Latest Cases

Criminal evidence and procedure – Admissibility of evidence – Prejudicial publicity. High Court of Justiciary: Refusing appeals by two appellants who were convicted after trial of carrying out a fraudulent scheme, the court held that a sheriff had not erred in repelling an objection to the Crown leading evidence of parts of a co-accused's police interview, nor had he erred in refusing a motion to desert the trial following publication by the Scottish Government of a news release concerning human trafficking during the trial. 

Adoption – Order. The Family Court considered an application by the daughter of an adopted person seeking access to the original court file relating to her father's adoption. The court considered r 14.24 of the Family Procedure Rules 2010 (and its statutory predecessor), on which there was no direct authority, and held that, in circumstances, the application should be granted. 

Immigration – Asylum seeker. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision that her representations, relying upon art 8 of the European Convention on Human Rights, did not amount to a fresh claim for asylum. The Administrative Court, in dismissing the application, held that the Secretary of State had addressed herself to all of the relevant considerations and had formed a view which was not one which was irrational or untenable. Further, the claimant had not established a private life of sufficient strength to lead to the Secretary of State's decision being overturned. 

Pleading – Amendment. The defendant company sought to amend its CPR Pt 20 breach of contract claim against the third party company to include a negligence claim. The Queen's Bench Division, in allowing the application, held that, although the claim was statute-barred, the new claim framed in negligence arose out of the substantially the same facts. The factors against the exercise of discretion to amend were outweighed and the defendant would be permitted to amend, pursuant to CPR 17.4(2). 

European Union – Rules on competition. The Court of Justice of the European Union (the Court) dismissed the appeal by FLS Plast A/S (FLS Plast) in which FLS Plast had asked the Court to set aside the judgment of the General Court of the European Union in Plast v European Commission (Case T‑64/06) by which the General Court had dismissed in part its action for annulment of Commission Decision C(2005) 4634 final relating to a proceeding pursuant to art 81 EC or, in the alternative, for reduction of the fine which had been imposed upon FLS Plast by that decision. 

Medical practitioner – Professional misconduct. The appellant registered nurse appealed against the decision of a panel of the Conduct and Competence Committee of the respondent Nursing and Midwifery Council (the panel), finding that his fitness to practice was impaired by reason of misconduct and suspending his registration for 12 months. The Administrative Court, in allowing the appeal, held that the panel had failed to conduct a careful balancing exercise in admitting the witness statements of absent witnesses and had failed to consider their credibility or reliability. Further, the findings in respect of a third witness could not stand and the decision would be quashed with no direction for a rehearing. 

Contract – Construction. The claimant sought declarations as to the entitlement of the defendant to terminate a licence agreement. The Technology and Construction Court held that on a true construction of the licence agreement, BAE was entitled to terminate the licence agreement for convenience on notice under the provisions the enabling agreement which governed the licence agreement.t 

Damages – Personal injury. The claimant had been a learning support assistant whose duties had included pushing a student in her wheelchair. The claimant sustained a soft tissue injury that caused her chronic pain in her shoulder and back. Her claim for damages for personal injury from the school was dismissed, with the recorder finding that there had been no breach of reg 4 of the Manual Handling Operations Regulations 1992, SI 1992/2793. The Court of Appeal, Civil Division, held that there had been no error in the recorder's approach, reasoning or conclusion and dismissed the appeal. 

Employment – Jurisdiction. The employment tribunal, in considering claims of unfair dismissal and sexual orientation discrimination, held that it did not have territorial jurisdiction as the employee, a US citizen who worked in the United Kingdom for about half of his time, did not have employment with sufficient connection to the United Kingdom. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that there had been no error of law. 

Immigration – Asylum – Victim of trafficking. Court of Session: In judicial review proceedings by a Nigerian asylum seeker who claimed to be a victim of trafficking and forced prostitution, seeking reduction of decisions to certify her asylum claim as one appropriately requiring removal to Italy and to issue removal directions, the court held that, on the basis that the transfer provisions of Council Regulation (EC) 343/2003 ('Dublin II') were engaged the Secretary of State had failed to exercise the residual discretion available under art 3(2) of Dublin II by considering the risk that the petitioner's rights under art 4 of the European Convention on Human Rights would be breached on return to Italy by exposure once again to forced prostitution.