Latest Cases

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. 

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. 

Costs – Taxation. The Queen's Bench Division gave judgment in an appeal in relation to a cost decision of a master in regard to client billing under the Solicitors Act 1974. In so doing it interpreted an ambiguity in the retainer against the defendant solicitor. 

Medical practitioner – Professional conduct committee. The Administrative Court found that the Fitness to Practise Panel (the panel) of the respondent General Medical Council had been correct in finding six charges against the appellant doctor proved. However, it had erred in finding proved a charge that the appellant had attended a conference where he had stated that the closure rate of atrial shunts was 94% and did not qualify his statement. 

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. 

Immigration – Detention. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the judge's finding that his detention in prison, rather than in an immigration removal centre (IRC), had not been in breach of art 5(1) of the European Convention on Human Rights. The court held that detention in an IRC was generally more appropriate for immigrant detainees than detention in prison. That included time-served foreign national offenders who had been assessed as not posing a risk to the stability of IRCs or to the safety of others who were being held there. However, subject to exceptions for vulnerable detainees, detention in a prison was not generally arbitrary and in breach of art 5(1). 

Income tax – Repayment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the taxpayer's appeal against a decision of the First-tier Tribunal (Tax Chamber) to strike out her appeal against the rejection of her claim for repayment of overpaid income tax. The tribunal decided that s 118(2) of the Taxes Management Act 1970 applied to such a late claim making it a claim within Sch 1AB to that Act with the result that the enquiry, closure notice and appeal provisions of Sch 1A to the Act would apply. 

Mental health – Court of Protection. The Court of Protection held that it was in the patient's best interests to stop the life sustaining treatment, following an application to the court by the patient's daughter. In deciding the issue, the court considered the Mental Capacity Act 2005 and the Code of Practice. 

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.