Latest Cases

Immigration – Leave to remain. The appellant Bangladeshi national appealed against the decision of the Upper Tribunal (Immigration and Asylum Chamber), refusing permission to seek judicial review of the decision of the respondent Secretary of State, refusing him leave to remain in the United Kingdom. The Court of Appeal, Civil Division, in dismissing the appeal, held, inter alia, that, in the circumstances, even if the Secretary of State had made an error of law, it had not been a material one, because, on the basis of the best possible way in which the appellant's case could have been considered, it had been bound to fail. 

Limitation of actions – Prescription. Court of Session: In an action in which the pursuers, who had instructed the defenders, a firm of solicitors, to serve notices to quit on a tenant to terminate agricultural holdings tenancies over three fields, averred that by serving defective notices to quit the defenders were in breach of an implied term of their contract with the pursuers to exercise the degree of knowledge, skill and care expected of a reasonably competent solicitor, the court sustained the defenders' plea-in-law that any obligation on the defenders to make reparation to the pursuers had prescribed and pronounced decree of absolvitor. 

Damages – Personal injury. The deceased died of a subarachnoid haemorrhage as a result of admitted negligence on the part of the defendant Trust. The defendant settled claims brought by her dependants and by her husband for nervous shock The claimant was the deceased's sister. She brought a claim as a secondary victim on the basis that she experienced nervous shock as a result of the events that transpired. The Queen's Bench Division found that in the circumstances, the sight of the deceased could not be regarded as a 'horrifying event'; nor was it sudden or unexpected. There was a series of different events that gave rise to an accumulation during that period of gradual assaults on the claimant's mind and resulted in her psychiatric illness. 

Intestacy – Distribution of intestate's estate. A dispute arose between two brothers as to whether a property purchased by their father, but registered in the name of the defendant, was held on trust for the father's estate entirely. The Chancery Division held that the property had been held on trust for the father's estate entirely, and that, on the evidence, the claimant was not guilty of laches. 

Immigration – Appeal. The appellant Nigerian citizen's appeal against deportation was allowed by the First-Tier Tribunal (Immigration and Asylum Chamber) (the FTT). The Upper Tribunal (Immigration and Asylum Chamber) allowed the Secretary of State's appeal. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held, inter alia, that, in the circumstances, the FTT presiding judge had erred in exercising his casting vote. Further, the FTT had not identified, as it should have done, the features of PF's case that had amounted to compelling reasons or the exceptional circumstances justifying the success of his appeal, and its consideration of and emphasis on PF's rehabilitation had been mistaken. 

Environment – Site of special scientific interest. The claimant sought judicial review of the defendant Welsh Ministers' decision to adopt a plan for a new stretch of the M4 motorway across an area comprising several sites of special scientific interest and a special area of conservation. The Planning Court, in dismissing the application, held that the Welsh Government had not failed to consider reasonable alternatives. Further, it had not failed to take reasonable steps to further the conservation and enhancement of the flora and fauna. 

Elections – Local government. The applicant sought to challenge the election of a candidate in local government elections. His petition was struck out on the basis of failure to comply with a technical rule in s 136 of the Representation of People Act 1983 that At the time of presenting an election petition or within three days afterwards the petitioner shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent. The applicant appealed the striking out of the petition. The Queen's Bench Division dismissed the appeal on the basis that the requirement in the 1983 Act was clear and it had not been complied with. 

Family proceedings – Orders in family proceedings. The appellant father appealed against an order permitting the respondent mother of their five-year-old daughter to remove her permanently from England to live in Sweden. The Court of Appeal, Civil Division, in dismissing the appeal, held that it had not been demonstrated that the judge had been wrong in the approach that he had taken to the material before him or the in the decisions that he had made. 

Sentence – Length of sentence. The offender was sentenced to a total of three and-a-half years' imprisonment for eight sexual offences committed against a 12 year old boy over a five or six month period. The Court of Appeal, Criminal Division, held that, in the circumstances, the sentence had been unduly lenient and substituted a sentence of five-and-a-half years' imprisonment. 

Practice – Pre-trial or post-judgment relief. The claimant premiership footballer obtained an ex parte interim order restraining the defendant from disclosing information regarding an alleged sex act that took place between the two. On the return date of the order, the defendant sought to argue that the order should discharged for material non-disclosure. The Queen's Bench Division held that there had been material non-disclosure and that therefore the discharge of the past orders and the refusal of orders for the future was a just and proportionate response to the non-disclosure.