Latest Cases

Local authority – Residential care home. The Court of Appeal, Civil Division, considered the National Assistance (Assessment of Resources) Regulations 1992, SI 1992/2977, which required a local authority, when assessing the value of a person's assets in order to determine their ability to pay for residential care, to disregard the value of any premises occupied by certain family members as their home. The court, in allowing the defendant local authority's appeal, held that the disregard extended only to properties occupied by specified family members at the time that the resident first went into care. 

Criminal evidence – Hearsay. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against his conviction for murder and perverting the course of justice, held that the judge had been entitled to conclude that it was in the interests of the defendant and co-defendant that an alleged hearsay statement should be admitted in evidence, pursuant to s 114 of the Criminal Justice Act 2003. 

Employment tribunal – Procedure. The employee brought proceedings against the employer, alleging, among other things, constructive dismissal and racial and age-related harassment. She raised an issue about compliance with statutory grievance procedure for the first time at the start of the substantive hearing. The employment tribunal allowed the point to be taken. The Employment Appeal Tribunal, in dismissing the employer's appeal, held that the point had been arguable. 

Mental Health – Persons who lack capacity. The applicant and first respondent acted contrary to a best interests declaration made by the Court of Protection. The court held that acting contrary to a declaration could not trigger contempt proceedings. It gave guidance on the correct approach of the parties and the court to orders made under s 16 of the Mental Capacity Act 2005. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Lithuania to face trial for a joint enterprise offence of organising the transportation of prostitutes to the United Kingdom and then gaining profits from the acts of prostitution of those transported. The Divisional Court, in dismissing the appeal, gave guidance on the new 'forum bar' provision in s 19B of the Extradition Act 2003. It held that there was no forum bar to the appellant's extradition. 

Statutory demand – Setting aside statutory demand. The Chancery Division, in dismissing the defendant's appeal, held that a decision by a lower court, dismissing an application to discharge a statutory demand served on him should be dismissed, had been correct. The defendant did not have a counterclaim that exceeded the amount of the debt stated in the statutory demand and, therefore, there were no grounds for setting aside the statutory demand. 

Sentence – Imprisonment. The offenders, Z and J, were part of a group of men who had been involved in the sexual exploitation of vulnerable young girls. The Court of Appeal, Criminal Division, held that the offenders' sentences had been unduly lenient. J's sentence, for one count of sexual activity with a child, was increased to one of three years' detention. In respect of Z, a consecutive term of five years' imprisonment was imposed in respect of the offence of trafficking within the United Kingdom for the purposes of sexual exploitation. 

Town and country planning – Permission for development. The claimant applied to quash the decision of the first defendant Secretary of State, dismissing her planning appeal. The Planning Court, in dismissing the application, held that, although the Secretary of State had not followed another decision or expressly departed from it, giving clear and proper reasons for having done so, consideration of the other decision would not have made a difference in the present case. Further, the Secretary of State had correctly treated the best interests of the children affected by the decision as a primary consideration. 

Town and country planning – Permission for development. The claimant sought judicial review of the defendant local planning authority's grant of planning permission for the development of a wind farm and an access track. The Planning Court, in dismissing the application, held that the authority had had full regard to the development plan and the priority which should be given to its provisions, and had applied the two-stage analysis proposed by the claimant. Further, the conditions imposed appeared to satisfy the applicable test and no positive evidence that a condition could be met was required. 

European Union – Rules on competition. The General Court of the European Union dismissed the application by Akzo Nobel, Akzo Nobel Chemicals Holding and Eka Chemicals for the annulment of Commission Decision C(2012) 3533 final rejecting a request for confidential treatment submitted pursuant to 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).