Latest Cases

European Union – Immigration. The Court of Justice of the European Union gave a preliminary ruling, deciding that Directive (EC) 2008/115 should be interpreted as not, in principle, precluding legislation of a member state which provided for the imposition of a prison sentence on an illegally staying third-country national who, after having been returned to his country of origin in the context of an earlier return procedure, unlawfully re-entered the territory of that state in breach of an entry ban. 

Mental health – Court of Protection. The Court of Protection refused to make an authorisation in regard to deprivation of liberty in relation to the accommodation of the patient provided by the local authority as part of a care package. 

Practice – Pre-trial or post-judgment relief. The Family Division judge in a divorce/financial remedies case recused himself in a situation in which he was friends with an individual who knew the husband in the case and in a situation in which the court between hearings might be meeting AB. 

Sentence – Mandatory life sentence. The offender, then aged 17 years, had taken part, with two others, in an unprovoked attack on a man, which had resulted in his death, for which a minimum term of 15 years had been imposed. The present proceedings concerned the review of the minimum term. The Administrative Court held that the offender had clearly made exceptional progress in prison which could not have been foreseen when he had been sentenced and had earned the maximum reduction conventionally allowed of two years. 

Practice – Civil litigation. The Court of Appeal, Civil Division, dismissed the defendants' appeal against an order granting the claimants relief from sanctions, pursuant to CPR 3.9(1), in respect of the claimants' failure to service notice on the defendants of the existence of a conditional fee agreement and an after the evident insurance policy within the period specified by CPR 44.15(1) and para 9.3(3) of the Practice Direction on Pre-Action Conduct. There was no justification for any interference with the exercise of the judge's discretion. 

Sentence – Mandatory life sentence. The offender, when aged 16, had been involved in attacks on two men, which had resulted in the death of one and the wounding of the other, and a tariff of 13 years 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 none of the possible reasons for doing so were met. 

Crown – Prerogative. The claimant sought judicial review of the defendant Secretary of State's decision rejecting her application for a British passport as a citizen by descent. The Administrative Court, in declaring the claimant a citizen of the United Kingdom and colonies by descent, held that the claimant was the daughter of a British citizen, she had been born after he was registered as a citizen and her parents had been married. 

Gaming – Card games. The claimant English Bridge Union sought judicial review of the defendant English Sports Council's adoption of a definition of 'sport', which incorporated physical activity. The Administrative Court, in dismissing the application, held that the defendant's adoption of the definition of 'sport' had been in line with both a proper interpretation of s 3 of the Physical Training and Recreation Act 1937, and a proper construction of the objects and powers contained within its Royal Charter. 

National Health Service – Medical records. An application for judicial review of the lawfulness of the guidance to the National Health Service (Charges to Overseas Visitors) Regulations 2011, SI 2011/1556, which permitted the transfer of patient data regarding non-United Kingdom resident patients to, ultimately, the Home Office for the purpose of consideration of immigration sanctions, was dismissed. The Court of Appeal, Civil Division, dismissed the claimants' appeal. The information transferred was generally not private information vis-a-vis the Secretary of State for Health and the Home Office. The transfer was not ultra vires the NHS bodies and the Secretary of State and, finally, any interference with the claimants' rights under art 8 of the European Convention on Human Rights was in accordance with the law. 

Prison – Prisoner. The appellant had been convicted of a notorious racially-aggravated abduction and murder of a 15 year old boy. He had spent 56 months in solitary confinement in prison in Scotland. The Supreme Court, reversing the decision of the Extra Division of the Inner House, ruled that the appellant had been segregated without lawful authority between certain periods of his detention and that the circumstances of the segregation had violated his rights under art 8 the European Convention on Human Rights.