Latest Cases

Extradition – Discharge of fugitive. The district judge, having accepted the judicial authority's assurance that the mandatory death sentence would not be carried out, refused to order the respondent's extradition to Ghana to face trial for murder, as it would be incompatible with his rights under art 3 of the European Convention on Human Rights. The judicial authority appealed. The Divisional Court, in dismissing the appeal, held that the judge had not been entitled to reject the specific assurance and that the mere fact that the death sentence would be imposed, by itself, did not impose a bar on extradition. However, the respondent would face treatment which would be inhuman and degrading to him, despite the assurance given, particularly given his mental health. 

Costs – Assessment. The applicant coach company had been a defendant in a personal injury action and had its costs assessed on a detailed basis. It applied for permission to appeal on the basis that the judge had misapplied CPR 44 of the old version of the rules. The Queen's Bench Division held that in assessing costs, a court could consider on an item by item basis whether a particular item of costs was proportionate and necessary even if costs were proportionate on a global basis. Permission to appeal was refused. 

Costs – Litigant in person. The Bar Standards Board sought judicial review of the Disciplinary Tribunal of the Council of the Inns of Court's decision awarding the interested party non-practising barrister costs. The Divisional Court held that the application of CPR 48.6 should have led to the conclusion that the interested party had not been entitled to charge for the expenditure of her own professional skill and judgment. However, the CPR were not even persuasive. Accordingly, the interested party's expenditure of her own time and skill could be compensated, and was assessed at £60 per hour. 

Landlord and tenant – Rent. The claimant tenant exercised a break clause in its lease with the defendant landlords. The judge implied a term which enabled the tenant to get back that part of the advance payment of rent which related to a period after the break date by when the lease would have been terminated. The landlords appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the correct inference to draw was that the parties had proceeded on the basis that the loss from a payment of rent for the broken period should lie where it fell. 

Arbitration – Award. The parties entered into agreements by which the defendant was to act as a global placement agent for the claimant, with a view to raising capital for claimant's real estate fund. The claimant purported to terminate the agreements for alleged breach by the defendant. A dispute over the payment of fees to the defendant was referred to arbitration. The arbitration tribunal considered a post-hearing submission by defendant and found its favour. The claimant appealed under s 68 of the Arbitration Act 1996. The Commercial Court, allowing the appeal in part, held that the tribunal had erred in dealing with an issue of which the claimant had had no notice and no opportunity to address. 

Insolvency – Administration order. The Registrar of Companies sought to challenge a court order, granting the joint administrators' application to have specified information removed from a statement of proposals for achieving the purpose of the administration which they had filed with the Registrar. The Chancery Division held that the Registrar could give effect to the order by exercising his power to remove material from the register pursuant to s 1094(1) of the Companies Act 2006. On the true construction of r 2.33A of the Insolvency Rules, SI 1986/1925, the jurisdiction of the court to make an order limiting disclosure of the specified part of the statement, as otherwise required by para 49(4) of Sch B1 to the Insolvency Act 1986, was not exhausted the moment the statement had been sent by administrators of a company. 

Company – Sale of shares – Misrepresentation. Court of Session: Refusing a reclaiming motion in an action concerning a premium the defender received for his shares after negotiating the sale of a company, in which the Lord Ordinary held that the pursuers, who claimed they agreed to the premium on basis of the defender's false representation that it was remuneration for his agreeing to act as a consultant to the company post-acquisition, were entitled to damages for loss caused by reliance on his negligent misrepresentation, the court rejected an argument that the pursuers were not entitled to damages because they should be treated as having discovered the true state of affairs prior to conclusion of the contract, the information having been in the hands of their agents. 

Local government – Councillor. The claimant long-standing local councillor challenged the Adjudication Panel for Wales' (the tribunal) decisions that he had breached the local council's codes of conduct, and disqualifying him for two years and six months. The Administrative Court held that the tribunal had correctly applied the civil standard of proof, but had erred in its factual findings with respect to two of the 14 alleged breaches. Further, the tribunal had imposed a manifestly excessive period of disqualification and it would be substituted by a period of 18 months. 

European Union – Conservation of natural habitats. The Court of Justice of the European Union made a preliminary ruling concerning This request for a preliminary ruling concerns the interpretation of art 6(3) and (4) of Council Directive (EEC) 92/43 (on the conservation of natural habitats and of wild fauna and flora). The request had been made in proceedings between T.C. Briels and Others and the Netherlands Minister for Infrastructure and the Environment concerning a project for widening a specific motorway. 

Personal Injury: Quantum Case. The claimant received £4,000 PSLA after suffering a laceration to the ulna side of his right hand. The wound healed over the course of a month but the residual symptoms, including restriction in movement in his little finger, and a 3 cm scar were permanent.