Latest Cases

Immigration – Refugee. The Administrative Court dismissed the claimant Iranian nationals' challenge to the defendant Secretary of State's certification of their asylum claims on safe third country grounds and certification of their human rights claims as clearly unfounded. Although articles other than art 3 of the European Convention on Human Rights and art 4 of the Charter of Fundamental Rights of the European Union could be prayed in aid to prevent returns under Council Regulation (EC) 343/03 (Dublin II), there was no flagrant breach of art 5 of the Convention in Cyprus for Dublin returnees who had had a final decision on their claim. 

Disclosure and inspection of documents – Pre-action disclosure. The Chancery Division dismissed the applicant's application for pre-action disclosure with a view, subject to what the disclosure revealed, to bringing proceedings for conspiracy against the respondents. Disclosure would not assist the dispute to be resolved without proceedings. 

Minor – Medical treatment. The Family Division made an order by consent granting a declaration that the applicant health board's treatment plan in respect of a baby, Y, incorporating the withholding and withdrawal of treatment in certain respects, was lawful as being in Y's best interests. 

Family proceedings – Orders in family proceedings. The Family Court, in a fact finding hearing where two families were involved made findings of fact in relation to a non-accidental injury of a child L, in order to determine the future of three infants who were each the subject of care proceedings brought by the local authority. The principal facts which the court was being asked to find concerned the brain injuries sustained by L. 

Landlord and tenant – Verbal lease – Action of delivery – Personal bar. Sheriff Court: In an action concerning a verbal lease of a garage forecourt shop that was converted into a chip shop, in which the pursuer sought delivery of moveable equipment that was installed in the chip shop, failing which payment of the value of the equipment, and payment of damages in respect of profits lost due to an alleged material breach of the verbal lease, the court held that the defender's defence to the action of delivery could not succeed but the pursuer could not rely on the personal bar provisions in the Requirements of Writing (Scotland) Act 1995 in order to recover damages for the loss of future profits on the basis of material breach of the verbal lease. 

Executor and administrator – Administrator. The Chancery Division dismissed an application by the claimants, who were the former administrators of a holiday park, for an order that the unpaid balance of their remuneration should be charged on and payable out as a sum of £62,646.06. The court held that the payment in issue was not an asset, and could not be subject to the charge as sought. 

Bond – Issue of. The Commercial Court, ruling on a preliminary issue concerning the validity of a mandatory conversion notice by the defendant, issued in respect of US$70m 2.5% convertible bonds, held that the notice had been valid. 

Immigration – Leave to remain – Appeal. Court of Session: Refusing an appeal by five Pakistani citizens, a principal applicant, who sought leave to remain in the UK as a tier 1 (entrepreneur) migrant, and her husband and three children, whose application was refused on the basis that she had not complied with the requirement to show access to at least £200,000 for the purpose of investing in a business in UK, and whose appeals were refused by the First-tier Tribunal and the Upper Tribunal, the court held that the necessary letter from the bank confirming that the funds in her husband's account were available to the first appellant was missing, there was nothing to suggest that the husband had placed the funds under his wife's control, and in those circumstances common sense, humanity, or 'a modicum of intelligence' did not require a different approach from that taken by the Secretary of State. 

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. 

Practice – Pre-trial or post-judgment relief. The Chancery Division, among other things, made an order for unlimited standard disclosure by the defendant pharmaceutical companies in respect of certain claims brought against them by the United Kingdom health authorities for damages for alleged breaches of competition law. However, it held that it was not appropriate to order enhanced disclosure at the present stage in relation to the defendants' application for the relevant patent and submissions to regulatory authorities.