Latest Cases

Negligence – Causation. The Queen's Bench Division held, in relation to a negligence claim against the solicitors who acted for the claimant in relation to his contract of employment with two Indian companies, that the solicitor had been negligent in failing to advise the claimant in relation to jurisdictional matters and that that failure had caused the claimant damage. 

Employment Appeal Tribunal – Discrimination. The employee claimed to have been the victim of racial discrimination, and had subsequently been dismissed by reason of long health related absence. An employment tribunal found that she had suffered discrimination on the grounds of race, and had been unfairly dismissed, but that the two issues were not related. The Employment Appeal Tribunal (the EAT), dismissing the employee's appeal, held that the claim did not break the high threshold of a perversity challenge. The EAT further dismissed an appeal for compensation due to ill health caused by discrimination, and appeals as to the levels of compensation awarded for injury to feelings and unfair dismissal. 

Criminal law – Trial. The defendant, who had been sole attorney for her father under a Lasting Power of Attorney, was charged with fraud in respect of dealings with her father's money. The Court of Appeal, Criminal Division, considered an application by the prosecution under s 58 of the Criminal Justice Act 2003, in circumstances where the proceedings had been stayed on that count where the judge had held that it would be an abuse of process to continue in the absence of further particulars. The court held that the indictment had been sufficient and ordered the proceedings to resume. 

Immigration – Asylum. The claimant sought judicial review of the defendant Secretary of State's refusal to accept his further representations as a fresh claim for asylum. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that, although there had been no express reference to the relevant policy, it was sufficiently clear that the claimant's period of residence in the United Kingdom had been considered. Further, the claimant's time in the UK had been considered in the context of art 8 of the European Convention on Human Rights. 

Immigration – Deportation. The claimant Jamaican national sought judicial review of the defendant Secretary of State's decision, refusing to revoke a deportation order and to certify that decision under s 96 of the Nationality, Immigration and Asylum Act 2002. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the fact that the claimant could rely on the passage of time, which he had not been able to do so when challenging the deportation order, clearly amounted to a new matter and that the decision could not be certified. 

Medical practitioner – Disciplinary proceedings. The claimant, who suffered from 'locked in' syndrome, sought judicial review of the defendant General Medical Council's (the GMC) guidance on assisted suicide. The Divisional Court, in dismissing the application, held that the guidance did not infringe arts 8 or 10 of the European Convention on Human Rights, in particular, as a blanket ban on assisted suicide did not infringe and the guidance was not irrational. Further, the GMC's guidance was not obliged to be in line with that the Director of Public Prosecutions. 

Human rights – Right to life. The claimant mother of a soldier unlawfully killed in Iraq appealed against the Divisional Court's decision that there was no duty to investigate under art 2 of the European Convention on Human Rights and, alternatively, the duty had been discharged. The Court of Appeal, Civil Division, in dismissing the appeal, held that an art 2 compliant investigation had been required, as there had been a failure of system or control. However, an investigation undertaken by the Army Board of Inquiry and a coroner's inquest had discharged that obligation. 

Landlord and tenant – Action for possession. Following an appeal and many other applications by the tenant against his eviction for non-payment of rent, the Queen's Bench Division dismissed all application as being without merit. There had been no defence to the possession claim in circumstances where the defendant had been notified by the landlord of the change in ownership under s 3 of the Landlord and Tenant Act 1985. 

European Union – Rules on competition. The General Court of the European Union partially annulled a decision of the European Commission which had rejected a request for confidential treatment submitted by Pilkington Group Ltd (Pilkington) under art 8 of Decision 2011/695/EU of the President of the European Commission (on the function and terms of reference of the hearing officer in certain competition proceedings). The request for confidential treatment related to the Commission's finding, inter alia, that certain companies, including Pilkington, had infringed art 81 EC and art 53 of the European Economic Area Agreement by participating, over various periods in a set of anticompetitive agreements and concerted practices in the automotive glass sector in the European Economic Area. 

Immigration – Leave for indefinite stay. The claimant Irish national issued judicial review proceedings, effectively to establish that he had a right to reside in the United Kingdom as a qualified person, which would benefit his brother, G's, application for a permanent residence card. The Administrative Court, in dismissing the application, held that, since G's second application for a permanent residence card remained outstanding, the claimant's application was premature.