Latest Cases

Immigration – Deportation. The Court of Appeal, Civil Division, in dismissing an appeal against a deportation decision, held that First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) had taken into account all the relevant considerations under art 8 of the European Convention on Human Rights. The FTT had not made any express reference to Üner v The Netherlands ([2006] 3 FCR 340) or Maslov v Austria ([2008] ECHR 1638/03), but it had not needed to since: (i) it had had regard to all the relevant considerations; and (ii) the appellant had not been lawfully present in the United Kingdom. 

Sentence – Suspended sentence. The Court of Appeal, Criminal Division, quashed the minimum term of nine years and three months imposed on the defendant, and substituted it for a sentence of eight years and nine months' imprisonment. The judge had not had the power to 'increase' the minimum term because the offence for which the defendant had received a suspended sentence had not been a 'specified serious offence'. 

Bank – Securities. The Court of Appeal, Civil Division, in allowing the defendant issuers' appeal, granted a declaration that a 'Capital Disqualification Event' had occurred, thereby entitling the issuers to redeem enhanced capital notes in accordance with their terms. 

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. 

Insurance – Scheme of arrangement. The Companies Court sanctioned an insurance business transfer scheme, under s 111(1) of the Financial Services and Markets Act 2000, relating to the general United Kingdom insurance business conducted by two subsidiaries of the Group Hartford Financial Services Group, Inc and, in respect of certain previously transferred business, by Aviva Insurance Ltd. 

European Union – Trade marks. The Court of Justice of the European Union ruled on the appeal by El Corte Inglés SA (El Corte) which sought to have set aside the judgment of the General Court of the European Union in El Corte Inglés v Office for Harmonisation in the Internal Market (OHIM) — English Cut: T-515/1 (The English Cut) by which that Court had dismissed El Corte's action seeking annulment of the decision of the First Board of Appeal of OHIM relating to opposition proceedings between that company and The English Cut concerning an application by the latter company for registration of a word sign 'The English Cut' as a Community trade mark. 

EU law – Immigration – Free movement of persons – Rights of residence of EEA nationals and family members. Court of Session: In a judicial review petition by a petitioner, a Nigerian national, who applied for an EEA residence card and was issued with a Certificate of Application (CoA) and who claimed damages after the CoA's effectiveness expired and the Secretary of State refused to renew it, averring that the refusal was unlawful and had resulted in him being unable to take up a job offer, the court held that the respondent was in breach of obligations under EU law as there was no basis for refusing to issue the CoA, and the petitioner was in principle entitled to damages. 

Civil procedure – Jurisdiction – Appeal against decision of Upper Tribunal – Competency: Dismissing an appeal to the Court of Session under s 13 of the Tribunals Courts and Enforcement Act 2007 by the Secretary of State for Work and Pensions against a decision of the Upper Tribunal, the court held that the answer to the question of whether the matter which the appellant wished to make the subject of appeal was an appeal 'on any point of law arising from a decision made by the Upper Tribunal' was in the negative, and accordingly the court did not have jurisdiction to hear the appeal. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 13B(d)(6) of Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EEC) 91/680. The request had been made in proceedings between the Netherlands State Secretary for Finance and Fiscale Eenheid X NV cs, concerning a notice of additional assessment to VAT issued to Fiscale Eenheid X NV cs in respect of 1996. 

Building contract – Construction. The Technology and Construction Court considered preliminary issues relating to liability for negligence in the defendants' alleged failure to discover asbestos contamination on a development site. The court made rulings as to the correct interpretation of the relevant agreements.