Latest Cases

Immigration – Detention. In dismissing the appeal of the claimant Nigerian national against the refusal of her application for permission for her claim for judicial review to proceed in circumstances where she had been detained pending deportation, the Supreme Court considered issues arising from the appeal relating, among other things, to the lawfulness of her detention and the policy of the Secretary of State for the Home Department in respect of the detention of the mentally ill pending deportation. 

Immigration – Leave to remain. The Administrative Court partially allowed the claim for judicial review by the claimant victims of trafficking. It held that part of the first defendant Secretary of State's guidance 'Victims of Modern Slavery: Competent Authority Guidance (July 2015)' was unlawful, as it did not allow victims of trafficking or their legal representatives to request discretionary leave to remain on the grounds of agreeing to assist the police with their enquiries. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Niagara Bottling LLC (Niagara) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, concerning the international registration designating the European Union of the word mark 'NIAGARA', which Niagara sought to register as a European Union trade mark. The General Court upheld the Board's decision that the sign at issue was descriptive of the characteristics of the goods and services in respect of which registration was sought, within the meaning of art 7(1)(c) of Council Regulation (EC) No 207/2009. 

Shipping – Cargo. The Commercial Court dismissed the appellant seller's challenge to the award of an arbitration tribunal in a case concerning alleged deficiencies in the fluidity and mean maximum reflectance of a cargo of coal, by which the seller had been ordered to pay damages and costs to the claimant buyers. The court refused the seller and extension of time to bring its challenge and held that, although there was some force in certain of the seller's points, they did not justify the conclusion that there had been serious irregularity falling within s 68(2)(a) or (c) of the Arbitration Act 1996. 

Income tax – Tax advantage. The Court of Appeal, Civil Division, allowed the Revenue and Customs Commissioners' appeal against a finding that it had issued a valid Closure Notice in respect of an enquiry into the taxpayer's corporation tax self-assessment return. The court dismissed the taxpayer's cross-appeal against a finding that the disregard provisions in para 28 of Sch 26 to the Finance Act 2002 had not applied in the circumstances its case. 

Contract – Sale of Goods – Relevancy and specification of averments. Sheriff Court: In an action in which the pursuers, who purchased 5000 roofing tiles from the defenders in 2003 and 2004, sought damages for breach of contract, averring that the tiles had suffered severe discolouration, and contending that the defenders were in breach of implied terms as to the satisfactory quality of the goods supplied, the court concluded that the pursuers' averments anent pecuniary loss should be allowed to go to proof, however those regarding a manufacturers' guarantee in relation to the tiles were irrelevant, those relating to the tiles' conformity or otherwise with British Standards were lacking in specification, and those anent rejection of the tiles did not disclose a tenable claim for rejection and accordingly should be deleted. 

Firearms – Prohibited weapons. The Court of Appeal, Criminal Division, held that the Firearms Act 1982, of itself, had not created any offence. It had widened the scope of the Firearms Act 1968 so as to cover imitation firearms which were readily convertible into firearms to which s 1 of the 1968 Act applied. Accordingly, in the particular circumstances, the defendant's appeal against a conviction for possessing a prohibited firearm, contrary to s 5(1)(aba) of the 1968 Act, would be dismissed. 

Immigration – Leave to remain. The Administrative Court allowed the claimant's application for interim relief, namely, for an order that the defendant Secretary of State should grant or reinstate his indefinite leave to remain (ILR) in the United Kingdom pending the resolution of his claim for judicial review and anticipated appeal. The removal of the claimant's ILR had been an automatic consequence of the Secretary of State's erroneous decision to deport him. 

Companies – Shareholders – Unfair prejudice. Sheriff Court: In an unfair prejudice petition under s 994 of the Companies Act 2006, in which the petitioner moved the court to allow the petition to be amended and thereafter to grant warrant for diligence by arrestment on the dependence of the action under s 15A of the Debtors (Scotland) Act 1987, the court was satisfied that the petitioner's minute of amendment should be allowed and the petition amended in terms thereof, and that it was competent in principle to grant arrestment on the dependence in the action; however the petitioner's motion for warrant to arrest on the dependence was refused as she had failed to satisfy the court that the statutory grounds for granting the order sought had been made out. 

Practice – Striking out. The Chancery Division dismissed the defendant banks' application to strike out parts of a claim arising from the extension of a loan facility to a company that managed business parks, which had entered administration. The court allowed in part an application by the claimants to amend the claim, in that it was necessary to refine the proposed amended pleading in order to refer solely to the named individuals who had been employed by the banks at the time of the alleged conspiracy, for whom it was vicariously liable.