Latest Cases

Employment – 'Worker'. The employment tribunal had decided, as a preliminary issue, that the claimants were 'workers' for the purposes of the National Minimum Wage Act 1988, thereby entitling them to pursue claims for national minimum wage and holiday pay. The Employment Appeal Tribunal allowed the employer's appeal against that finding, deciding that the tribunal had not approached the question of worker status correctly and had not given sufficient reasons for its decision. The matter was remitted to be heard afresh. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, in considering a father's appeal against a decision to refuse his application for permission to revoke placement orders in respect of two of his sons, held that the judge had been wrong to conclude that there had not been a change in circumstances sufficient to allow him to proceed to the second stage of the relevant test, namely whether leave should be granted. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Poland to face sentences for possession of drugs and appropriating an identity document. The Administrative Court held that the identity document offence had not amounted to the offence under s 25 of the Identity Cards Act 2006, let alone any offence involving dishonesty. Accordingly, that particular offence had not been an extradition offence and the appellant would not be returned in relation to it. However, without the identity document offence there was time to be served and there was no reason for a decision that return would be disproportionate. 

Sentence – Mandatory life sentence. On an application for review of the offender's minimum term under para 3 of Sch 22 of the Criminal Justice Act 2003, the Queen's Bench Division held that the appropriate minimum term was 14 years' imprisonment less 184 days spent on remand. The court held that there had been exceptional and outstanding progress so as to justify a reduction in the minimum term. 

Immigration – Leave to remain. The two appellants appealed against the dismissal of a judicial review claim and refusal of permission for judicial review, respectively, in relation to decisions of the Secretary of State to grant them limited discretionary leave to remain, as opposed to indefinite leave to remain. The Court of Appeal, Civil Division, in dismissing both appeals, held that there had been no material illegality in the decisions. 

Fire – Damages. The proceedings concerned a dispute as to liability in respect of a fire which had occurred at the defendant's premises and spread to the claimant's premises. The claimant contended that the fire had started as a result of the self-combustion of linseed oil-soaked rags, which the defendant had disposed of in an unlidded metal tin within the spray booth enclosure at the defendant's premises. The Queen's Bench Division, in dismissing the claim, held that the fire had not started as alleged by the claimant, and accepted the defendant's case that the cause of the fire had been an electric fault. 

Criminal law – Child sex offences. The Court of Appeal, Criminal Division, refused an application by the Attorney General to refer a sentence as being unduly lenient pursuant to s 36 of the Criminal Justice Act 1988. The offender had been convicted of the rape of a child under 13 contrary to s 5(1) of the Sexual Offences Act 2003 and sentenced to seven years' imprisonment. The rape had occurred when the offender's seven year old daughter had got into the offender's bed in the night and the offender claimed to remember nothing of the incident. The court noted the unusual circumstances of the case and held, amongst other things, that the judge had not downplayed, or not unreasonably downplayed, the relationship of father and child. 

Tort – Conspiracy. The claimants brought an action concerning the sale of petrol-related chemicals to Iraq. They contended that, between 2003 and 2008, Innospec had conspired with others to injure them by engaging in corrupt practices, in particular the bribing of officials in the Iraqi Ministry of Oil (the MOO). They submitted that, had it not been for the bribery and corruption, the MOO would not have made a major contract with them. The Commercial Court, in dismissing the action, held that the claimants had failed to show that the decision had been procured by bribery and, on that ground, the claim failed. 

Practice – Pre-trial or post-judgment relief. The Revenue and Customs Commissioners (the Revenue) presented a creditor's petition to wind up a company, alleging unpaid VAT. The company's appeal to the First-Tier Tax Tribunal (FTT) against the assessment of VAT was pending. The court appointed a provisional liquidator of the company until the conclusion of the hearing of the petition and it made further orders. The company applied to discharge the earlier orders and terminate the provisional liquidation. The Companies Court, in dismissing the application, held that the court had had jurisdiction to appoint a provisional liquidator and that appointment would be ordered to continue, pending the effective hearing of the petition. 

Employment – Contract of service. The claimant worked as a senior Human Resources person within the defendant NHS trust. Following a review by an external consultant , it became clear that the claimant might not be required in her role and her future within the organisation was in doubt. She suffered illness as a result of the handling of the matter and brought a claim under s 1(1)(a) of the Protection from Harassment Act 1997, and in common law negligence. The Queen's Bench Division held that although there had been one momentary lapse by personnel of the defendant, neither of her claims had been made out.