Latest Cases

Sentence – Mandatory life sentence. The Administrative Court did not recommend a reduction in the offender's minimum term of 13 years, less time spent on remand for the murder he had committed when aged 15. The offender's progress, real though it had been, was not exceptional. 

Immigration – Non-patrial. The Court of Appeal, Civil Division, allowed an appeal by the Secretary of State in circumstances where the First-tier Tribunal and Upper Tribunals (Immigration and Asylum Chambers) had allowed the respondent's appeal against the Secretary of State's refusal to grant a Certificate of Entitlement giving the respondent a right of abode in the United Kingdom. The respondent, as a matter of statutory application, did not have a right of abode through either his father, his mother or through being a Commonwealth citizen. 

Vicarious liability – Crown. The Supreme Court, in dismissing the appellant's appeal, held that the respondent had been injured as a result of negligence by a prisoner in carrying on the activities assigned to him, and the prison service was, therefore, vicariously liable to her. The court considered what sort of relationship had to exist between an individual and a defendant before the defendant could be made vicariously liable in tort for the conduct of the individual, with particular regard to Various claimants v Catholic Child Welfare Society ([2013] 1 All ER 670). 

Trust and trustee – Charitable trust. The Chancery Division granted an order of possession in favour of the claimants in respect of a property, from which a mosque operated, which their deceased father, who had been a distinguished member of the Muslim community, had bought in their name, but in respect of which the defendants had taken control as purported trustees of an alleged charitable trust. The court held that, on the facts, there was no case for a constructive or resulting trust and the claimants, as legal and beneficial owners, were entitled to possession. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by EGL, Inc., and other companies, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Area Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicants or, in the alternative, for variation of the fines imposed on them in that decision. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by UTi Worldwide, Inc., and other companies, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Area Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicants, and, in the alternative, for annulment or reduction of the fines imposed on them in that decision. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by Schenker Ltd, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Area Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicant, and for variation of the fine imposed on it in that decision. 

Extradition – Extradition order. The Divisional Court dismissed the appellants' appeals against orders for their extradition to Poland to serve activated suspended sentences. It gave guidance on the distinction between a person 'unlawfully at large', within s 14(b) of the Extradition Act 2003 and a 'fugitive', before finding that the appellants could not rely on the passage of time to bar their extradition. Further, their extradition would not be disproportionate to their rights under art 8 of the European Convention on Human Rights. 

Criminal law – Trial. The Court of Appeal, Criminal Division, found that the first defendant had been fit to plead at his trial for burglary and dismissed his appeal. However, the second defendant's delusional beliefs would have affected his ability to understand the proceedings and to give evidence at his trial for breach of a restraining order. Accordingly, his conviction was quashed and substituted by a finding he had done the acts charged, and a hospital order with a restriction order without limit of time was made. 

Succession law – Lifetime gift – Facility and circumvention – Undue influence. Court of Session: In an action in which the pursuer, suing as executor-nominate under his mother's will, sought reduction of three deeds gifting the mother's entire heritable estate to his two brothers for no consideration, the court, granting decrees of reduction, held that that when the mother signed the three deeds she was subject to facility and circumvention as well as undue influence at the instance of both defenders.