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. 

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. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division in a case management hearing heard issues on the legal principles to be applied to s 8 of the Security and Justice Act 2013 (the disclosure stage). It decided that the application of the common law and the application of art 6 of the European Convention on Human Rights reached precisely the same destination, namely, where material could not revealed in full it should be summarised as fully as possible consistent with the statute. 

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. 

Easement – Pleasure ground. The Chancery Division considered the claimants' application for, among other things, declaratory relief that they were entitled to use of sporting and recreational facilities on an area of land free of charge. The court held that the claimants were entitled to the declaratory relief sought. 

Habeas corpus – Grounds for grant of writ of habeas corpus. The Divisional Court dismissed the applicant's application for habeas corpus. Assuming the abuse of process jurisdiction applied, the applicant's continued imprisonment, without the re-trial required as a condition of his surrender under a European arrest warrant, was not an affront to justice and would not undermine the public's confidence in the justice system. 

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. 

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. 

Town and country planning – Permission for development. The Court of Appeal, Civil Division, in dismissing appeals against planning enforcement notices, held that, the enactment of the planning enforcement order provisions in the Localism Act 2011 had not removed the effect of the Supreme Court's decision in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government [2011] 4 All ER 851 in relation to the time limits for enforcement action, pursuant to s 171B of the Town and Country Planning Act 1990, in cases of deliberate concealment. 

Conflict of laws – Jurisdiction. The Queen's Bench Division made a decision in relation to which law applied to an accident that had occurred in France involving and uninsured French Driver and two British Nationals. In making that decision in two actions in which the Motor Insurance Bureau was a defendant, he court considered Regulation 864/2007 and Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 SI, 37/2003.