Latest Cases

Executry – Confirmation of executors – Transgender person. Sheriff Court: Instructing that an application by a transgender woman, submitted via solicitors, for confirmation as executrix-nominate, be processed, the court held that (contrary to what was suggested at para 5-22 of Currie on Confirmation of Executors (9th edn)) the production of a full gender recognition certificate accompanied by a birth certificate should not ordinarily be required to support an application for confirmation presented by solicitors on behalf of an executor-nominate or an executrix-nominate. Certificates might be required where the executor-nominate or executrix-nominate was unrepresented. 

Town and country planning – Permission for development. The claimant sought judicial review of the defendant local planning authority's grant of planning permission to the interested party for retail units and associated development. The Planning Court, in allowing the application, held that the officers' report had misled members and had misled them significantly as to the inspector's findings and conclusions. Further, the cumulative economic effect of two retail developments had not been considered. Accordingly, the discretion to quash the authority's decision would be exercised. 

Adoption – Parent. A mother's application for leave to oppose an adoption application had been dismissed. The Court of Appeal, Civil Division, dismissed her appeal. On the evidence that had been before her, the judge had not erred. She had not given disproportionate weight to immigration difficulties, nor had she considered, at too early a stage, the therapeutic and psychological consequences for the children of not remaining in their adoptive placement. It could not be said that she had failed to consider the benefits of a family placement as the children's half-sibling had already been adopted by the prospective adopters. 

Medical practitioner – Appeal against determination of disciplinary committee. The appellant mental health nurse appealed against the decision of the respondent Nursing and Midwifery Council (the NMC), striking him off the register. The Administrative Court, in dismissing the appeal, held that it might seem severe that the appellant had been struck off fundamentally for theft of a tambourine and two maracas, but his dishonesty could require and justify striking off. Accordingly, it could not be concluded that the NMC's decision and conclusion had been wrong. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, in allowing the father's appeal against the refusal of his application for direct supervised contact with his daughter, held that the judge had failed adequately to give reasons, either for his rejection of the recommendation of the CAFCASS officer or generally, for refusing the application. In so far as the reason for dismissing the father's application was, as it appeared, to be a principled objection to long-term supervised contact, such an approach had been wrong in law. 

Family proceedings – Orders in family proceedings. The mother appealed against: (i) an order under s 91(14) of the Children Act 1989, prohibiting her from making any further applications without the court's permission until August 2018; and (ii) an order that the father was to make the children available to receive indirect contact from her on a fortnightly basis. The Court of Appeal, Civil Division, in dismissing the appeal, held that it could not be shown that the judge had been wrong in his conclusion as to contact. He had also been right in concluding that the children needed the protection of the permission filter in relation to any applications the mother might consider making under any provision of the Act for a substantial period of time. 

Company – Winding up. A company had assigned its book debts and gone into liquidation. The liquidator applied to have the assignment set aside. The Chancery Division allowed the application as, on the evidence, the assignment had been fraudulently backdated and was automatically avoided under s 127 of the Insolvency Act 1986. 

Income tax – Employment. The First-tier Tribunal (Tax Chamber) (the FTT) dismissed the appeal by the taxpayer against a further assessment to income tax on employment income made by the Revenue and Customs Commissioners in respect of the taxpayer's gain on the exercise of certain stock options. The FTT upheld the Revenue's decision that the stock gain at issue constituted 'employment-related securities option' within the meaning of s 471 of the Income Tax (Earnings and Pensions) Act 2003, with the result that the further assessment was valid. 

Minor – Medical treatment. The Family Division continued declarations granted in an emergency application to the NHS Trust in respect of the withholding of treatment in the child's best interests of invasive ventilation. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 1(1)(a) of Council Directive (EC) 98/59 (on the approximation of the laws of the Member States relating to collective redundancies). The request had been made in proceedings between Mr Balkaya and Kiesel Abbruch- und Recycling Technik GmbH concerning the lawfulness of a dismissal on economic grounds announced by the latter, upon the closure of an establishment, no notification of the projected collective redundancies having being given to the German Federal Employment Agency before that dismissal.