Latest Cases

Rates – Valuation list. The Court of Appeal, Civil Division, dismissed the appellant's appeal against a decision of the Upper Tribunal (Lands Chamber), dismissing its appeal against a decision of the Valuation Tribunal for England, that an alteration to the 2005 rating list to include the property as a new hereditament, with a rateable value of £62,500, took effect from 1 April 2005, the day on which the 2005 list had come into force. 

Immigration – Asylum seeker. The Administrative Court allowed the claimant Sri Lankan national's claim for judicial review of the defendant Secretary of State's decision, finding that his further representations did not constitute a fresh claim for asylum. It was irrational for the Secretary of State to have concluded that there had not been a realistic prospect that an immigration judge would find that the claimant's risk of suicide could not be reasonably managed in Sri Lanka. 

European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that Regulation (EU) No 1308/2013 should be interpreted as not precluding a national measure, such as that at issue in the main proceedings, which imposed a minimum price per unit of alcohol for the retail selling of wines, provided that that measure was in fact an appropriate means of securing the objective of the protection of human life and health and that, taking into consideration the objectives of the common agricultural policy and the proper functioning of the CMO, it did not go beyond what was necessary to attain that objective of the protection of human life and health. 

Landlord and tenant – Leasehold enfranchisement. The Court of Appeal, Civil Division, allowed in part an appeal against a decision of the Upper Tribunal (Lands Chamber) in respect of the demised premises under a leaseback pursuant to Pt IV of the Leasehold Reform Housing and Urban Development Act 1993. The tribunal had erred in giving insufficient reasons for its decisions and the court remade the decision and defined the extent of the demise to be granted under the leaseback. It held that, beyond identifying in the counter-notice the flat or other unit that was sought to be the subject of a leaseback, there was no need for a reversioner also to spell out in the counter-notice any of his proposed terms of the leaseback. 

Children and young persons – Jurisdiction. The Family Division held that where there had been wrongful retention by the father of the children in Somalia that wrongful retention did not change the fact that the children had habitual residence in the United Kingdom and therefore the courts of England and Wales had jurisdiction in regard to an application to return the children to the UK having regard to Council Regulation (EC) 2201/2003. 

Town and country planning – Permission for development. The Planning Court dismissed the claimant company's challenge to the decision of the inspector appointed by the defendant Secretary of State, refusing planning permission for a mixed use development, including a supermarket, apartments and townhouses. The inspector's decision was short, clear, succinct and, having regard to the applicable principles, showed no evidence of unlawfulness or irrationality. 

Local government – Statutory powers. The Administrative Court dismissed the claimant autistic 15-year-old's judicial review proceedings, alleging that the defendant local authority's assessment had underestimated his and his mother's needs, and had failed to make proper provision for how those needs were to be met. Further, the authority had not breached its statutory duty to produce a care plan, as it would have been premature until the present proceedings had been determined. 

Customs and excise – Duties. The Court of Appeal, Civil Division, dismissed the appellant taxpayer's appeal concerning the correct treatment and classification for customs purposes of certain specialised military clothing imported by the appellant, in respect of which it claimed to be entitled to relief from import duty. 

Contract – Implied term. The Chancery Division held, among other things, that the second defendant company was obliged under the terms of a lease to provide 280 spaces at a site at Heathrow airport. An order for specific performance was granted in favour of Heathrow Airport Ltd. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court partially allowed the appellant's appeal against the finding professional misconduct by the Conduct and Competence Committee (the panel) of the respondent Nursing and Midwifery Council. The panel's approach to the question of credibility and reliability was so undermined that, in fairness, its adverse findings could not be allowed to stand.