Latest Cases

Criminal law – Assault. The Administrative Court dismissed the claimant's challenge to a simple caution administered on her by the defendant Metropolitan Police Commissioner for an alleged offence of assault occasioning actual bodily harm. The Commissioner had not breached para 76 of the Ministry of Justice guidance 'Simple Cautions for Adult Offenders' by having stated that the alleged victim had had a broken nose, when it had only been suspected that her nose had been broken. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed an appeal by prospective adopters against an order that a child should be removed from their care and returned to the care of her father. Both the hearing itself and parts of the judge's analysis had been flawed to such an extent that the outcome could not safely be relied upon and, accordingly, the order would be set aside and the welfare issue determined afresh by a different judge. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division, on a case management hearing, made a decision regarding where and in what manner certain claimants would give evidence. The court based its decision on the overriding objective, security concerns with the taking of depositions in Kenya and costs issues. 

Disclosure and inspection of documents – Order for disclosure. The Commercial Court dismissed applications by the claimant company for specific disclosure and further information from the defendant, Barclays Bank plc, against which a claim had been brought for allegedly mis-selling an interest rate swap. The court was not satisfied that the documents would be relevant and, therefore, admissible as similar fact evidence. Further, to require Barclays to undertake the search and disclosure exercise proposed would be disproportionate and oppressive. 

Sentence – Appeal. The Court of Appeal, Criminal Division, held that a total sentence of six years' imprisonment for the offences of attempted rape and sexual assault was not unduly lenient. The judge's reduction of two years from the eight-year starting point for the attempted rape offence was very generous, but was not unduly lenient. 

Medical practitioner – Negligence. The Court of Appeal, Civil Division, dismissed the defendant NHS trust's appeal regarding a clinical negligence action, in which the judge had found in favour of the claimant. It held that the judge's conclusion, that a clinical note recording a ward round had been inaccurate, had been entirely open to him on the basis of the evidence and well within the ambit of reasonable decision-making. 

Prison – Removal of prisoner from one prison to another. The Administrative Court dismissed the claimants' application for judicial review of the defendant Secretary of State's refusal to transfer the husband to a category B local or short-term prison which was reasonably accessible to the disabled wife. Although there had been breach of the public sector equality duty, s 31(2A) and (2B) of the Senior Courts Act 1981 precluded the court from making a declaration to that effect. 

Criminal law – Trial. The Supreme Court dismissed the appeal in relation to the lawfulness of an order for disclosure of closed material made at a criminal trial, when it came to proceedings before the European Court of Human Rights (ECtHR). The court held, amongst other things, that it would be for the ECtHR to decide at an appropriate time under art 38 of the European Convention on Human Rights, whether any and if so what further disclosure should be made, rather than for the appellant to prejudge its view by insisting on such disclosure as of right under art 34 of the Convention and it would then be for the United Kingdom to consider its position further. 

Arrest – Police. The Divisional Court prohibited the Police Service of Northern Ireland from arresting and transferring the claimant former British soldiers to interview them under caution in relation to the events of Bloody Sunday upon the claimants undertaking that they would attend for an interview. There were no reasonable grounds for the decision to arrest any of the claimants as necessary to allow the prompt and effective investigation. 

Coroner – Inquest. The Divisional Court held that it could not entertain the claimant's application for mandatory orders quashing the original inquest findings into her son's death and directing that a fresh inquest be conducted. Neither an inquest or an investigation had been 'held' within the meaning of s 13(1)(b) of the Coroners Act 1988 because neither process had been completed, but it would be open to the claimant to invite the coroner to reconsider his decision.