Landlord and tenant Lease. The Chancery Division held that, on the true construction of a sublease, a purported transfer of the sublease by the defendant to another company had been void and the defendant remained liable, under the sublease, to the claimant for payment for arrears of rent and, alternatively, for damages.
Occupier's liability Common duty of care. The Queen's Bench Division held that the defendant landlord bore no liability for the fall of the claimant as she was ascending a flight of three steps leading to the front door or a property.
*Perry and others v Serious Organised Crime Agency; Perry and others No.2 v Serious Organised Crime Agency
Proceeds of Crime Civil recovery of proceeds of unlawful conduct. The Supreme Court, having considered the in allowing the appellants' appeals against a worldwide property freezing order and a disclosure order in respect of which notices were addressed to the appellants all of whom were outside the jurisdiction, held that the High Court of England and Wales had no jurisdiction under Pt 5 of the Act to make a recovery order in relation to property outside England and Wales and orders for requests for information could only be exercised in respect of persons who were within the jurisdiction.
Contract Implied term. The Commercial Court held that the defendant company was not in breach of its contract with the claimant company as the terms alleged by the claimant could not be implied into the contract.
Rates Rateable occupation. The Administrative Court, on appeal by way of case stated against the defendant local authority's decision to impose unoccupied property rates on the claimant, MPL, held that the relevant property owned by MPL had been so occupied during specified periods to benefit from exemptions from those property rates.
European Union Intellectual property. The Court of Justice of the European Communities (Fourth Chamber) made a preliminary ruling on whether in circumstances such as those of the main proceedings: (i) there was 'distribution to the public' under art 4(1) of Directive 2001-29 of the European Parliament and of the Council (on the harmonisation of certain aspects of copyright and related rights in the information society); and (ii) arts 34 and 36 of TFEU should be interpreted as precluding a member state from bringing a prosecution under national criminal law for the offence of aiding and abetting the prohibited distribution of copyright protected works in the circumstances of the instant case.
Tort Harassment. The Queen's Bench Division dismissed the claimant ministerial aide's claim for harassment and misuse of private information.
Confidential information Injunction against disclosure of information. The Queen's Bench Division allowed the well known singer's application for the continuation of a non-disclosure order.
Pension Company pension scheme. The Chancery Division, on an application for directions from the claimant administrators of the Wedgwood Museum Trust Ltd, held that the museum collection was not held in a separate trust, but was available to meet the costs of the insolvency, including the pension deficit across the entire group.
Practice Pre-trial or post-judgment relief. The Queen's Bench Division granted an injunction prohibiting disclosure of certain information and orders to prevent further dissemination of that information, and to enable the claimant to give notice of the order to any person whom the defendants identified as persons to whom they had already disclosed information which was the subject of the order.