Latest Cases

Criminal law – Suicide. The Divisional Court dismissed the claimants' challenge to the first defendant Director of Public Prosecutions' amendment to the Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. It held that the Supreme Court in R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v Director of Public Prosecutions ([2014] 3 All ER 843) had not determined the meaning of para 43.14 of the policy, a consultation on the amendment had not been required, nor had further consultation with the second defendant Attorney General been necessary. 

Coroner – Inquest. The Administrative Court, in allowing the claimant's judicial review proceedings, ordered the inquest into her mother's death to be held with a jury, as there was reason to suspect that the death had resulted from a police officer's omission in the purported exercise of the officer's duty while the deceased was attending a police station as a visitor. Further, in all cases where the issue of art 2 of the European Convention on Human Rights was raised for consideration, the coroner should respond with clarity, giving brief reasons if necessary. 

Pension – Pension scheme. The Chancery Division considered the appropriate construction of the BCA occupational pension scheme (the plan). It held that additional wording would be interpreted into cl 22.1 of the rules of the plan to clarify the terms of the annual pension increase and that that decision would be publicised by means of a circular sent to members of the plan. 

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against the setting aside of deportation orders she had made in respect of two EEA nationals with a permanent right of residence in the United Kingdom. The court explained the difference between the circumstances for deportation of non-EEA foreign national offenders and EEA offenders and the requirements for the deportation of the latter. 

Practice – Strike out. The Chancery Division dismissed the claimants' appeal against an order striking out their claim for professional negligence against the defendant firm of solicitors and declining to grant the claimants a retrospective extension of time for filing an allocation questionnaire. It held, among other things, that the master had been within his discretion to order that the claim be struck out. 

Nationality – British nationality. The Administrative Court quashed the defendant Secretary of State's refusal of the claimants' application for naturalisation. The Secretary of State's exercise of her statutory discretion, under s 6(1) of the British Nationality Act 1981, to refuse the claimants' naturalisation because she wanted to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence was beyond its scope and purpose. 

Town and country planning – Permission for development. The Administrative Court allowed the claimant's application for judicial review of the defendant local planning authority's decision declining to determine his application for planning permission for the construction of a detached double garage. As the authority conceded, it had erred in having stated it had not been possible to validate an application that sought permission to amend a building which was itself unlawful and that it had been irrelevant. 

Costs – Taxation. The Court of Appeal, Civil Division, ruled on two appeals concerning the 'one fifth rule' under sub-s 70(9) of the Solicitors Act 1974 and the interpretation of 'special circumstances' under sub-s 70(10) of that Act in the resolution of costs assessments regarding the fees charged by solicitors in their bills to clients. 

Sentence – Custodial sentence. The Administrative Court previously found the second defendant Secretary of State in breach of public law duty to provide systems and resources the claimant prisoners serving indeterminate sentences for public protection needed to demonstrate that detention was no longer necessary for public protection. As the first and second claimants had completed the healthy sex programme course and the second claimant would be provided with it in April to June 2016, it was no longer necessary to make a mandatory order. 

Criminal law – Trial. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against conviction for murder and attempted murder where the trial judge had dismissed his applications for severance in circumstances where his co-defendant had been a prosecution witness against him and the victim in respect of the attempted murder count. The counts had been properly joined and there was nothing exceptional such as to warrant a successful severance application.