Judgment call: 2nd April 2012

Tom Richards
Tom Richards

Company law

Paros Plc v Worldlink Group Plc. [2012] EWHC 394 (Comm). Commercial Court. Jonathan Hirst QC. 1 March 2012


Judgment accordingly

For the claimant Paros

Blackstone Chambers’ Tom Richards; Jackson Parton solicitor Alex Askew

For the defendant Worldlink Group

Erskine Chambers’ Alex Barden; Osmond & Osmond partner William Osmond


W (Algeria) & Anor v Secretary of State for the Home Department; PP (Algeria) v Secretary of State for the Home Department; Z (Algeria) & Ors v Secretary of State for the Home Department. [2012] UKSC 8. Supreme Court. Lord Phillips (President); Lord Brown JSC; Lord Wilson JSC; Lord Dyson JSC; Lord Kerr JSC.

7 March 2012

When considering the deportation of a foreign national on the grounds of national security, the Special Immigration Appeals Commission could give an absolute and irrevocable guarantee of total confidentiality to a witness who was prepared to testify that the deportee was likely to be subjected to torture or ill-treatment upon return despite contrary assurances from the authorities in the country of return. However, the Appeals Commission was to use its power to give such guarantees most sparingly.

Appeal allowed

For the appellant Algerian nationals

Blackstone Chambers’ Michael Fordham QC; Garden Court Chambers’ Stephanie Harrison; Luqmani Thompson & Partners partner Rakesh Singh; Birnberg Peirce & Partners solicitors Ronnie Graham and Sarah Kellas; Tyndallwoods partner Natalia Garcia

For the respondent Secretary of State

Temple Garden Chambers’ Robin Tam QC; Monckton Chambers’ Robert Palmer; instructed directly by the Treasury Solicitors


Smith v Secretary of State for Communities and Local Government & Anor. Unreported. Queen’s Bench Division (Administrative Court).

Ouseley J. 16 March 2012


In considering an application for planning permission for change of use, it was permissible to accord a circular less weight where an announcement in relation to its future revocation had been made. Such an announcement had been made in respect of Circular 01/06 and the Secretary of State for Communities and Local Government had not erred in giving it less weight than he would otherwise have done in upholding a local authority’s decision to refuse planning permission for a change from agricultural use to use as a private caravan site.

Application refused

For the claimant Smith

Garden Court Chambers’ Marc Willers; Davies Gore Lomax solicitor Keith Coughtrie

For the first defendant Secretary of State

Francis Taylor Building’s Hereward Phillpot; instructed directly by the Treasury Solicitors

Civil procedure 

Fred Perry (Holdings) Ltd v Brands Plaza Trading Ltd (trading as Brands Plaza).

[2012] EWCA Civ 224. Court of Appeal (Civil Division). Maurice Kay LJ; Lewison LJ; Jackson LJ. 1 February 2012


The Court of Appeal refused to overturn a judge’s decision not to grant relief from sanctions under Civil Procedure Rule 3.9, indicating that it was vital that the Court of Appeal should support first instance judges who made robust but fair

case-management decisions.

Appeal allowed in part

For the appellant Brands Plaza

Hardwicke’s Mark Engelman; Bedlington Chambers’ Paul Considine; ABGM partner Sean McCarthy

For the respondent Fred Perry

11 South Square’s Anna Edwards-Stuart; Clarke Willmott partner Roy Crozier


Leofelis SA & Anor v Lonsdale Sports Ltd & Ors; The Trademark Licensing Company Ltd & Anor v Leofelis SA. [2012] EWHC 485 (Ch). Chancery Division.

Roth J. 9 March 2012

Where a contract was terminated by one party on the basis of alleged repudiatory breach by the other which turned out not to exist, the termination could be retrospectively justified where the terminating party subsequently discovered that another distinct breach of the contract had occurred, even though it did not rely on that breach at the time of termination. It could not, however, claim damages for

non-performance of the contract after the date on which it came to an end.

Judgment for defendant in the first action; judgment for the claimant in the second action

For the claimants in the first action and the defendants in the second action

8 New Square’s John Baldwin QC and Andrew Lykiardopoulos; Edwin Coe partner Simon Miles

For the defendants in the first action and the claimants in the second action Brick Court Chambers’ George Leggatt QC and Jasbir Dhillon; RPC partner Jeremy Drew

For the first third party Punch GmbH, the fourth third party PSF International BV and the fifth third party Geurt Jan Schotsman 11 South Square’s Richard

Hacon; Druces partner Mary-Louise King


Commercial Motors (Wales) Ltd v Howley. Unreported. Employment Appeal Tribunal. Silber J; J Mallender; Baroness Drake of Shene.

24 February 2012

Where an employee had been dismissed before completion of the sale of his employer’s business, there was nevertheless an effective transfer of his contract of employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.3(1)(a) because the new employer was in control of the business at the time of transfer.

Appeal dismissed

For the appellant Commercial Motors (Wales)

Over Taylor Biggs solicitor-advocate Chris Over

For the respondent Howley

No5 Chambers’ Anthony Korn; FWD Law solicitor Sarah Alford