Latest Cases

Sentence – Mandatory life sentence. The defendant sought review of the minimum term of 11 years' imprisonment imposed on him for murder. The Administrative Court, in allowing the application, held that all of the evidence showed overwhelmingly that the defendant had made exceptional and unforeseen progress since he had been sentenced, which called for reconsideration of his minimum term. Accordingly, the defendant's tariff would be reduced to nine years and nine months, less time spent on remand. 

Minor – Custody. The Court of Appeal, Civil Division, dismissed the father's appeal in respect of his application for the return of his children from Bangladesh. It held that, in considering a child's habitual residence, the court had to conduct a factual enquiry tailored to the circumstances of the individual case. Further, although there was jurisdiction to hear the application under art 10 of Council Regulation (EC) 2201/2003 (concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility) (Brussels II), the existence of jurisdiction and the exercise of it were two separate matters. On the facts of the instant case, the exercise of jurisdiction would result in the dismissal of the proceedings in any event. 

Family – Child of the family. There were before the court two application, one for financial provision and the other was whether the proceedings should be stayed on the grounds of forum non conveniens. The court held that due to delay the application on grounds of forum non conveniens would be refused and in any event, on the evidence it could not be said that the English court was incapable of reaching a fair conclusion on the evidence available. Appling established principles, based on the evidence the court awarded a total sum awarded by way of lump sum and periodical payments. 

Civil procedure – Summary decree. Court of Session: In an action to enforce an award of expenses made in judicial review proceedings brought by the defender's late mother, the court, granting summary decree, held that there was no defence to the action as the defence was dependent on a counterclaim that was incompetent, which failing irrelevant. 

Mental health – Patient. G, the patient, was an old and frail lady of 94 who came to the United Kingdom from St Lucia. She had had a full and independent life. In a previous Court of Protection decision, the court decided that G lacked capacity under the Mental Capacity Act 2005. Further investigation was needed to decide how her best interests would be met and her comfort and safety assured and whether the individuals, who had insinuated themselves into her home as carers, needed to be removed. The Court of Protection ordered that it was not in G's best interests that the individuals remained in her home and that it was in G's best interests for her to receive a package of care from carers commissioned by the authority in accordance with G's care plan. 

Value added tax – Exemptions. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) which had held that the taxpayer's business involved the making of supplies of a single service, the predominant element of which had been the provision of a licence to occupy a defined parcel of land, with the result that the supplies were exempt from VAT under Item 1 of Group 1 of Sch 9 to the Value Added Tax Act 1994. The tribunal decided that the correct classification of the single composite supply was the provision of storage facilities, which was subject to VAT. 

Contract – Construction. The claimant construction company carried out work at two NHS premises. The relevant contract stipulated that the work would be assessed by an independent tester. The tester refused to grant the necessary completion certificate. The claimant brought proceedings. It submitted that a narrower construction of the contracts was to be preferred, so that all that was required was compliance with the completion criteria. The second defendant NHS trust submitted that any breach of contract relating to the quality or conformity of the works required the tester to withhold the completion certificate. The Technology and Construction Court held that, on the true construction of the contracts, the claimant's interpretation was to be preferred. 

Parent and child – Contact. Court of Session: In an appeal by the mother of three children in foster care against a sheriff's decision confirming a children's hearing's refusal to increase the level of contact between her and the children, the court held that the sheriff did not err in refusing the appeal to her, and observed that the appeal to the Court of Session was entirely futile. 

Professional misconduct – Disciplinary proceedings. Following the second respondent's convictions for two counts of cruelty to a child under 16, the Fitness to Practise Panel of the first respondent General Pharmaceutical Council (the panel) found her fitness to practise was impaired and suspended her from the register for 12 months. The appellant Professional Standards Authority for Health and Social Care appealed. The Administrative Court, in allowing the appeal, held that the panel had erred in its approach to the question of the second respondent's insight into her conduct. The lack of insight and the lack of integrity identified by the panel meant that its decision to suspend, rather than remove, had been manifestly wrong. 

Value added tax – Input tax. The Upper Tribunal (Tax and Chancery Chamber) had found that the taxpayer was not entitled to deduct input tax from the fees that it had paid under a tri-partite agreement because it had not been the recipient of the supply of services for the purposes of s 24 of the Value Added Tax Act 1994. The Court of Appeal, Civil Division, upheld that decision as the tribunal had asked itself the correct question and had reached sustainable conclusions on its assessment of the relevant agreement.