Latest Cases

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. 

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. 

Mental health – Court of Protection. The Court of Protection, on an application for reconsideration of an earlier decision appointing a solicitor as an interim deputy for R's property and affairs, held that, in the circumstances, it would be in R's best interests to appoint a panel deputy. 

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. 

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. 

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. 

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. 

Bankruptcy – Appeal. The Chancery Division, in dismissing an appeal against a bankruptcy order, held that there had been a clear and careful judgment by the district judge, who had reached a decision that had been well open to her on the evidence. 

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. 

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.