Latest Cases

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. 

Misrepresentation – Damages. The Chancery Division allowed the claimant company's claim in deceit in part. It held that a former employee of the defendant, D, had made a number of deceitfully high rental valuations for properties in a development. A number of communications between the parties had, generally, not created a break in the chain of causation. The claims were made out in the case of three out of the four groups in the proceedings. 

Parent and child – Contact – Parental rights and responsibilities. Court of Session: Allowing a mother's appeal and refusing a father's cross-appeal in a case in which the sheriff principal had allowed the father's appeal against a sheriff's interlocutor depriving him of all his parental rights and responsibilities in relation to a child and refusing to make a contact order, the court did not support the sheriff principal's decision that there should be contact as directed by the court, and was not satisfied that he was entitled to substitute suspension for deprivation of the defender's parental rights and responsibilities; it also rejected contentions that the sheriff was wrong and unreliable in his approach to parental rights and responsibilities associated with contact and that he had shown apparent bias. 

Extradition – Human Rights – Right to family life. Sheriff Court: Discharging a European Arrest Warrant in a case in which the German authorities sought the extradition of a Gambian national who was the mother of five children, one of whom was suffering from acute lymphoblastic leukaemia, to serve a 40-month prison sentence for drug trafficking, the court held that on balance the evidence led and the facts established revealed one of those genuinely rare and exceptional cases where the respondent's extradition to Germany would very likely, if ordered, have such a severe impact on the sick child as to constitute an unjustified and disproportionate interference with his and the respondent's right to a family life together and would accordingly be incompatible with their rights under art 8 of the European Convention on Human Rights. 

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. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, held that para 322(1A) of the Immigration Rules was not ultra vires. The Immigration Rules did not constitute 'rules' in the sense that a statute or a statutory instrument did, but it was not the case that they were statements of policy, subject to all the public law constraints on policies and discretionary powers, including the non-fettering principle. Further, although para 322(1A) of the Immigration Rules was in mandatory terms, the Secretary of State might depart from it by making a decision more beneficial to an applicant such as to grant discretionary leave to remain 'outside the rules' when the Immigration Rules provided that leave should not be given. 

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. 

Environment – Protection. The Administrative Court dismissed the claimants' application for judicial review of the removal of the exemption for renewable source electricity from the climate change levy. The defendants had not promoted any legitimate expectation in the claimants to the effect that the exemption would not be withdrawn without providing a lead time of two years or equivalent value and the decision had been proportionate.