Latest Cases

Abortion – Legal abortion. The local authority came before the court seeking an order that the pregnancy of a 13 year old girl be terminated. The Family Division held that having regard to the terms of the Abortion Act 1967 and the best interests of the girl, there would be an order for a termination. 

Value added tax – Repayment of. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeal by the Revenue and Customs Commissioners against the refusal by the First-tier Tribunal (Tax Chamber) (the FTT) to strike out the taxpayer's appeal against the Revenue's rejection of the taxpayer's direct claim from the Revenue for repayment of VAT erroneously charged on an exempt supply. The tribunal decided that the FTT had no jurisdiction to entertain that appeal on the basis that pursuant to s 80 of the Value Added Tax Act 1994, a claim for repayment might only be made by the person who had accounted for and paid to the Revenue the tax then being reclaimed, which in the present case had been the taxpayer's supplier. 

Carriage by air – International carriage. The claimant sought compensation for his flight delay, under Regulation (EC) 261/2004. The judge found that the exception in art 5(3) of the Regulation applied and awarded the claimant compensation. The defendant air carrier appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that judge had adopted a mistaken reading of European case law, as he had focused on the consequences of the technical problem instead of the source. However, the defendant's submissions as to the meaning of art 5(3) of the Regulation failed to give proper effect to the language of the exception. 

Mental health – Court of Protection. The local authority came before the court seeking to be appointed as the deputy of a 91 year old, GW, for his property and affairs. GW's niece, who had been managing his finances objected. The Court of Protection allowed the authority's application as it was in GW's best interests. 

Criminal law – Trial. The defendants were due to be tried for terrorism related offences. The court ordered that the entirety of the criminal trial be held in private and that the defendants would remain anonymous. Further restrictions were placed on reporting the hearing and judgment that had resulted in that order having been made. The Court of Appeal, Criminal Division, ordered that, although the core of the trial should be in private, part would be held in open court. Further, the anonymity orders would be lifted and, finally, the order that had prohibited reporting of the earlier proceedings had not been justified. 

Medical practitioner – Negligence. The claimant issued proceedings for injuries and losses sustained as a result of the defendant general practitioner's failure to diagnose her with bacterial meningitis. The Queen's Bench Division, in allowing the claim, held that a reasonably competent general practitioner would have diagnosed or had a high suspicion that the claimant had been suffering bacterial meningitis and would have treated her with both penicillin and urgent referral to hospital. Accordingly, the claimant succeeded on the issues of liability in respect of both breach of duty and causation. 

Minor – Removal outside jurisdiction. ACH was five. She and her mother lived in the United Kingdom. The father lived in America. Following unsuccessful proceedings in the UK, he had obtained orders from the Texan court that would allow him to obtain a passport for ACH without the mother's permission. The mother sought an order stating that, were the father to enter the UK, his passport and any passport for ACH could be seized. The Family Court held that, in the circumstances, it was appropriate to make the order sought. 

European Union – Freedom of establishment. The Court of Justice of the European Union made a preliminary ruling concerning arts 49 and 54 of the Treaty on the Functioning of the European Union (TFEU). The requests had been made in three sets of proceedings concerning the formation of tax entities. 

Prison – Prisoner. The claimant remand prisoner sought judicial review of the decision not to temporarily admit her to the mother and baby unit pending the outcome of her trial for attempted murder and wounding with intent and sentence. The Administrative Court, in allowing the application, held that, amongst other things, the procedure adopted by the prison authorities had not complied with the procedural requirements imposed. Accordingly, the decision was wrong as a matter of domestic public law and disproportionate. 

Town and country planning – Permission for development. The claimant local authority appealed against the grant of planning permission to the second defendant to enable it to operate a supermarket. The Administrative Court, in dismissing the appeal, held that the inspector appointed by the first defendant Secretary of State had reached a decision he had been entitled to make in the exercise of his planning judgment, on the material before him. He had not erred in assessing the noise levels, and although he had indicated deliveries would have less impact at noisier hours of the day and smaller lorries would be easier, he had not obliged the second defendant to do so.