Latest Cases

Mental health – Human rights. Court of Session: Allowing a reclaiming motion in judicial review proceedings by a patient who was detained indefinitely in the State Hospital, challenging a decision to implement a comprehensive ban on smoking there, the court held that the Lord Ordinary had erred in holding that the respondents did not have the power to implement the prohibition on smoking under the National Health Service (Scotland) Act 1978, and in holding that art 8 of the European Convention on Human Rights was engaged, or, if it was, that there had been disproportionate interference with the petitioner's rights. 

Unfair Dismissal – Constructive Dismissal. The employment tribunal had rejected the employee's claim for unfair constructive dismissal in circumstances where he had given seven months' notice of termination following the alleged breach of contract. The employee's appeal to the Employment Appeal Tribunal raised a short question of law in relation to s 95(1)(c) of the Employment Rights Act of 1996 as to whether the common law concept of affirmation applied in circumstances where an employee resigned giving notice exceeding the contractual minimum period of notice. 

War – Prisoners of war. The claimant sought judicial review of the defendant Secretary of State's policy, authorising 'challenge direct' for use in the interrogation of persons captured by United Kingdom forces in situations of armed conflict. The Divisional Court dismissed the application and the claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the conduct authorised by the policy did not constitute inhumane treatment, coercion, threatening or insulting conduct, or unpleasant or disadvantageous behaviour. Further, there was nothing inherent in the policy which gave rise to an unacceptable risk of unlawful conduct. In any event, the claimant lacked standing to bring the proceedings. 

Unfair Dismissal – Right not to be unfairly dismissed. The Employment Appeal Tribunal (EAT) allowed the employee's appeal against a decision of the employment tribunal that the employer's letter terminating the employee's employment on the basis that he had reached retirement age had complied with the relevant provisions of the Employment Equality (Age) Regulations 2006, SI 2006/2408. The EAT decided that the letter had not complied with those provisions and that the form for request of extension of employment beyond retirement age which had accompanied that letter had also failed to comply with those provisions. 

Costs – Order for costs. The claimant bank withdrew proceedings for possession against P. A dispute arose as to whether costs should be paid by the bank on the standard basis or the indemnity basis. The Chancery Division held that, on the evidence, the bank had not acted for a collateral purpose that had been beyond its abilities, and its proceedings had not been an abuse of the process of the court. Consequently, costs would be awarded on the standard basis. 

Immigration – Detention. The Administrative Court dismissed the claimant's application for judicial review of his immigration detention and the defendant Secretary of State's refusal of accommodation under s 4 of the Immigration and Asylum Act 1999. On the evidence, the claimant could have accommodated himself, and the Secretary of State had correctly judged when the time had come for release and had not acted unlawfully in having failed to release the claimant earlier. 

Value added tax – Input tax. The Upper Tribunal (Tax and Chancery Chamber) ruled on issues arising out of the appeal by the South African Tourist Board (SAFT), which had a branch in the United Kingdom, against a decision of the Revenue and Customs Commissioners (England and Wales), rejecting the taxpayer's claim to recover UK VAT incurred on supplies made to it in the UK. 

European Union – Public procurement. The Court of Justice of the European Union made a preliminary ruling in which it held that, on a proper construction of art 2d(4) of Directive 89/665, where a public contract was awarded without prior publication of a contract notice in the Official Journal of the European Union, but that was not permissible under Directive 2004/18, the contract could not be declared ineffective, if the conditions laid down in that provision were, in fact, satisfied, which it was for the referring court to determine. 

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. 

Insurance – Broker. The Commercial Court dismissed the claimant's claim for breach of contract and/or negligence against the defendant insurance brokers in circumstances where the claimant's business was found to be grossly under-insured following a fire.