Features

Prison – Management and treatment of prisoner. Despite all of the measures put in place by the second defendant Secretary of State, they had not been adequate and effective to prevent breaches of art 8 of the European Convention on Human Rights at a prison in relation to the unlawful strip-searches of the claimants because they had not been adequate or effective in ensuring that the first defendant Sodexo had had proper and suitable systems in place for training its staff on strip-searching. However, the Administrative Court found no breach of art 3.

Child – Abduction. The Family Division found that the father had wrongfully removed the child from Portugal within the terms of the Hague Abduction Convention on the Civil Aspects of International Child Abduction 1980 and the defences put forward by the father had not been established. Accordingly, the child was ordered to return to Portugal forthwith. It was clear that adequate arrangements would be in place to ensure his protection.

Arbitration – Arbitrator. The claimant's appeal against decisions of an arbitrator succeeded in proceedings related to the rights of the parties to profits under partnership agreements concerning two dental practices. The Chancery Division held that the arbitrator had erred in his interpretation of the facts concerning the two practices, and his award would be varied appropriately to reflect that.

Bankruptcy – Trustee in bankruptcy. There were no grounds for removing the present trustee in bankruptcy and replacing him with another office holder. Accordingly, the Chancery Division dismissed the applicant creditors' application for, among other things, an order, pursuant to s 298(1) of the Insolvency Act 1986, which removed the trustee in bankruptcy in favour of the official receiver.

Solicitor – Lien. The liquidators' application for recognition of foreign main proceedings did not amount to 'proceedings' within the definition of art 4(c) of the Legal Aid, Setencing and Punishment of Offenders Act 2012 (Commencement No.5 and Saving Provisions) Order 2013, SI 2013/77. Further, the Chancery Division held that the claimant was not entitled to a common law lien to secure the payment of the fixed fee it had agreed with the company. It had waived its entitlement to a lien by entering into a deed of charge with the company.