Latest Cases

Immigration – Leave to enter. The Court of Appeal, Civil Division, dismissed the appellant Nepalese national's appeal concerning the respondent Entry Clearance Officer's (ECO) refusal of his application for entry clearance to settle in the United Kingdom. It considered whether the First-tier Tribunal (Immigration and Asylum Chamber) had erred in law in having assessed his claim under art 8 of the European Convention on Human Rights as at 2013, rather than as at the date of the ECO's original decision some three years earlier. 

Administrative law – Judicial review. The Administrative Court dismissed the claimant's application for judicial review of the decision of the defendant housing association with charitable status to decline to approve the exchange of his assured tenancy. On the facts of the case, the defendant had not been exercising a public function in relation to the claimant's tenancy. 

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 67(3) of Regulation (EEC) 1408/71 had be interpreted as not precluding a member state from refusing to aggregate periods of employment necessary to qualify for unemployment benefit to supplement income from part-time employment, where that employment had not been preceded by any period of insurance or of employment in that member state. 

Immigration – Detention. The Court of Appeal, Civil Division, dismissed the claimant Somali national's appeal against the dismissal of his claim for judicial review, seeking a declaration and damages in the tort of false imprisonment and for breach of art 5 of the European Convention on Human Rights on the basis that he had been unlawfully detained by the defendant Secretary of State. Among things, it held that each of the conclusions reached by the deputy judge that had underpinned his conclusion that the period of the claimant's detention had been reasonable in all the circumstances had been material conclusions he had been fully entitled to have reached on the evidence available to him. 

Negligence – Causation. The Queen's Bench Division held that the defendant hospital had been in breach of duty in not administering prophylactic heparin to the claimant on 29 June, following is admission for post operative pain, when on a balance of probabilities it would have prevented the pulmonary embolism which had subsequently occurred. 

Family proceedings – Orders in family proceedings. The Family Division made rulings concerning twins born to the applicant, X, who was in a same-sex relationship with the first respondent, Y. Owing to IVF treatment, X was the biological mother, and Y the gestational mother, of the twins. Owing to an error on the part of the clinic that had provided the treatment, X was not registered as the parent. The court held that an order would be made that X was the parent of the twins. 

Minor – Medical treatment. The Family Division held that it was in the best interests of a seven-year-old child, who had profound disabilities and needs, to grant the declarations sought by the applicant NHS trust, which sought the court's permission to treat the child in accordance with the treating clinicians' clinical discretion, including whether or not to resuscitate her in the event of a collapse. 

Libel and slander – Pleading. The Queen's Bench Division, in a libel action, allowed the claimant's application to strike out parts of the defence and, bar one exception, refused the defendants' cross-application to amend their defence. 

Mental health – Court of Protection. The Court of Protection, on the Public Guardian's application to revoke a Lasting Power of Attorney (LPA) for property and financial affairs, held that, in circumstances where the only evidence of the donor's capacity was in the Court of Protection General Visitor's report, which was ambivalent on the question of her capacity to revoke the LPA, an assessment by a Court of Protection Special Visitor was required prior to considering revoking the LPA and making a substantive deputyship appointment. Pending receipt of that report, the attorneys' authority to act under the LPA would be suspended and the donor's daughter would be appointed as an interim deputy. 

Human rights – Right to a fair hearing. The European Court of Human Rights dismissed the applicant's contention that his right to a fair trial had been violated by the admission of hearsay evidence at his murder trial. Having regard to the existence of other incriminating evidence and of procedural safeguards, it could not be said that the criminal proceedings had been rendered unfair.