Latest Cases

Extradition – Human rights. Sheriff Court: In a case in which the Government of the USA sought a Pakistani citizen's extradition for prosecution on nine serious fraud charges, an application which was opposed based on s 87 of the Extradition Act 2003 and alleged contraventions of art 2 (right to life) of the European Convention on Human Rights, art 3 (freedom from torture), art 5 (right to liberty) and art 6 (right to a fair trial), the court held that extradition would be compatible with the respondent's Convention rights, within the meaning of the Human Rights Act 1998, and was satisfied that that the case could safely be sent to the Scottish Ministers for their final decision on whether the respondent was to be extradited. 

Immigration – Appeal. The Administrative Court dismissed the Immigration Law Practitioners Association's application for judicial review. It held that r 13 of the Tribunal Procedure (First-Tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604, permitting direction prohibiting disclosure to person in specified circumstances, did not give rise to a systemic or inherent lack of fairness. 

Housing – Homeless person. The Administrative Court dismissed the claimants' judicial review proceedings, claiming that the manner in which the defendant local housing authority had dealt with their applications for housing as a homeless person had been unlawful and had reflected systemic failings. The individual claims failed because there had been no breach of statutory duty or any breach was minor and did not warrant relief. Further, the possible breach of duty had not arguably supported a claim of systemic failure as was alleged in the general claim. 

Compulsory purchase and compensation. Court of Session: In an appeal against a decision of the Scottish Ministers, cancelling a certificate of appropriate alternative development ('a CAAD') issued by Fife Council relating to land owned by the appellants ('the CAAD Land') which was required by the Scottish Ministers for the works authorised by the Forth Crossing Act 2011, the Ministers having permanently acquired part of the CAAD Land and temporarily entered and possessed another part, the Ministers conceded that the decision was not within the powers of the Land Compensation (Scotland) Act 1963 in so far as relating to the permanently acquired land and the court held that it was within the powers of 1963 Act in so far as relating to the temporarily acquired land. 

Criminal law – Rape. The Court of Appeal, Criminal Division, held that a sentence of three years' imprisonment for an offence of rape, contrary to s 1(1) of the Sexual Offences Act 2003, had been unduly lenient. The judge had not identified sufficient mitigation to depart from the sentencing range, as prescribed by the Sentencing Council's Definitive Guidelines: Sexual Offences. The sentence would be quashed and substituted for a term of five years and six months' imprisonment. 

Criminal law – Indecency with child. The Court of Appeal, Criminal Division, held that a sentence of 24 months' imprisonment, suspended for 24 months, for three specimen counts of indecency with a child, contrary to s 1(1) of the Indecency with Children Act 1960, had been unduly lenient. A judge had to arrive at the right sentence on the offences before her and to guard against any temptation, because of what had happened in the intervening period, to suspend the sentence. The sentence would be quashed and substituted for a total term of three years and six months' imprisonment. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, dismissed the appellant's appeal against two case management decisions made in preparation for a fact-finding hearing, namely, that certain witnesses would not give oral evidence at trial, and, save in one respect, dismissed his appeal against the findings of fact themselves. 

Company – Scheme of arrangement. The Chancery Division adjourned a hearing to convene a single class of creditors to consider a scheme of arrangement in respect of the applicant company, Indah Kiat International Finance Company B.V. Among other things, it considered that 14 days was inadequate notice for a convening hearing for a scheme of the present type, which was neither simple nor straightforward. Even if the notice to the creditors had been adequate, an order convening a single meeting of scheme creditors would not have been made because the evidence adduced by the company as to the appropriate composition of the scheme meetings and draft explanatory statement were materially deficient in their current form. 

Criminal law – Wounding with intent. The Court of Appeal, Criminal Division, held, that following a Goodyear indication, a sentence of 18 months' imprisonment for wounding with intent, contrary to s 18 of the Offences Against the Person Act 1861, had been unduly lenient. The offender's mitigation had not been sufficient to have justified a departure from the Sentencing Council's Definitive Guidelines: Assault. Consequently, the sentence would be quashed and substituted for a term of five years' imprisonment. 

Immigration – Leave to remain. The Administrative Court dismissed the claimant Indian nationals' application for judicial review of the defendant Secretary of State's refusal of the first claimant's application for further leave to remain. The decision had not been a nullity, as an abuse of power and the claimants had not been unlawfully detained.