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. 

Company – Scheme of arrangement. The Companies Court, on Codere Finance (UK) Ltd's application for an order sanctioning a scheme of arrangement, held that both the formal requirements for sanctioning the scheme had been met and, in all the circumstances, it was appropriate to exercise the discretion to sanction the scheme. In the circumstances, it could not be seen that the fact that the company had been acquired only recently, and with a view to invoking the scheme jurisdiction, should cause the court, in the exercise of its discretion, to decline to sanction the scheme. 

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. 

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. 

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. 

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. 

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. 

Prison – Prison conditions. The Administrative Court dismissed the claimant prisoners' challenge to the defendant Secretary of State's decisions, refusing them an oral hearing to determine their continued need to be held in category A. Nothing had been demonstrated which showed the Secretary of State's reasoning in refusing to hold an oral hearing had been so flawed or lacking as to be wrong. 

Appeal – Sentence. The Court of Appeal, Criminal Division, held that a sentence of 21 months' imprisonment, suspended for two years, for convictions on four counts of indecent assault on a male person, contrary to s 15(1) of the Sexual Offences Act 1956, had been unduly lenient. In the circumstances, an immediate custodial sentence of 42 months' imprisonment was imposed for each of the convictions, to run concurrently. 

National health service – Hospital. The Administrative Court dismissed the claimant's proceedings, seeking judicial review of the defendants' decision, identifying one hospital, as opposed to another, as one of the four specialist hospitals in the proposed redesign of hospital services. The decision had not been procedurally flawed and unfair, infringed the legitimate expectation arising from the consultation process or been substantively illegal, as having been a perverse decision which had been unreasonable in the Wednesbury sense.