Latest Cases

Pension – Pension scheme. Th Chancery Division held, among other things, that, in respect of the Arcadia Group Pension Scheme and the Arcadia Group Senior Executives Pension Scheme, the definitions of retail price index (RPI), applicable in respect of the schemes, operated to confer powers to select an index other than RPI, and that such power of selection was exercisable by the principal employer under the schemes and the trustee of the relevant scheme jointly. 

Solemn procedure – Time bar. High Court of Justiciary: In an appeal by the Crown in a case in which the respondent was charged on indictment with a sexual offence, the court held that having determined that it was in the interests of justice that the trial diet required to be adjourned it was not open to the sheriff to determine that it was not in the interests of justice to extend the 12-month time bar to enable a new trial to take place. The court also made observations with a view to encouraging a different approach to first diets and one more in keeping with their essential purpose of determining any preliminary pleas or issues. 

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. 

Employment – Equality of treatment of men and women. The employment tribunal, in considering the employee's claim for equal pay, found that the employee's work had been of equal value to that done by a male comparator and that the employer had failed to make out the genuine material factor (GMF) defence. The Employment Appeal Tribunal, in dismissing the employer's appeal, held, inter alia, that the tribunal's findings had not been shown to be unsupported by evidence nor contrary to the agreed evidence. It had been entitled to conclude that the GMF defence had not been made out. 

Value added tax – Exemptions. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) ruled on an appeal by Bookit Ltd against a decision of the Revenue and Customs Commissioners which had decided that the taxpayer's services consisting of credit and debit card handling fees charged by the taxpayer to customers making advance bookings for cinema tickets at Odeon cinemas, were not exempt within 

Immigration – Detention. The claimant immigration detention charity issued judicial review proceedings, challenging the lawfulness of the defendant Secretary of State's policy and practice in the operation of the detained fast track (DFT) for the detention of some asylum seekers while their asylum claims were determined. The Administrative Court held that the various shortcomings in the DFT process required the early instruction of lawyers absent from the process. That was sufficiently significant that the DFT carried too high a risk of unfair determinations for those who might be vulnerable applicants. 

Mental health – Court of Protection. The patient executed a lasting power of attorney in favour of her son. The local authority sought to revoke the LPA. The son objected. The Court of Protection allowed the authority's application and also gave permission to appoint a panel under the Mental Capacity Act 2005. 

Employment – Continuity. A local authority changed to a new contractor, the appellant, for gas servicing work. The appellant accepted that some, but not all, staff transferred from the old contractor, the second respondent. The remaining employees brought unfair dismissal claims. The employment tribunal found that those employees had been transferred and, accordingly, had been unfairly dismissed. The Employment Appeal Tribunal, in allowing the appeal, held, inter alia, that the tribunal had failed to give adequate reasons as to why it had considered that the relevant employees had been assigned to an organised grouping in relation to the transferred work. 

Immigration – Asylum – Fresh claim. Court of Session: Dismissing a judicial review petition by a failed Iraqi asylum seeker challenging a decision refusing to treat his further submissions as a fresh claim, the court, inter alia, rejected contentions that the decision-maker had taken an irrelevant matter into account, had failed to consider that another immigration judge might depart from country guidance, had provided no proper analysis of the new material, and had failed to apply anxious scrutiny. 

Practice – Summary judgment. The claimant bank was granted summary judgment upon its claim against the defendant, relying on the issue estoppel created by the court in an earlier judgment in the proceedings. In light of a subsequent decision by the Court of Appeal, it had become apparent that there was no such issue estoppel. Accordingly, the parties returned to the Commercial Court. The claimant sought that the court require the defendants to pay a sum of money into court or to make an interim payment to the claimant. The Commercial Court declined to order an interim payment or that a sum of money be paid into court.