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. 

Electricity transmission – Wayleaves – Temporary continuation of wayleaves. Court of Session: Dismissing an action in which the pursuer sought damages for encroachment by reason of the presence of the defender's equipment on a site between 27 September 1997, when the pursuer entered into possession of the site, and 13 August 2014, when the Scottish Ministers granted a necessary wayleave in the defender's favour, the court held that when effect was given to what it considered to be the proper construction of para 8 of Sch 4 to the Electricity Act 1989, the pursuer's claim, relying as it did on the proposition that on a pre-existing wayleave ceasing to be binding on a change of ownership the presence of an electric line on land became an encroachment and as such actionable in damages, was irrelevant. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division struck out the claimant's claim in libel on the basis of s 32A of the Limitation Act 1980. Following the expiry of a stay there had been an unexplained period of delay in a case which was in any event weak and one which the claimant was seeking to expand. 

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. 

European Union – Freedom to provide services. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 56 of the Treaty on the Functioning of the European Union and art 8 of Directive (EC) 98/34/, as amended by Directive (EC) 98/48. The request had been made in the context of two joined sets of criminal proceedings brought against Ms Ince, who was alleged to have acted as an intermediary, without the authorisation of the competent authority, in sporting bets within the territory of the state of Bavaria. 

European Union – Action for annulment. The General Court of the European Union dismissed the action by Italian International Film Srl (IIFS) for annulment of the decision rejecting the application by IIFS for a grant for the film 'Only God Forgives' following call for proposals EACEA/21/12 MEDIA 2007 — Support for the transnational distribution of European films — the 'Selective' scheme 2013, published by the Education, Audiovisual and Culture Executive Agency pursuant to Decision (EC) No 1718/2006. 

Conflict of laws – Foreign proceedings. The Technology and Construction Court set aside a claim by the claimant English company for payment for services provided in connection with the operation of a mine in Sierra Leone 

Criminal law – Trial. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against conviction for having an offensive weapon, ruling that the act of bringing a cricket bat from his home into the street with an intention to use it to cause injury to those involved in an affray nearby fell within the ambit of s 1(4) of the Prevention of Crime Act 1953. Accordingly, the judge had not erred in rejecting a submission of no case to answer. 

Immigration – Deportation. The Court of Appeal, Civil Division, in dismissing the appellant's appeal against the dismissal of his appeal against the respondent Secretary of State's decision to make a deportation order against him, rejected the submission that, having recognised the appellant as a refugee, it had not been open to the Secretary of State to deport him without having taken steps to 'cessate' his refugee status. There was no proper basis for the assertion that past refugee status (of itself) raised a presumption of ill-treatment under art 3 of the European Convention on Human Rights on return. 

Extradition – Extradition order. The Administrative Court dismissed the appellant's appeal against orders for his extradition to Poland to face trial for 56 offences, including fraud and forgery, said to have been committed between April 1999 and March 2001. The offences had been adequately particularised, extradition was not oppressive due to the passage of time, and the private life of the appellant and his family had been outweighed by the public interest in extradition.