Latest Cases

Immigration – Detention. The claimant had arrived in the United Kingdom on a visitor visa, but was detained at the airport and suspected of planning to breach the terms of her visa by taking up paid employment. She was kept in immigration detention for a number of days before being temporarily admitted, but her passport was not returned to her until some months after her visa had expired. The Administrative Court allowed her application for judicial review and made declarations that she had been unlawfully retained and falsely detained and that the decision to detain her had been unlawful and ultra vires. She was awarded a total of £125,000 in damages for false imprisonment, interference with her rights under the European Convention on Human Rights and in exemplary damages. 

Practice – Civil litigation. The President of the Family Division, in the course of care proceedings, reaffirmed that parties were expressly prohibited by FPR 4.5(3) from agreeing alterations to timetables set by the court. Any amendment had to have the prior approval of the court. 

Building contract – Construction. The Technology and Construction Court considered a claim by long leaseholders in a block of flats, against, among others, the firm of architects responsible for developing the flats and the company employed to inspect the premises with a view to providing certificates to potential purchasers to confirm the quality of the construction. It found that the repairing covenant covered, among others, the claimants, and that the architects had owed a duty of care to the claimants. The costs of remedial work would be allowed, as well as damages for each claimant proportionate to their loss. An appeal to the Court of Appeal was allowed. The judge had erred in finding that the claimants were entitled to succeed on the grounds of negligent misstatement or collateral warranty. 

Trusts and trustees – Amendment of trust deed – Validity of amending deeds. Court of Session: Granting decree in an action for payment by trustees of a pension fund in which the defenders denied liability, questioning whether the formal amendment procedure set out in the original trust documents was followed, the court held that the amending documents were valid and accordingly the trustees were entitled to decree. 

Practice – Stay of proceedings. The claimant issued proceedings against the defendant for breach of contract and misrepresentation. The judge stayed the action in favour of the courts of Russia and the claimant appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the monetary claim, as pleaded, whether in deceit or breach of contract was unsustainable. Accordingly, there was no point in granting a stay in favour of Russia. 

Mental health – Court of Protection. The patient was an elderly lady of 79 years, 'J', with longstanding mental health problems and also, in later years, cancer. The relevant NHS Trust issued a notice of application in the Court of Protection seeking declarations: (i) that J lacked capacity to litigate; (ii) that she lacked capacity to take decisions about the proposed medical investigations and treatment; and (iii) that it was in her best interests to have those investigations and treatment. Having regard to the Mental Capacity Act 2005, the court made the declarations sought. 

Company – Voluntary winding up. The claimant companies sought relief, under s 212 of the Insolvency Act 1986, for the first defendant's misapplication of a company's funds while acting as its liquidator. The Chancery Division, in allowing the claim, held that the first defendant had acted in breach of the duty implicit in s 107 of the 1986 Act and had acted negligently in paying out the funds. Further, the first defendant's defences, including under s 1157 of the Companies Act 2006 and the illegality of the company's conduct were rejected, as her conduct had not been reasonable and the illegality defence did not arise in the circumstances. 

Adoption – Practice. The applicants sought a declaration that an adoption order made in Brazil in the applicants' favour in respect of their niece and nephew, D and E, be recognised under the law of England and Wales. The Family Division, in allowing the application, held that the adoptions of D and E should be properly recognised in accordance with the common law of England and Wales and that a declaration to that effect would be granted, pursuant to s 57 of the Family Law Act 1986. 

Personal injury – Breach of statutory duty. Court of Session: In an action by a pursuer who injured her back in the course of her employment with the defenders as a sales surveyor, the court held that the pursuer had proved how the accident happened, that it was caused by defenders' breach of statutory duty, and that there was no contributory negligence by the pursuer. 

Family proceedings – Orders in family proceedings. A young child, A, suffered brain trauma as a result of being shaken. The three respondents, A's mother, father and child-minder, disagreed as to the circumstances of A's injury. The applicant local authority brought care proceedings in respect of A and a fact-finding hearing was held to determine the identity of the perpetrator of A's injury. The Family Court held that A's child-minder had caused her injury.