Latest Cases

Town and country planning – Permission for development. The claimant challenged the defendant local planning authority's decision to grant planning permission for the erection of a single wind turbine, together with associated infrastructure. The Planning Court, in dismissing the application, held that there had been no error in preventing a substitute councillor to participate and there had been no misreporting to the committee. 

Immigration – Leave to remain. The claimant Zimbabwean national sought judicial review of the defendant Secretary of State's decision, refusing his application for discretionary leave to remain on the basis that it was inconsistent with that in his sister's case. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision had not explained the distinction between the claimant and his sister, who had been given leave to remain. Further, the Secretary of State had amounted disregarded of the statutory appellate procedure by failing to follow or appeal a judge's order. 

Solicitor – Negligence. The first claimant engaged the defendant solicitor to draw up an agreement for the transfer of intellectual property rights to the second claimant company for exploitation by a third party through a licence agreement. The claimants brought a claim on the basis that the documents drawn up by the defendant were ineffective and had caused the agreement to fail. The defendant applied for summary judgment and the Queen's Bench Division allowed the application on the basis that the agreements drafted by the defendant had in fact been effective to do what it was required that they should do. 

Criminal evidence – Corroboration – Dangerous dogs. High Court of Justiciary: Refusing an appeal against conviction by an appellant who, after a sheriff repelled her submission of no case to answer, was convicted of a contravention of the Dangerous Dogs Act 1991, the court held that the sheriff was entitled to conclude that there were grounds for a reasonable apprehension that the dog would injure someone and to repel the no case to answer submission, and in light of the findings in fact she had made the sheriff was entitled to find that there were grounds for a reasonable apprehension that the dog would someone if he were to escape from the appellant's garden and to go on to convict the appellant of the charge. 

Personal injury – Provisional damages. Court of Session: In an action of damages for personal injuries arising out of the pursuer having developed an asbestos-related condition, which settled extrajudicially, the pursuer accepting from all three defenders an offer of provisional damages together with a right to apply to the court for further damages if he developed diffuse plural thickening, lung cancer or mesothelioma, the second defenders refused to accept the wording of a draft joint minute as they sought to reserve the right to put the pursuer to proof on liability in the event that he made an application for further damages if he developed any of those three conditions, however the court held that an offer by a defender to make a payment of provisional damages inherently carried with it an admission of liability. 

Criminal evidence – Sexual assault on young child – Sufficiency of evidence – Corroboration. High Court of Justiciary: In an appeal by an appellant who was found guilty of a charge of sexual assault on a young child contrary to s 20 of the Sexual Offences (Scotland) Act 2009, the court rejected the appellant's first ground of appeal—that there was insufficient evidence of a sexual assault on a young child contrary to s 20—but it upheld his second ground to the extent of quashing his conviction and substituting a conviction in terms of the amended indictment under deletion of the part of the libel alleging digital penetration of the complainer's anus. 

European Union – Community institutions. The Court of Justice of the European Union set aside the judgment of the General Court of the European Union in so far as the General Court had thereby accepted that the European Commission could refuse to ClientEarth, on the basis of a general presumption, full access to those of the studies at issue relating to the compatibility of the legislation of various member states with European Union environmental law. 

Police – Powers. The complainants contended that the respondent National Crime Agency's authorisation for property interference and for the installation of covert listening devices at their premises was unlawfully obtained. The Investigatory Powers Tribunal, in quashing the authorisation, held that the application for the authorisation had failed to disclose material information and the authorisation probably would not have been made or approved in the form it had been. 

Child – Protection. The issue before the Administrative Court was whether it was lawful for the defendant local authority to have a policy of retaining child protection records for a period of 35 years after a case had been closed. The court held that the policy was in accordance with the law, had been carefully considered, adapted to the purposes for which it was required, and was applied proportionately and flexibly. 

Practice – Pre-trial or post-judgment relief. In an appeal against a decision to grant summary judgment in respect of enforcing of a default judgment made in the United States in favour of the claimant, the Queen's Bench Division held that the issues on the summary judgment application were arguable and therefore the appeal would be allowed.