Latest Cases

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. 

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. 

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. 

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. 

Criminal law – Sentence. The Court of Appeal, Criminal Division, held that a total sentence of five years' imprisonment, for the offences of assault occasioning actual bodily harm and causing a person to engage in sexual activity without consent, had been unduly lenient. A total sentence of seven years' imprisonment would be more appropriate in the circumstances. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of Council Directive (EEC) 80/987. The request had been made in proceedings between Greece and Mr Stroumpoulis and other Greek seamen concerning the loss they claimed to have suffered as a result of the failure to transpose that directive correctly into Greek national law. 

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. 

Company – Liquidation. The Chancery Division considered an application by the joint liquidators of Longmeade Ltd for directions, pursuant to s 168(3) of the Insolvency Act 1986 in relation to a potential claim in negligence, which they had identified could be made by the company against the Secretary of State for Business Innovation and Skills. Consideration was given to the principles to be applied to the modified regime concerning the commencement of proceedings by a company in compulsory liquidation post-26 May 2015. 

Company – Winding up. The Chancery Division dismissed an application to restrain presentation of a winding up petition based upon a statutory demand which had been served by the respondent on the applicant company, alleging indebtedness under what was called a rating agreement. In the circumstances, there was no realistic chance of the applicant establishing anything remotely approaching a substantial dispute in relation to liability under the agreement. 

Company – Administration. The Court of Appeal, Civil Division, in dismissing the appellant company's appeal against a decision allowing the respondent's appeal against the refusal of his application to be joined as a party to proceedings brought by the appellant, ruled on the construction of the provisions for a moratorium in connection with the administration of a company contained in para 43(6) of Sch B1 to the Insolvency Act 1986.