Latest Cases

Sentence – Compensation. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against the judge's decision to make confiscation and compensation orders. It specifically endorsed the judge's approach, in effect, holding that, if the sale of the family home was required, then that was the consequence, not of the compensation order, but of the confiscation order. 

Injunction – Interim. The Chancery Division considered two applications by the mobile operator Lebara in the course of a dispute about the blocking of attempts by the customers of the defendant companies to use a mobile service provided by Lebara. The court held that, in the circumstances, it would not be appropriate to allow either application. 

Practice – Family proceedings. The Court of Appeal, Civil Division, allowed the father's appeal against declaratory relief granted at an issues resolution hearing, during the course of public law care proceedings, and varied the order below to the limited extent of discharging the declarations. The parties had been able to agree as to the future progress of contact between the father and his son and on how the authority should discharge its statutory obligations. 

Sentence – Appeal. The Court of Appeal, Criminal Division, held that a total sentence of 40 months' imprisonment for wounding with intent and aggravated vehicle taking had been unduly lenient. In particular, the substantial and on-going harm caused to the victim, as well as the offender's high culpability for his actions, had outweighed his personal mitigation. A total sentence of six years' imprisonment was imposed in substitution. 

Natural justice – Duty to act fairly. The Administrative Court allowed the claimant's application for judicial review of the defendant local authority's decision to drop options set out in its documents concerning developing an estate. The authority's decision had been unlawful, as enough had not changed to entitle the authority to stop consulting on the options and there were no bars to the grant of relief. 

Sentencing – Rape – Oral penile penetration. High Court of Justiciary: Allowing an appeal against sentence by the Crown in the case of a respondent who was found guilty of orally raping a 14-year-old complainer, the daughter of his partner, and was sentenced to 3 years' imprisonment, the court held that the sentence was unduly lenient, as falling out with the range reasonably open to the trial judge, and it substituted a sentence of 5 years' imprisonment. 

Value added tax – Exemptions. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by United Grand Lodge of England (UGLE) against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) that UGLE did not qualify for exemption from VAT pursuant to art 132 of Council Directive (EC) 2006/112 as its aims were not of a philosophical, philanthropic or civic nature. The tribunal upheld the FTT's decision, deciding that the FTT had not erred in law in the way it had dealt with the issues before it. 

Arbitration – Practice. The Commercial Court allowed an application by the claimant companies to enforce a peremptory order against the defendant Kurdistan Regional Government of Iraq (KRG). The court held that jurisdiction existed to make the order, KRG did not have state immunity, and it was appropriate for the court to exercise its discretion. 

Mental health – Court of Protection. The Court of Protection, following an application by the deputy of the patient H, held that the gratatious payment of £23,000 per annum to the deputy was in H's best interests. 

Disclosure and inspection of documents – Privilege. The Chancery Division considered two issues relating to privilege in the court of proceedings about the defendant bank's alleged misrepresentations in the course of selling LIBOR.