Latest Cases

Immigration – Asylum. The claimant Sri Lankan national sought judicial review of the defendant Secretary of State's decisions to detain her and refusing her further submissions for asylum. The Administrative Court, in allowing the application, held that, the Secretary of State had failed to apply her own policy, which had required her to suspend decision-making once the claimant had been accepted for pre-assessment as a victim of torture by the Helen Bamber Foundation. That failure had made the claimant's detention unlawful. 

Employment – Unfair dismissal. The employee brought a claim for unfair dismissal and disability discrimination. The Employment Appeal Tribunal held that the employment tribunal had been correct in not re-opening, at the remedy stage, the issue of contributory conduct which had been determined at an earlier hearing. However, the tribunal had been wrong in failing to consider the question of half-pay sick absence when assessing unfair dismissal or disability discrimination loss of earnings. The case was remitted to the tribunal. 

Contempt of court – Committal. The claimant sought judicial review of decisions by the first two defendants, supported by the third defendant, that civil contemnors committed to prison were not entitled to have time spent on remand deducted from their sentence by the prison. The Court of Appeal, Civil Division, dismissed the claim. The part of the claimant's case that was based purely on the domestic law, in particular, s 14 of the Contempt of Court Act 1981 and s 43 of the Policing and Crime Act 2009, was rejected. The claimant's challenge under arts 5 and 14 of the European Convention on Human Rights was also rejected. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by Turkiye Garanti Bankasi AS (Turkiye) for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Turkiye and Card & Finance Consulting GmbH (Card) in respect of the application by Card for registration of a figurative sign as a Community trade mark. 

European Union – State aid. The General Court of the European Union granted the application by Ryanair Ltd for annulment of a decision by the European Commission that the application by Ireland of a lower national rate of air travel tax (ATT) for a certain period applicable to all flights operated by certain aircrafts constituted state aid and was incompatible with the internal market (the contested decision). Consequently, art 4 of that decision, read in the light of recital 70 of that decision would be annulled, in so far as it ordered the recovery of the aid from the airlines which had operated flights subject to the ATT at the lower rate during the period concerned. 

Customs and excise – Commissioners of customs and excise. The applicant company was investigated by the respondent Revenue and Customs Commissioners (the Revenue). The Revenue gave an undertaking to abide by freezing orders. The applicant brought proceedings, seeking an inquiry as to damages to be carried out on the undertaking. The Companies Court held that, on the evidence, none of the reasons adduced by the Revenue would make it inappropriate for the inquiry for damages to occur. 

European Union – State aids. The General Court of the European Union granted the application by Aer Lingus Ltd for annulment of a decision by the European Commission that the application by Ireland of a lower national rate of air travel tax (ATT) for a certain period applicable to all flights operated by certain aircrafts constituted state aid and was incompatible with the internal market (the contested decision). Consequently, art 4 of that decision, read in the light of recital 70 of that decision would be annulled, in so far as it ordered the recovery of the aid from the airlines which had operated flights subject to the ATT at the lower rate during the period concerned. 

Sterilisation – Mentally handicapped person. The proceedings concerned DD, a 36-year-old woman with autistic spectrum disorder and mild to borderline leaning disability, who had six children all being raised by permanent substitute carers. The Court of Protection held that she lacked capacity to litigate, and to make the critical decision about contraception and sterilisation. Having weighed the relevant considerations, it held that laparoscopic sterilisation was in DD's best interests and authorised the applicants to undertake that procedure. It further permitted forcible entry into DD's home, and the withholding of the date of the procedure from her and her partner. 

Elections – European Parliament. The 1,015 applicant serving prisoners complained that they were prevented from voting in elections, relying on art 3 of the First Protocol to the European Convention on Human Rights (art 3). The European Court of Human Rights, in allowing the application, held that there had been a violation of art 3, given that the impugned legislation remained unamended after the court's decision in Greens v United Kingdom (Application No 60041/08) ([2010] All ER (D) 280 (Nov)), which had required amendment to render the electoral law compatible with the requirements of the Convention. 

Divorce – Financial provision. There was before the court an application by the husband on Form A regarding the variation of a financial order made by the German court following divorce proceedings between him and his wife. The Family Division held that the Form A and issued on behalf of the husband had not validly seised that court with competent power to make an application for a financial order: specifically an order varying a periodical payments order. There was only one route laid down by European Council Regulation (EC) 4/2009, via Central Authorities.