Latest Cases

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 27(1)(d) of Directive (EEC) 92/83 should be interpreted as meaning that the obligation to exempt the alcohol products covered by that directive from the harmonised excise duty when they were used for the production of medicine applied to ethyl alcohol used by an undertaking for cleaning or disinfecting equipment and facilities used in the production of medicines. 

Sentence – Mandatory life sentence. The offender, when aged 17 years, had engaged in a prolonged assault of the deceased, for which he was convicted of murder and a minimum term of 10 years, less time spent on remand, had been imposed. The present proceedings concerned the review of the minimum term. The Administrative Court refused to recommend a reduction of the tariff, as the offender's very real progress was not such that it satisfied the extremely high hurdle of exceptional and unforeseen. 

Company – Shares. The Companies Court made findings regarding a claim brought by B, concerning her dismissal from the directorship of an optician's practice and the alleged devaluation of shares that she held. The court held that two of her six claims succeeded, and those matters warranted an adjustment to the price payable for B's shares. 

Minor – Removal outside jurisdiction. An order had been made under the Hague Convention on the Civil Aspects of International Child Abduction 1980, for the return of four children to Australia. The Court of Appeal, Civil Division, allowed the father's appeal. A finding that the children objected to returning to Australia would be substituted and, in the exercise of the resulting discretion, the mother's application for the children's summary return was dismissed. 

Transport – Private hire vehicle. The claimant Transport for London sought a declaration that the first defendant's, Uber, network private hire vehicles (PHVs) were not equipped with a taximeter in contravention of s 11 of the Private Hire Vehicles (London) Act 1998. The Administrative Court, in granting a declaration, held that Uber's PHVs were not equipped with a taximeter as defined by s 11(3) of the Act. The driver's smartphone with a driver's app was not a device for calculating fare by itself or in conjunction with a server and even if it was, the vehicle was not equipped with it. 

Personal Injury – Liability – Contributory negligence. Court of Session: In an action in which the pursuer sued as the guardian of a pedestrian who was injured in a road traffic accident after a car driven by the defender struck him, and in which counsel for the defender accepted that primary liability for the accident rested with the defender, the court rejected the pursuer's primary submission that the accident was caused as a result of a deliberate act by the defender and concluded that he was 90% responsible for the accident and that the injured man should bear 10% of the responsibility. 

Company – Winding-up. The respondent company had presented a petition to wind up a company. The Chancery Division gave reasons for granting the company's applications, under s 127 of the Insolvency Act 1986, for the validation of certain payments that it intended to make. The court ruled that validation was necessary to enable the company to effect restructuring or other plans (the plans), which presented the only prospect for unsecured creditors to recover debts owed by the company. The court further held that there were valid grounds for the hearings being held in private where to disclose confidential information concerning the company might impact adversely on the delivery of the plans, to the possible detriment of unsecured creditors, among others. 

Medical practitioner – Professional conduct committee. The appellant consultant cardiologist appealed against findings by the Fitness to Practise Panel (the Panel) of the Medical Practitioners Tribunal Service that he had been guilty of misconduct, that his fitness to practise was impaired and against the sanction of six months' suspension. The Administrative Court, in dismissing the appeal, held that the Panel had not erred in having found the relevant allegations proved or in its findings of dishonesty. Accordingly, the finding of impairment and the sanction imposed could not be said to have been wrong. 

Sentence – Mandatory life sentence. The offender, when aged 15 years, had inflicted serious violence causing death, for which he was convicted of murder and a minimum term of 11 years, less time spent on remand, had been imposed. The present proceedings concerned the review of the minimum term. The Administrative Court refused to recommend a reduction of the tariff, as his very good progress could not cross the extremely high hurdle of exceptional and unforeseen. 

Immigration – Refugee. The appellant appealed against the determination of the Upper Tribunal (Immigration and Asylum Chamber), upholding the respondent Secretary of State's decision to exclude him from protection as a refugee on the basis that he had committed a serious non-political crime in France. The Court of Appeal, Civil Division, in dismissing the appeal, held that art 1F of the Convention Relating to the Status of Refugees 1951 could not be construed such that 'serious' should not be qualified by 'particularly'.