Latest Cases

Immigration – Appeal. The claimant Pakistani national had extended leave to remain as a student before it was discovered that his test score had been cancelled as invalid due to evidence of fraud. The defendant Secretary of State refused his application for leave to remain and set directions for his removal. The claimant renewed his application for permission to challenge the Secretary of State's decision to remove him. The Upper Tribunal (Immigration and Asylum Chamber), in refusing permission, rejected the claimant's arguments that he had in-country right of appeal. 

Sentence – Mandatory life sentence. The offender was 15 years old when she stabbed the deceased to death with a kitchen knife, for which she was sentenced to detention at Her Majesty's pleasure with a minimum term of 12 years, less the time spent on remand. She sought review of the minimum term. The Administrative Court, in allowing the application, held that it was clear that the offender had made exceptional and unforeseen progress such that it was clear that the tariff presently applicable to her was too long. Accordingly, the minimum term was to be reduced to 11 years, less time spent on remand. 

European Union – State aids. The General Court of the European Union dismissed the application by Vtesse Networks Ltd, established in the United Kingdom, for the annulment of Commission Decision C(2010) 3204 of 12 May 2010 declaring the aid measure 'Cornwall & Isles of Scilly Next Generation Broadband, compatible with art 107(3)(c) of the Treaty on the Functioning of the European Union. 

Solicitor – Duty. The bank had issued proceedings against the defendant firm of solicitors for breach of trust in connection with a re-mortgage transaction. The Court of Appeal, Civil Division, held that the judge had been entitled to find that the solicitors had acted in breach of trust in failing to use the bank's advance to fully discharge the prior charge on the property, but had erred in finding that the breach was limited to the amount of the shortfall which would have been necessary to fully discharge the prior charge in circumstances where the solicitors had had no authority to release any of the funds. However, the relief granted was equitable compensation calculated by reference to actual loss related to the undischarged prior charge. The Supreme Court, in dismissing the bank's appeal, affirmed the general approach to the assessment of equitable compensation for breach of trust as described in Target Holdings Ltd v Redferns (a firm) [1995] 3 All ER 785. 

Landlord and tenant – Licence to occupy premises. The Supreme Court allowed the appeal by the occupier of a mobile home against a decision of the Court of Appeal that a letter sent to the occupier by the owner of a residential site on which the occupier had stationed his mobile home, pursuant to an agreement between the parties, amounted to a notice that met the requirements of para 4 of Sch 1 to the Mobile Homes Act 1983 with the result that it had been reasonable to terminate that agreement following the occupier's anti-social activities. 

Sentence – Custodial sentence. The applicant prisoner serving an indeterminate sentence for public protection complained of breaches of art 5 of the European Convention on Human Rights, given the delay in commencing the sex offenders treatment programme required to show he was no longer a risk. The European Court on Human Rights, in dismissing the application, held that there had been no violation of art 5(1) of the Convention. A real opportunity for rehabilitation had been provided to the applicant, and there had been no unreasonable delay in providing him access to assessments and courses. 

Discovery – Production of documents. The first claimant applied for permission to use 22 documents disclosed in English proceedings by the Serious Frauds Office (the SFO) in Guernsey proceedings. The documents arose from liaison between the SFO and Guernsey authorities concerning an investigation into suspected fraud and related offences. The judge granted permission for two of three purposes and the first claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had correctly evaluated the conflicting public interests and had reached a decision which could not be impugned. 

Landlord and tenant – Determination of lease. In the course of a dispute with the local authority, the defendants sought to determine the lease on premises rented from the claimant company, Sirhowy. Sirhowy contended that breaches committed by the defendants were such as to prevent the lease from being determined. The Chancery Division held that, on the evidence, the defendants could not be considered to have observed and performed all their covenants when they had served notice to determine the lease. It followed that the notice had not have taken effect. 

Town and country planning – Enforcement notice. The appellant challenged an enforcement notice which had been issued following his conversion of a dwelling house into five flats. The inspector, appointed by the Secretary of State, upheld the notice and refused planning permission for an alternative scheme. The judge allowed the appellant's appeal and held that the inspector had erred in that a relevant power which could have brought about the proposed conversion had not been considered. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held that the inspector's conclusion, that he had not power to consider the alternative scheme under s 174(2)(f) of the Town and Country Planning Act 1990, had been correct. 

Family proceedings – Orders in family proceedings. The recorder granted a care order in relation to L in favour of the appellant local authority, but refused to grant a placement order. The recorder had given his main reasons for his decision in his first judgment and also issued an addendum. He gave a further judgment when he refused the appellant local authority's application for permission to appeal. The authority appealed against the refusal of a placement order in respect of L and contended, inter alia, that the judgments had been inconsistent with each other. The Court of Appeal, Civil Division, in allowing the appeal, held, inter alia, that to justify a decision such as that at issue would require the clearest of reasoning and that had been absent from the recorder's judgments.