Latest Cases

Extradition – Extradition order. The appellant appealed against orders for his extradition to Spain to face trial for dealing in a very small quantity of heroin and cocaine in 2004. He relied on his aged and unwell parents, and the time since the alleged offences. The Administrative Court, in dismissing the appeal, held that there were strong reasons why compassion should be shown to the appellant and that it would be no surprise if the Spanish court took the view that it could act with considerable leniency. However, the judge had been correct in the view he had taken. 

Mental health – Persons who lack capacity. The issues before the Court of Protection concerned the future of a 41-year-old Bangladeshi woman, TB. The court held that it was in TB's best interests that she should not return to live with her husband at the matrimonial home and, on the articulated test of 'relevant information' under s 3(1)(a) of the Mental Capacity Act 2005, she did not have the capacity to make the decision to have sex. As TB's care regime did involve detention under art 5 of the European Convention on Human Rights, there had to be at least six-monthly reviews by the court. 

Negligence – Damage. The deceased was admitted to the accident and emergency department of the defendant hospital, she died and her husband, the claimant brought a claim on behalf of her estate. The defendant admitted some of the breaches of duty pleaded but maintained that the deceased would have died even if there had been earlier diagnosis and she had received reasonably competent treatment within the time available. The Queen's Bench Division held that had the deceased been treated non-negligently during and following her arrival at the hospital, she would probably have survived. 

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. 

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. 

Natural justice – Bias. The appellant was the former Prime Minister of St.Vincent and the Grenadines (SVG). The respondent, a retired judge, had been commissioned to inquire into the failure of a project in SVG, which had resulted substantial losses to SVG' public purse. The lower court dismissed the appellant's application for judicial review, ruling that there had been no apparent bias on the part of the respondent in the interim stages of the inquiry. The Court of Appeal dismissed an appeal against that decision. The Privy Council, allowing the appellant's appeal, held that a fair minded observer would have concluded that there had been apparent bias such that the respondent would not have approached the remainder of the inquiry with impartiality. 

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. 

Immigration – Detention. The claimant national of the Democratic Republic of the Congo issued proceedings, alleging that his detention had been unlawful. The Administrative Court, in dismissing the application, held that the risk of re offending and absconding had justified the claimant's detention whilst the Secretary of State had awaited judgment in R (on the application of P) (DRC) v Secretary of State for the Home Department and another case ([2013] All ER (D) 181 (Dec)). Further, on new evidence, there had been a realistic prospect of removing the claimant after the Secretary of State had abandoned her appeal against that decision. 

Immigration – Detention. The claimant time-served foreign national offender issued judicial review proceedings, seeking damages to reflect his unlawful detention in prison, rather than in an immigration removal centre. The Administrative Court, in dismissing the application, held that it had been unlawful for the Secretary of State to operate a blanket policy, providing criteria for detention in prison, which had ignored the circumstances of any particular case. However, R (on the application of Krasniqi) v Secretary of State for the Home Department ([2011] All ER (D) 145 (Dec)) precluded a finding of breach of art 5 of the European Convention on Human Rights. 

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.