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. 

Practice – Chancery Division. The Chancery Division allowed an application by the claimant company to send an analysis of certain documents to the European Commission in the course of proceedings alleging that the defendants (together, Google) had abused a dominant position. There was no suggestion that the analysis was to be used for an improper purpose, and the sending of the analysis would not have a significant effect on the costs in the case. 

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. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division allowed the claimant's application for an interim payment in the amount of £1,203,300, to fund expenses in the present period before trial in about 2.5 years under CPR 25.7(4). 

Practice – Striking out. The Chancery Division dismissed an application for summary judgment or, alternatively, to strike out the claimant's claim, in an action concerning alleged negligent tax advice. The court held that it would be wholly wrong to dismiss the claim at the present stage. 

Town and country planning – Wind farm. The Supreme Court dismissed the appellants' appeal against the refusal of the Scottish courts to quash consent given under s 36 of the Electricity Act 1989 by the Scottish Ministers to Aberdeen Offshore Wind Farm Ltd for the construction and operation of wind turbines in Aberdeenshire in respect of the transmission of electricity. 

Immigration – Refugee. The Administrative Court dismissed the claimant's application for judicial review of the defendant Secretary of State's decision to certify his asylum claim as clearly unfounded and return him to Italy for determination of his asylum claim. None of the material before the court rendered it arguable that a tribunal could conclude that the evidential presumption of compliance by Italy with its obligations under European Union law was rebutted. 

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. 

Landlord and tenant – Lease. The Chancery Division held that the claimant bank was entitled to possession of a property as against the defendant company. There was no defence to the claim, because the lease had been granted without the bank's written consent contrary to the express terms of two charges by which the defendant had charged the property with the repayment of sums due to the bank. 

Human rights – Right to liberty and security. The Supreme Court, in dismissing the claimant's appeal, held that it would not be right to make a declaration that s 60 of the Criminal Justice and Public Order Act 1994 was incompatible with Sch 1 to the Human Rights Act 1998, specifically, in the present case, art 8 of the European Convention on Human Rights. Nor would it be appropriate to make a declaration that the 'stop and search' that the claimant had experienced had not been in accordance with the law.