery LJ. 22 May 2012

Where the Court of Appeal had allowed an appeal, holding that detention of the appellant’s goods by the Revenue & Customs Commissioners was unlawful, the appellant was not entitled to costs from the commissioners because the Customs and Excise Management Act 1979 s.144(2)(b) was a statutory bar to recovery.

Judgment accordingly

For the appellants Eastenders Cash & Carry

Tanfield Chambers’ Geraint Jones QC and Marc Glover; Rainer Hughes senior partner Sanjay Panesar

For the respondent Revenue & Customs Commissioners

11KBW’s Jonathan Swift QC; One Crown Office Row’s Neil Sheldon, instructed by HM Revenue & Customs solicitor

Company law

Cukurova Finance International Ltd & Ors v Alfa Telecom Turkey Ltd (2012) UKPC 20. Lord Mance; Lord Sumption; Lord Walker.

23 May 2012

In proceedings concerning a lender’s purported appropriation of charged shares in a company, the Court of Appeal of the British Virgin Islands had been wrong to order that the continuation of interim injunctive relief preserving the company’s management and control of itself and its related companies pending the hearing of its appeal was conditional upon it making a payment into court. While it could be appropriate to order security in respect of indebtedness that would exist if an appeal failed, there was on the facts no question of such indebtedness in the instant case.

Application refused

For the appellant Cukurova Finance International

One Essex Court’s Kenneth Maclean QC and James Nadin; White & Case partner John Reynolds

For the respondent Alfa Telecom

New Square Chambers’ Stephen Smith QC and Robert Levy QC; Hogan Lovells partner Chris Hardman


Mattu v University Hospitals of Coventry and Warwickshire NHS Trust (2012) EWCA Civ 641. Elias LJ; Sir Stephen Sedley; Stanley Burnton LJ. 18 May 2012

An NHS trust’s disciplinary decision to dismiss an employee under his contract of employment did not determine any civil right of his within the meaning of the European Convention on Human Rights 1950 art.6.

Appeal dismissed

For the appellant Mattu

Old Square Chambers’ John Hendy QC, Giles Powell and Nicola Newbegin; Ashfords

partner Stephen Moore

For the respondent Coventry and Warwickshire NHS Trust

11KBW’s John Cavanagh QC, instructed by Harrison Clark partner Jennifer Jones

Administrative law

R (on the application of Hoffmann) v Commissioner of Inquiry and the Governor of Turks and Caicos (2012) UKPC 17. Lord Brown; Lord Dyson; Lord Kerr; Lord Mance; Lord Philips. 23 May 2012

The commissioner of an inquiry into systemic corruption in the Turks and Caicos Islands had been entitled to express preliminary conclusions of fact and to express opinions as to the implications of those facts in his report on whether there was justification for criminal proceedings. To have restricted his powers to no more than identifying any areas that merited further investigation would have robbed any report of almost all utility.

Appeal dismissed

For the appellant R (on the application of Hoffmann)

Blackstone Chambers’ David Pannick QC, Javan Herberg QC and Naina Patel; Arnold & Porter partner Dr Adela Williams

For the respondent Commissioner of Inquiry and the Governor of Turks and Caicos

One Crown Office Row’s Philip Havers QC; 3 Hare Court’s Howard Stevens QC; Charles Russell associate John Almeida

Landlord and tenant

Greene King plc v (1) Quisine Restaurants Ltd; (2) Nazar Nafie Shasha (3) Stephen Dite (2012) EWCA Civ 698. CA (Civ Div). Laws LJ; Patten LJ; Rimer LJ.

24 May 2012

A clause in a licence to assign an underlease, which required the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears, was not a condition precedent of the liability under the guarantee, and the failure of the tenant to give such notice did not release the guarantor from its guarantee.

Appeal dismissed

For the appellants (1) Quisine Restaurants; (2) Nazar Nafie Shasha

Fountain Court’s Raymond Cox QC; TG Jones & Associates solicitor Mike Rattenbury

For the respondent Green King

Maitland Chambers’ John McGhee QC and Paul Clarke; Birketts senior associate James Robinson