Latest Cases

Costs – Employment tribunal. The Employment Appeal Tribunal allowed the employee's appeal against an award of costs made against him by the employment tribunal. The EAT found that the tribunal had erred in law as it was not possible to tell from the tribunal's reasons whether it had taken into account a potentially relevant matter, namely the employee's means. The matter was remitted to the tribunal. 

European Union – Reference to European Court. The Court of Justice of the European Union held, on a preliminary ruling, that Council Directive (EEC) 91/477 (on the control of the acquisition and possession of weapons), as amended by Council and European Parliament Directive (EC) 2008/51, should be interpreted as not precluding national legislation, such as that which was at issue in the main proceedings, which authorised the issue of a European firearms pass only to holders of weapons used for hunting and target shooting purposes. 

Crown – Prerogative. The Court of Appeal, Civil Division, dismissed the Project Management Institute's appeal against the dismissal of its application for judicial review of the decision by a committee of the Privy Council to recommend to the Queen in Council that a Royal Charter should be granted to the Association for Project Management. The judge had reached the right conclusion on the substantive grounds of challenge to the decision. 

Sentence – Imprisonment. The offender was sentenced to four years' imprisonment for manslaughter arising from a single punch with a bare fist. The Attorney General brought a reference pursuant to s 36 of the Criminal Justice Act 1988. The Court of Appeal, Criminal Division held that the sentence had not been one which could be described as unduly lenient and had been one which had been within the range reasonably available to a trial judge. 

Riot – Damages – Compensation. Court of Session: Refusing reclaiming motions in two actions by the owners and operators of a secure residential facility who sought to recover their losses from the local authority resulting from an incident at the school which they described as a riot, the court held that the pursuers had not failed to relevantly aver a case of entitlement to compensation under s 10 of the Riotous Assemblies (Scotland) Act 1822, as the phrase 'unlawful, riotous or tumultuous assembly', as used in s 10 could apply to the events at the school and the pursuers could qualify as 'parties injured' in terms of s 10. 

Human Rights – Infringement of human rights. The present proceedings concerned the assessment of damages for the defendant Metropolitan Police Commissioner's breach of the Human Rights Act 1998, by failing to conduct an effective investigation into the rapes and other sexual assaults carried out by a third party. The Queen's Bench Division, taking into account the claimants' settlement of proceedings against the third party and damages awarded by the Criminal Injuries Compensation Authority, awarded the first claimant £22,250 and the second claimant £19,000. 

Company – Director. The Companies Court dismissed the claimant's appeal against an order disqualifying him from acting as a director of a company for 12 years. The order was not obtuse or conceptually incoherent as alleged by the claimant. Further, the registrar's judgment in relation to the length of disqualification was in accord with principle and authority. 

Commons – Registration. The Supreme Court considered the issue of whether land in Whitby should be registered as a town or village green under s 15 of the Commons Act 2006. At first instance, and on appeal, it was held that the land should not be registered. The appellant appealed to the Supreme Court. The Court held that, since members of the public had been entitled to go onto and use the land, provided that they used it for the stipulated purpose in s 12(1) of the 1985 Act, namely for recreation, and that they did so in a lawful manner, the appeal would be dismissed. Further, the court considered the case of R (on the application of Beresford) v Sunderland City Council[2004] 1 All ER 160, and held that it was flawed and could no longer be relied upon. 

Crown – Prerogative. The claimant sought judicial review of the defendant Secretary of State's rejection of her application for a replacement passport. The Secretary of State contended that the claimant was not who she claimed to be, but was the sister of that person. The Administrative Court, in dismissing the application, held that the claimant had not discharged the burden upon her to establish that she was who she said she was and that she was entitled to British citizenship. Accordingly, she was not entitled to a passport. 

Unfair dismissal – Determination whether dismissal fair or unfair. The employment tribunal upheld the employee's complaint of unfair dismissal, subject to a 75% deduction under the Polkey principles and 75% contribution and dismissed his complaint for wrongful dismissal. The Employment Appeal Tribunal, in allowing the employee's appeal, held that the tribunal had erred by failing to make specific findings of fact as to the misconduct alleged against the employee, both in relation to contributory fault and wrongful dismissal. Accordingly, those matters would be remitted to the same tribunal for reconsideration.