Latest Cases

Family proceedings – Orders in family proceedings. The Family Division held that the local authority had not persuaded the court of the central core of its case against the mother that she was a radical fundamentalist and therefore her children would be restored to her. 

Appeal – Sentence. The Court of Appeal, Criminal Division, held that a fine of £500 for a sexual assault offence had been unduly lenient. The judge had erred in his sentencing approach by departing from the applicable Sentencing Council's Definitive Guidelines. In consideration of all the circumstances, a sentence of ten months' imprisonment was imposed for a category 1A sexual assault offence. 

National health service – Health authority. The Administrative Court dismissed the claimant's challenge, arguing that the defendant public authorities had failed to discharge the duty imposed upon them by s 3(1) of the National Health Service (Wales) Act 2006 to provide hospital accommodation throughout Wales. The claimant had failed to establish that the defendants had acted unlawfully. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division made decisions around disclosure in relation to a personal injury case brought by the claimant prison officer against his former employer in the context of a large police investigation into crimes by staff at the prison. 

Town and country planning – Permission for development. The Planning Court dismissed the claimant's proceedings for judicial review of the defendant local planning authority's grant of planning permission to develop the former home of Sir Arthur Conan Doyle, which was a grade 2 listed building. There had been a history of consideration of other viable uses of the home, none of which had ever been achieved or realised in practice. 

Local government – Council tax. The Administrative Court quashed the decision of the defendant magistrates' court to impose a liability order against the claimant to enforce payment of unpaid council tax, with costs and to refuse to state a case in respect of the liability order. The judge had not had sufficient information to determine the costs order and, as that element of the liability order fell away, the balance which had gone to make up the aggregate had also. 

Solicitor – Fees. The Mercantile Court granted the claimant solicitors' firm summary judgment in respect of a counterclaim made against it. In the circumstances, it held that the pleaded heads of the counterclaim had no real prospect of success. 

Covenant – Breach. The County Court determined that the claimant was entitled to damages and injunctions in some of his claims against his neighbour in respect of breaches of covenants contained in the conveyance of the land. 

Court of Protection – Practice. The Court of Protection continued an injunction, prohibiting the identification of C, until 4:30 on the day that judgment was handed down on the basis that the media respondents wished to adduce further evidence and make further representations. The respondents would have a sensible opportunity to be satisfied that what they had put before the court was the full picture concerning their arguments about the public interest in identification, in particular, the public interest in the administration of justice. 

Medical treatment – Adult patient. The Queen's Bench Division held that the case that the claimant had not been properly made aware of the nature of particular surgery, or any data about it, so that she had not given truly informed consent, had not been made out and, accordingly, the claim against the defendant NHS trust failed.