Negligence Causation. The Queen's Bench Division held, in dismissing the claimant's case in negligence against the Secretary of State for Health, that there had been no breach of duty in respect of the delivery of a twin in circumstances where she was deprived of oxygen and suffered serious brain injury.
Practice Pre-trial or post-judgment relief. The Court of Appeal, Civil Division, allowed the defendant's appeal against the judge's refusal to set aside an order striking out the defence, under CPR39.3, and entering judgment for the claimants. Both reasons given by the judge for having held that the defendant had not had a good reason for not having attended the trial would be rejected and, in the circumstances, if the judge had applied the relevant guidance in previous authority, he could not reasonably have concluded that the defendant had failed to act promptly once it had found out about his decision.
Landlord and Tenant Business premises. The Chancery Division ruled that notices served by a tenant of leasehold office premises, notifying the claimants (together the landlord) of its intention to exercise a contractual break clause in the leases, had been valid. The notices had been validly served at the landlord's stated address in accordance with the leases. That address was an 'abode or place of business' because the landlord had, on the true construction of the leases, nominated it as such, and not because the landlord actually abided there or carried on any business there. The court rejected the tenant's contention that of the Landlord and Tenant Act 1927 was of general application to any sort of notice to be served by a tenant and applied to any claim that a tenant might serve. Section 23 was not intended to relate to matters outside that Act.
Costs Order for costs. The Chancery Division, on the claimant's application for an order, under s51(3) of the that RG, who had been joined as a party to the present proceedings for the purposes of costs only, pay the costs of its claim against the first defendant, held that the present was an exceptional case and it was just to make an order for costs against RG. RG was ordered to pay the claimant's costs incurred from the date on which the first defendant had filed its acknowledgement of service.
Claim form Service. The proceedings related to liability insurance policies issued by the claimant company. The Commercial Court considered the claimant's application for an anti-suit injunction to preclude the defendant from pursuing claims under global policies in Australia. The dispute concerned global liability policies issued in England and a 'broadform' liability policy issued in Australia. The court held that, following settled principle, proceedings would be on foot in the courts of both Australia and England. The English proceedings would be stayed to allow the Australia issues to be resolved first.
Damages Personal injury. The Queen's Bench Division held that the claimant did not have the benefit of Qualified One-way Costs Shifting (QOCS) under CPR Rule 44.13(1). That result came as a matter of construction of r 44.13, having regard to established principles of construction. The construction was clear, the claim against the MIB was not one for damages for personal injuries.
Practice Summary judgment. The Commercial Court allowed an application for summary judgment by the fifth defendant, J, to strike out claims in a dispute concerning the winding up of Kaupthing Bank HF. The court held that, in the light of a settlement agreement between the parties, the claimants were not entitled to advance claims against J in conspiracy, malicious procurement and execution of search warrants and malicious prosecution.
Costs Order for costs. The Court of Appeal, Civil Division, allowed the claimant's appeal against a costs order made following the trial of her medical negligence claim against the defendant. Among other things, it held that CPR Pt 36 did not preclude the making of an issue-based or proportionate costs order. However, a successful claimant was to be deprived of all or part of her costs only if the court considered that it would be unjust for her to be awarded all or that part of her costs and that decision fell to be made having regard to 'all the circumstances of the case'.
BNY Mellon Corporate Trustee Services Ltd v Taberna Europe CDO I plc and other companies; Citicorp Trustee Company Ltd v Taberna Europe CDO II plc and other companies
Practice Pre-trial or post-trial judgment relief. The Chancery Division, Financial List, granted Barclays Bank plc summary judgment in respect of one but not the other of its claims alleging breach by the issuers of notes of their obligations, which, it contended was an event of default entitling it to accelerate payment of the notes. There was no prospect of the relevant defendants defending the claim in respect of notes issues in September 2007.
Practice Pre-trial or post-judgment relief. The Queen's Bench Division dismissed the defendants' application for summary judgment in respect of claims against them for breach of trust the application notice had not drawn the claimants' attention to CPR 24.5(1) (in breach of CPR PD 24 para 2(5)) and the notice had not been accompanied by any evidence and, therefore, the claimants had not had an opportunity to assess the issues arising.