Latest Cases

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to Kenya to face trial for serious allegations of fraud. It rejected his arguments that there was no prima facie case in respect of the charges, that the extradition proceedings were an abuse of the process of the English court and that his extradition would be contrary to his rights under the European Convention on Human Rights. 

Immigration – Removal. The Upper Tribunal (Immigration and Asylum Chamber) dismissed the claimant's application for judicial review of the defendant Secretary of State's decision to certify his removal from the United Kingdom under reg 24AA of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003. In one of the first cases to deal with regs 24AA and 29AA of the Regulations, the tribunal sought to deal with their proper scope in depth. 

Costs – Group action. The Queen's Bench Division held that the parties costs budgets in a group litigation order were disproportionate and therefore court therefore made a costs management order in accordance with CPR 3.15. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed a mother's appeal against the refusal of her application, made in the course of private law proceedings, for contact with her child in Florida. Subject to appropriate safeguards, the mother would be permitted to take the child to Florida for staying contact. 

Sentence – Appeal. The Court of Appeal, Criminal Division, held that in the circumstances, a custodial sentence which did not include a finding of dangerousness, under s 227 of the Criminal Justice Act 2003, was unduly lenient. An extended sentence as imposed. 

Landlord and tenant – Business premises. The Technology and Construction Court made rulings concerning a claim for dilapidations upon expiry of a lease of commercial premises. Among other things, it ruled on the appropriate rate of interest to be awarded. 

Competition – Rules on completion. The Administrative Court dismissed the claimant medical reporting organisation's challenge to the legality of part of the government's reforms to handling soft tissue whiplash claims. The system was not incompatible with national and European competition law, as the interested party had not abused a dominant position in the relevant market by administering the system in accordance with the requirements imposed by the defendant Secretary of State. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal and dismissed the respondent Nigerian national's application for judicial review of the Secretary of State's decision to refuse to grant her leave to remain under the Immigration Rules. The deputy judge had misinterpreted the guidance in the authorities on the interpretation of para 276ADE(vi) of the Immigration Rules and, hence, had misinterpreted the paragraph itself, giving too narrow a meaning to the concept of 'ties' to Nigeria. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court dismissed the appellant registered nurse's appeal against a 12-month suspension order imposed by a panel of the Conduct and Competence Committee (the panel) of the respondent Nursing and Midwifery Council. The panel's judgment had been both reasonable and proportionate in the circumstances of the case, and its reasons had met the required standard. 

Town and country planning – Enforcement notice. The Queen's Bench Division granted the claimant planning authority an injunction under s 187B of the Town and Country Planning Act 1990 in relation to the continued breach of planning control by the defendant.