Conflict of laws Jurisdiction. The Queen's Bench Division, in dismissing the defendants' application for the court to decline jurisdiction, held that it had jurisdiction to entertain a claim brought by the claimants as lenders against the defendant borrowers and guarantors pursuant to facility agreements and guarantees. The court held that the enforcement proceedings which had been lodged in India were not substantive debt proceedings and therefore, were not parallel to the present proceedings lodged in the English court.
Motor insurance Using vehicle or causing or permitting vehicle to be used on road without policy being in force. The Court of Appeal Civil Division dismissed the claimant driver's appeal and held that the liability of someone who permitted another to use a vehicle without an insurance policy was not a liability which was itself required to be insured under of the Road Traffic Act 1988.
Estoppel Res judicata. The Queen's Bench Division held that the claimant general practitioner was estopped from pursuing his claim in the High Court for breach of contract and tortious conspiracy, in circumstances where he had previously brought a claim in the employment tribunal, and the previous claim, which had been based upon the same factual foundation as the present claim, had been dismissed upon withdrawal by the claimant.
Standard Chartered Bank (Hong Kong) Ltd (a company incorporated in Hong Kong) and another v Independent Power Tanzania Ltd (a company incorporated in Tanzania) and others
Practice Summary judgment. The Commercial Court allowed the claimant banks' applications for summary judgment in proceedings arising out of the financing of a power plant in Tanzania. None of the defendants had any defence to the claim. The claimants were entitled to the declarations sought and judgment for the sum of the debt owed.
Damages Personal injury. The Court of Appeal, Civil Division, dismissed the appellant's appeal against a finding that the third column of Table 6B of CPR 45.29E, which covered the amount of fixed costs recoverable under the Pre-Action protocol for Low Value Personal Injury (Employer's Liability and Public Liability) claims, was applicable to his case. The court held that a disposal hearing listed for the quantification of damages payable after judgment under CPR 26, PD 12.2(1)(a) was a trial within the meaning of CPR 45.29E(4)(c).
Mental health Patient. The Administrative Court, in allowing the claimant's application for judicial review, held that it was not lawful for the defendant local social services authority to refuse to provide after-care services to the claimant, under of the Mental Health Act 1983, on the basis that he had no need of such provision because he was able to fund it himself from his personal injuries damages.
Negligence Medical practitioner. The Queen's Bench Division dismissed the claimant's (C) claim against the defendant Secretary of State in a case where C brought a claim for damages arising out of personal injury suffered during her birth. In the circumstances, there was no legitimate basis for concluding that the notes made of C's birth had incorrectly recorded her position during birth, and excessive force had not been used to deliver her in accordance with the standards applicable at the time for a birth complicated by shoulder dystocia.
Rupasinghe (suing on her own behalf and as administratrix of the estate of Rupasinghe deceased) v West Hertfordshire Hospitals NHS Trust
Fatal accident Damages. The Queen's Bench Division held that the claimant's claim for her own past and future loss of earnings, and pension losses, were not recoverable at law because she had already advanced a comprehensive services dependency claim arising out of her husband's death. As such, the loss of earnings and pension claims were independent claims for her loss of earnings and, therefore, fell outside the scope of s3 of the .
European Union Freedom of movement. The Court of Appeal, Civil Division dismissed the appeal of a public house owner against a decision granting the claimant Football Association an injunction to prevent Al from broadcasting football matches in his public house using a domestic decoding card. The court held that his defences under art 101 and-or art 56 of the Treaty on the Functioning of the European Union were not made out on the basis of insufficient connection between enforcement of a legal right and the alleged anti-competitive activity.
Practice Summary judgment. The Commercial Court granted the claimant summary judgment on its claim for payment of its demand under the standby letters of credit. The defendant had argued that the law should develop to admit an exception for unconscionable conduct alongside the existing, recognised, fraud exception to the rule that such demands had to be paid by the issuing bank. The court held that the parties had chosen English law and that it was important to apply the law as it was. It held that what really mattered was the belief of the claimant and that it was not seriously arguable that the claimant did not honestly believe in the validity of the demands or that it did not believe that sums were due and owing. Accordingly, notwithstanding ongoing arbitration proceedings and an injunction granted by a court in Brazil, the sums claimed by the claimant had to be paid by the bank.