Latest Cases

Divorce – Financial proceedings. Following the divorce of the parties, the Family Division made orders as to the division of matrimonial property. 

Elections – Local government. The petitioner, an independent candidate at a local government election, brought the election petition, under s 127 of the Representation of the People Act 1983, to challenge the validity of the election. The Election Court, in dismissing the petition, held that, as a matter of law, r 45(3A) of the Parliamentary Election Rules contained in Sch 1 to the Act applied only to parliamentary election counts and did not apply to local government election counts. Further, the Returning Officer had not been guilty of any act, omission or breach of duty in relation to the election and the first respondents had been duly elected. 

European Union – Concept of state aid. The Court of Justice of the European Union ruled that the practice in London, England, of permitting Black Cabs to use bus lanes on public roads during the hours when the traffic restrictions relating to those lanes were operational, while prohibiting minicabs from using those lanes, except in order to pick up or set down passengers who had pre-booked such vehicles, could be such as to affect trade between member states within the meaning of art 107(1) of the Treaty on the Functioning of the European Union, which it was for the referring court to determine. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Poland to serve the remaining four months and 13 days of a six-month sentence for assaulting a police officer in the execution of his duty. The Administrative Court, in allowing the appeal, held that the appellant had not served his sentence by virtue of being on a six-hour tag curfew. However, it would be disproportionate to return him, particularly given the amount of time outstanding. 

Proceeds of crime – Unlawful conduct. Following frauds committed by the defendant, the Chancery Division made rulings on whether and how the lead claimants would be able to recover sums paid to him. 

Account – Action for. The proceedings concerned an action brought by the claimants, seeking an account and associated enquiries against their former solicitor, the defendant. The Chancery Division held that the claim for an account in respect of any period before 1 August 1998 failed. However, there should be an account of all sums received by or to the order of the defendant from or at the direction of the claimant from 1 August 1998 and, further, an order that the defendant pay to the first claimant compensation for breach of duty in procuring the unauthorised payment of a sum to a third party. 

Immigration – Leave to remain. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision, refusing him leave to remain as an unmarried partner of a person present and settled in the United Kingdom. The Administrative Court, in dismissing the application, held that the substance of the Secretary of State's letter to 'endeavour to issue a response to you within 14 days' was not one of a promise from which it would be unconscionable on the part of the Secretary of State to resile. Further, the Secretary of State had not, by her letter, indicated that a full review would necessarily take place. 

Criminal law – Direction to jury. The defendant appealed against his convictions for indecency with a child, indecent assault and rape, and the sentences, totalling 13 years' imprisonment, imposed. The Court of Appeal, Criminal Division, held that the judge's summing up, particularly concerning the defendant's character, had not in any way rendered the convictions unsafe. However, the sentences on the indecency counts had been unlawful because there had been a statutory maximum of two years' imprisonment. The sentences of five years' imprisonment for the indecency offences would be quashed and substituted by concurrent sentences of two years' imprisonment, which would not alter the overall total sentence. 

Practice – Stay of proceedings. The petitioner brought a petition for relief in respect of Fenox (UK) Ltd, of which it was a 50% shareholder. The third respondent, with the support of the second respondent, applied for the proceedings to be stayed, pending determination of a wider partnership dispute by arbitration. The Companies Court held that, without a compelling reason to order a stay, it would decline to do so. 

Capital gains tax – Computation of chargeable gains – Contingent liability. Court of Session: Allowing an appeal by a taxpayer against a decision of the Upper Tribunal, the court held that a sum a company chairman paid in settlement of a court action was made for a contingent liability in respect of representations he made on a disposal by way of sale of his shares in the company within the meaning of s 49(1)(c) of the Taxation of Chargeable Gains Act 1992, so as to require adjustment of his liability to capital gains tax under s 49(2).