Latest Cases

Immigration – Deportation. The Court of Appeal, Civil Division, in dismissing the Secretary of State's appeal in a deportation case, held that, although the tribunals below had been wrong to conclude that the respondent Italian national had acquired a right of permanent residence in the United Kingdom, under reg 15 of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003, the error had not been material to the outcome and there was, therefore, no basis upon which to set aside the determination of the Upper Tribunal (Immigration and Asylum Chamber). 

Constitutional law – Foreign sovereign state. The Queen's Bench Division ordered that a Nigerian judgment, which awarded the claimants special damages for the equivalent of approximately £400m, be registered against the third defendant as a judgment in the Queen's Bench Division. However, the court dismissed the claimants' application to register the judgment against the first and second defendants, the President of the Federal Republic of Nigeria and the Attorney General of the Federation respectively, where, on the true construction of the State Immunity Act 1978, the first and second defendants were immune from the jurisdiction of the court. 

Child – Care. The Family Court held that the only way in which the future of a 12-year-old boy could be safeguarded was by making him a ward of court. He could not be made a ward whilst he was subject to an interim care order and so that order would be discharged. For the same reasons, it was contrary to his welfare to allow care proceedings to continue and, accordingly, the local authority was given permission to withdraw its application for a care order. 

Consumer law – Defective products – Negligence – Duty of care. Court of Session: Sustaining the defenders' plea to the relevancy and granting decree of dismissal in an action in which the pursuers, whose clubhouse was extensively damaged when an electric golf trolley which was left overnight in a locker room caught fire sought reparation from the importers and suppliers of the trolley, the court held that 

European Union – Rules on competition. The Court of Justice of the European Union dismissed the appeal by Toshiba Corporation (Toshiba), asking the Court to set aside the judgment of the General Court of the European Union of 21 May 2014 in Toshiba v Commission (T‑519/09, whereby the General Court had dismissed Toshiba's action for annulment of Decision C(2009) 7601 final of the European Commission of 7 October 2009 relating to a proceeding under art 81 EC in respect of Toshiba's participation in an unlawful cartel in relation to the market for power transformers. 

Town and country planning – Permission for development. The Administrative Court dismissed the claimant's application for judicial review of the defendant local planning authority's grant of planning permission for an extensive development of two sites. A heritage contribution, pursuant to an agreement under s 106 of the Town and Country Planning Act 1990, was lawful, the authority had given sufficient reasons and the conclusion that the authority had been unable to demonstrate a five-year supply of housing had been justified. 

Family proceedings – Orders in family proceedings. The Family Division refused to exercise its discretion in relation to an application by the husband to set aside an order for payment of child maintenance based on the service provisions in that order. Over two years had elapsed before the husband had taken the point on service, although he had taken many other meritless points about the validity of the order all of which had been dismissed. 

Company – Articles of association. The Chancery Division held that the proper construction of the claimant companies' articles of association had been to value the defendants' minority shareholdings on the basis of a pro rata proportion of the value of the whole equity of the claimants. In addition to publicly available information, the accountants undertaking the valuation of the shares were also entitled to further available information which related to the companies. 

Value added tax – Exemptions. The Court of Appeal, Civil Division, dismissed the appellant taxpayer's appeal against the decision of the Upper Tribunal (Tax and Chancery Chamber) upholding the decision of the First-tier Tribunal (Tax Chamber) that it was not an 'eligible body' for the purposes of Note (1)(b) of Group 6 in Sch 9 to the Value Added Tax Act 1994. Even though it was supplying educational services, the taxpayer failed to meet the European Union law-compliant supplier condition for the education exemption. 

Immigration – Leave to remain – Right to family life. Court of Session: Granting a judicial review petition by an Indian citizen, challenging the refusal of his application for leave to remain in the UK as the spouse of a British citizen, the court held that the respondent had not shown by her refusal letter that proper consideration had been given to the whole circumstances of the case, either within the Immigration Rules or outside of them.