Latest Cases

European Union – Freedom of movement. The Court of Appeal, Civil Division, allowed an appeal by the Entry Clearance Officer against a decision of the Upper Tribunal (Immigration and Asylum Chamber) that had determined that a child adopted in Algeria was an 'extended family member' within the meaning of reg 8 of the Immigration (European Economic Area) Regulations 2006, SI 21006/1003, and therefore entitled to be issued with an EEA family member permit to enter the United Kingdom. The court held that she was not a family member within the meaning of art 2 of Parliament and Council Directive (EC) 2004/38 and reg 7 of the Regulations and, consequently, she did not fall within art 3 of the Directive read together with reg 8 of the Regulations. 

Contract – Penalty. Having heard two appeals in two separate proceedings concerning the principles underlying the law relating to contractual penalty clauses (the penalty rule), the Supreme Court allowed the first appeal and dismissed the second appeal. The Court decided that none of the terms impugned on the two appeals contravened the penalty rule and further, that the charge in issue in the second appeal did not infringe the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division, dismissed a contested application for permission to bring contempt proceedings when the alleged contemnor had already been tried and acquitted by a criminal court on the same facts. 

Town and country planning – Permission for development. The Planning Court allowed the claimant's challenge to the defendant Secretary of State's refusal of outline planning permission for some 400 dwellings, on the ground that he had not understood or taken into account the withdrawal of an interim policy, which had been a material consideration. 

Practice – Defamation. The Queen's Bench Division refused the claimant permission to appeal against the order of a master dismissing both her defamation actions against Facebook UK and Google. The principal ground for dismissing the actions was a procedural on, namely that the claimant had sued the wrong defendant. 

Practice – Payment into court. The Court of Appeal, Civil Division, in dismissing the defendants' appeal, held that the common law position, that a defence of tender could not be set up in answer to a claim for unliquidated damages, had not been altered by the CPR. 

Extradition – Extradition order. The Divisional Court allowed the appellant's appeal against orders for his extradition to Poland for one offence because the 'dual criminality' test had not been satisfied, but dismissed his appeal with respect to the second offence, which was equivalent to the English offence of theft. It further rejected the appellant's appeal based on art 8 of the European Convention on Human Rights. 

Criminal law – Trial. The Court of Appeal, Criminal Division, allowed the prosecution's appeal against a terminating ruling holding that, in a prosecution case based on DNA, there had been no case to answer. The depositing of the DNA in the course of the crime and the high statistical probability match with the defendant meant that there had been a very strong case against the defendant and plainly a case for him to answer. 

Conflict of laws – Stay of proceedings. The Commercial Court dismissed the defendant English company's application for a stay and/or strike out of English proceedings commenced by the claimant French companies, as there had been no abuse of process, the claimants had a prospect of success and the English court had been first seised. It further granted the claimants permission to amend their claim form, as the defendant would not be prejudiced. 

Estoppel – Proprietary estoppel. The Chancery Division, in dismissing the claimant's case, held that there had been no proprietary estoppel created, despite the money that she had paid to assist the deceased, H, in renovating a house. H had made no promise to leave the house to her and had said nothing to lead her to believe that such a promise had been made.