Latest Cases

Employment tribunal – Procedure. In dismissing an employee's appeal, the Court of Appeal, Civil Division, confirmed that the practice of employment tribunals to consult between themselves after the hearing and for the decision to be written by the employment judge alone, without a draft being provided to the lay members, if properly followed, was a legitimate procedure which satisfied the requirement that the decision and reasons should record the conclusions of all members of the tribunal. 

Judicial review – Pharmaceutical services. Court of Session: In judicial review proceedings in which the owners of a pharmacy challenged a health board's decision authorising a medical group to provide dispensing services to all its registered patients residing in certain communities, the court held that the challenge was not barred by mora, taciturnity and acquiescence, and the decision was unlawful because the respondents misdirected themselves as to the proper construction and application of paragraph 44 of Sch 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 and because the review and decision-making processes were conducted in a manner which was procedurally unfair to the petitioners. 

Sentence – Drug offences. Sixteen defendants appealed against the sentences imposed on them for their part in a conspiracy to supply large quantities of Class A drugs to crime groups for onward distribution. The Court of Appeal, Criminal Division, in dismissing the appeals, held that the judge had correctly used the descriptors within the sentencing guideline for leading, significant and lesser roles for the purposes of distinguishing between the roles played by different defendants. The sentencing exercise had received detailed consideration both of the facts and the approach to sentencing in the area. 

Solemn procedure – Time bar – Twelve-month rule. High Court of Justiciary: Refusing an appeal by an appellant whose trial in July 2013 on a charge of assault was adjourned to the October 2013 sitting because of the complainer's absence from the country, and who appealed against a sheriff's decision on the last day of that sitting to grant the Crown's motion to adjourn the trial again 'due to pressure of business', the court held that that sheriff had correctly exercised his judgment that sufficient reason had been shown for an extension of the time bar, as there was no contention that when the case was allocated in July for trial at the October sitting it was anticipated that it would not take place, and it did not take place because of a combination of factors, including the unexpected overrunning of another trial. 

Medicine – Product licence. The claimant issued judicial review proceedings on the basis that, when conducting a re-inspection, the Medicines and Health Care Products Regulatory Agency (the MHRA) was knowingly gathering evidence in the context and for the purpose of infringement proceedings which had been brought against it under Commission Regulation (EC) 658/2007. The Administrative Court, in dismissing the application, held that it could not declare that the MHRA's response to the European Medicines Agency's requests under art 8(3) of the Regulation had been unlawful or rule substantially rule on the contention that the material provided contained errors. Further, the MHRA's conduct had not been procedurally improper and unlawful in failing to advise the claimant of the potential use of the information. 

Gaming – Lawful and unlawful gaming. The claimant casino issued proceedings to recover £1m on unpaid cheques provided by the defendant in exchange for chips, which she had lost. The Queen's Bench Division, in allowing the claim, held that there had been no unlawful giving of credit to the defendant. Further, the defendant had not established any claim in negligence, as it was not fair, just and reasonable that the law should impose a duty of care on the claimant to prevent her from using her cheque cashing facility. 

Family proceedings – Orders in family proceedings. The child S, died in hospital. Post mortem investigations found that she was suffering from a number of injuries usually associated with non-accidental trauma, such as bone fractures, a scalp injury and intra-cranial bleeding. In addition, S, suffered from a number of conditions, all linked to a unique combination of genetic abnormalities. Following a fact finding hearing, the Family Division held that the local authority had not proven on a balance of probabilities that S's injuries had been inflicted non-accidentally. 

Income tax – Additional assessment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the taxpayer director's appeal against six assessments issued against him pursuant to s 29 of the Taxes Management Act 1970 for the years 2003/04 to 2008/09. The tribunal decided that, contrary to the argument put forward by the taxpayer, there had been a discovery by the relevant officer for the purposes of s 29 of the Act. Accordingly, the appeal in regard to all six years was allowed to proceed to a substantive hearing. 

Nuisance – Sewer. During construction work in Newcastle, concrete used to make building supports by the defendant company escaped into a sewer controlled by the claimant company. The claimant brought proceedings in nuisance and negligence. The Technology and Construction Court dismissed the claim. The claimant appealed. The Court of Appeal, in dismissing the appeal, held that the judge had not erred in dismissing the claim. 

Family proceedings – Orders in family proceedings. There were proceedings concerning a family of Turkish/Cypriot origin that had been broken apart as a result of allegations of extreme violence perpetrated by the father. In a fact finding hearing the Family Division held that the mother and daughters' allegations had been made out and the case had been proved on the balance of probabilities.