Latest Cases

Immigration – Asylum seeker. The claimant Albanian national sought judicial review of the defendant Secretary of State's decisions to certify his human rights claim as clearly unfounded and to detain him pending removal. The Administrative Court, in dismissing the application, held that, despite interference with the claimant's family life, the Secretary of State's decision to certify that the claimant's human rights claim had been clearly unfounded had been rational and lawful. Further, it had been lawful for detention to be maintained, in particular, when family proceedings had been contemplated. 

Solicitors – Complaints – Rejection of complaint – Leave to appeal. Court of Session: Refusing an application for leave to appeal against a finding by the Scottish Legal Complaints Commission that a complaint against solicitors was 'totally without merit' the court concluded that the single ground of appeal did not have any real prospect of success and it refused the applicant's motion to be allowed to add additional grounds of appeal post avizandum. 

Building contract – Adjudication. The claimants fitted machinery at the defendant's premises. The claimants brought proceedings for outstanding sums. An adjudicator held for the claimants, and they sought to enforce the adjudicator's decision. The Technology and Construction Court held that the contract between the parties had involved 'construction operations', and the adjudicator had had jurisdiction to decide on the dispute. 

Arbitration – Award. The claimants sought to challenge an arbitration award on the ground of, among other things, serious irregularity which had caused or would cause substantial injustice. The Commercial Court held that, on the true construction of the Arbitration Act 1996, the claimants were debarred from bringing forward the complaints that they had made. 

Trade mark – Infringement. The claimant company, which manufactured and repaired ice cream vans, brought proceedings against the defendants, who had made their own ice cream vans. The Patents Court held that, on the evidence, the defendants had all infringed certain registered designs and the design rights in the designs. The second and third defendants had infringed a trade mark, and the third defendant was jointly liable for the first and second defendants' infringements of the registered design, the design rights in the designs and the trade mark. 

Employment law – Unfair dismissal. Court of Session: In a case in which the Employment Tribunal (ET) upheld a complaint of unfair dismissal by a prison officer who was dismissed for gross misconduct and the Employment Appeal Tribunal allowed the employer's appeal, the court, refusing a further appeal by the employee, held that in concluding that the circumstances of the appellant and another prison officer, who was not dismissed, were truly parallel and that to draw a distinction between them as regards sanction was therefore irrational, the ET had erred in law by substituting its own decision instead of asking itself whether the decision to dismiss was one which could have been taken by a reasonable employer. 

Contract – Construction. In a dispute as to the financial consequences of delays which had occurred to the drilling of an appraisal well off the south coast of Ireland, the Commercial Court made finding in respect of, among other things, breach of contract and the recoverability of costs during the relevant periods. 

Immigration – Leave to remain. The claimant Iraqi national sought judicial review of decisions of the defendant Secretary of State, refusing her leave to remain in the United Kingdom. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision-making was unlawful, as she had erred in applying the new Immigration Rules and it was simply not possible rationally to conclude that the decision would have been the same in any event. Further, s 117B of the Nationality, Immigration and Asylum Act 2002 offered some mild support for the claimant, rather than the Secretary of State. 

Immigration – Leave to remain. The claimant Turkish nationals sought judicial review of the defendant Secretary of State's decision to grant them three years' discretionary leave to remain in the United Kingdom, rather than indefinite leave to remain. The Administrative Court, in dismissing the application, held that the Secretary of State's failure to act in accordance with her promise to the claimant's Member of Parliament that she would treat the case as a priority within the legacy programme had not led to historical injustice. There could be no illegality in denying an entitlement to a decision any earlier, as no such entitlement had existed. 

Road traffic – Accident. The claimant brought a claim against the defendant driver, contending that she had suffered injuries which had been caused when the defendant's car had come into contact with her, sending her to the ground. The Queen's Bench Division, in giving judgment for the claimant with damages to be assessed, held that primary liability had been established and that the evidence did not justify a finding of contributory negligence on the part of the claimant.