Judgment Call September 3rd 2012

The provision in the Fatal Accidents Act 1976 s.1(3)(b) that a cohabitee had to have lived with a partner for two years or more prior to the partner’s death in order to bring a claim for loss of dependency was not incompatible with the right to family life under the European Convention on Human Rights art.8.

Human rights

Swift v Secretary of State for Justice. [2012] EWHC 2000 (QB). Eady J. 18 July 2012

The purpose of s.1(3)(b) was not to improve, promote, or benefit ongoing family or private life, but was concerned simply to provide certain categories of persons with a right to claim for losses that could be measured in financial terms.

Claim dismissed

Jason Coppel
Jason Coppel

For the claimant Swift

Devereux Chambers’ Robert Weir QC; Russell Jones & Walker partner Simon Allen

For the defendant Secretary of State for Justice

11KBW’s Jason Coppel instructed by the Treasury Solicitor


Hawksford Trustees Jersey Ltd (Trustee of the Bald Eagle Trust) v Stella Global UK Ltd[2012] EWCA Civ 987. Etherton LJ; Patten LJ; Rix LJ. 19 July 2012

A trial and an appeal from that trial were separate proceedings for the purpose of the Access to Justice Act 1999 s.29. Therefore, a premium for after-the-event insurance, taken out shortly before an appeal, covering the costs of the appeal and the costs of the trial at first instance, was not recoverable in full.

Issue determined in favour of appellant

For the appellant Stella Global

4 New Square’s Roger Stewart QC and Roger Mallalieu; Clifford Chance partner Helen Carty

For the respondent Hawksford

4 New Square’s Nicholas Bacon QC; DLA Piper UK partner Catherine Radcliffe


(1) Telefónica O2 UK Ltd; (2) Everything Everywhere Ltd; (3) Vodafone Ltd; (4) Hutchison 3G UK Ltd v British Telecommunications plc. [2012] EWCA Civ 1002. Elias LJ; Etherton LJ; Lloyd LJ. 25 July 2012

Dispute resolution was a form of regulation in its own right and was intended to operate as a rapid and relatively informal means of breaking a deadlock in negotiations between commercial parties. Ofcom’s task was to impose a solution that met the public policy objectives of the Common Regulatory Framework, as set out in Directive 2002/21 art.8, and therefore went beyond deciding disputes on the basis of the parties’ respective contractual rights.

Appeal allowed

For the appellant Telefónica O2 UK

4 Stone Buildings’ Jonathan Crow QC; Brick Court Chambers’ Robert O’Donoghue; SJ Berwin partner Elaine Gibson-Bolton

For the appellants Everything Everywhere Ltd; Vodafone Ltd; Hutchison 3G UK Ltd

Monckton Chambers’ Jon Turner QC; Monckton Chambers’ Philip Woolfe instructed directly by Everything Everywhere Ltd’s Robyn Durie; instructed by Herbert Smith partner Stephen Wisking for Vodafone Ltd; instructed by Baker & Mackenzie Richard Pike for Hutchison 3G UK Ltd.

For the respondent British Telecommunications plc

Devereux Chambers’ Graham Read QC; Brick Court Chambers’ Sarah Lee; Brick Court Chambers’ Richard Eschwege instructed by BT Legal

For the interested party Ofcom

Blackstone Chambers’ Javan Herberg QC; Blackstone Chambers’ Mark Vinall instructed directly


Leeds United Football Club Ltd v Chief Constable of West Yorkshire. [2012] EWHC 2113 (QB). Eady J. 24 July 2012

The police were not entitled to recoup from a football club the costs of policing and crowd control carried out on land that was in the immediate vicinity of the club but was not owned, leased or directly controlled by it.

Judgment for claimant

For the claimant Leeds United FC

Blackstone Chambers’ Michael Beloff QC; Burges Salmon partner Mark Gay

John Beggs QC
John Beggs QC

For the defendant Office of the Force Solicitor

3 Serjeants’ Inn’s John Beggs QC; 3 Serjeants’ Inn’s James Berry instructed directly


NHS Leeds v Larner. [2012] EWCA Civ 1034. Henderson J.; Mummery LJ; Tomlinson LJ. 25 July 2012

A worker who had not taken paid annual leave in the relevant leave year because of her absence from work on long-term sick leave did not lose her entitlement to that leave. She was entitled to carry her untaken leave forward to the following leave year without making a prior request to do so and, when she was dismissed before she could take the leave, she was entitled to payment in lieu.

Appeal dismissed

For the appellant NHS Leeds

11KBWs Sean Jones QC; Ford & Warren partner Frank Sutcliffe

For the respondent Larner

Old Square Chambers’ Michael Ford; Thompsons Solicitors’ Marion Batten


KA (Afghanistan) & Ors v Secretary of State for the Home Department. [2012] EWCA Civ 1014. Hooper LJ; Maurice Kay LJ; Moore-Bick LJ. 25 July 2012

The Court of Appeal outlined the principles to be applied by tribunals considering applications for asylum by Afghan nationals who had arrived in the UK as unaccompanied minors, and in respect of whom the secretary of state had failed to discharge her duty to endeavour to trace their families under the Asylum Seekers (Reception Conditions) Regulations 2005 reg.6.

Judgment accordingly

For the claimant KA

Matrix Chambers’ Raza Husain QC; No 5 Chambers’ Becket Bedford instructed by Sultan Lloyd Solicitors senior solicitor Kamaljit Sandhu

For the claimant SU

Matrix Chambers’ Raza Husain QC; Garden Court Chambers’ Sonali Naik; Sutovic and Hartigan Solicitors’ Tori Sicher

For the claimants AK, EU, AR, QA, FU

No 5 Chambers’ Beckett Bedford; Sultan Lloyd Solicitors’ senior solicitor Kamaljit Sandhu

For the claimants SA

Renaissance Chambers’ Joanna Dodson QC; Thompson & Co Solicitors partner Anas Khan

For the respondent Secretary of State for the Home Department

6 King’s Bench Walk’s Jonathan Hall; instructed directly by Treasury Solicitor


Hewage v Grampian Health Board. [2012] UKSC 37. Lady Hale JSC; Lord Hope (Deputy President); Lord Kerr JSC; Lord Mance JSC; Lord Reed JSC. 25 July 2012

The guidance given in Wong v Igen Ltd (formerly Leeds Careers Guidance) [2005] and Madarassy v Nomura International plc [2007] as to how the employment tribunal should approach cases under the Sex Discrimination Act 1975 s.63A(2) and the Race Relations Act 1976 s.54A(2) was clearly expressed, and there was no need for further guidance from the Supreme Court.

Appeal dismissed

For the appellant Grampian Health Board

Murray Stable’s Ian Truscott QC instructed directly by NHS National Services Scotland Central Legal Office

For the respondent Hewage

Hastie Stable’s Brian Napier QC; Quantum Claims’ consultant solicitor Christine McCrossan; Lefevre Litigation’s Dick Frew