Latest Cases

Arrest – Unlawful arrest. The claimants issued proceedings against the defendant Metropolitan Police Commissioner for unlawful arrest and assault. The judge dismissed the claims on the grounds that the police had acted on a reasonable belief that the claimants were implicated in a recent burglary, influenced by a collision between the claimants' and police vehicles. The claimants appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that it had been the Commissioner's case that the vehicles had come into contact in a manner which had reasonably fuelled the officers' suspicion that the claimants had been implicated in a recent crime. Further, his findings had been open on the evidence. 

Mental health – Admission of patient to hospital. The applicant NHS trust applied to the obtain a caesarean section delivery of the respondent's baby against her will. The respondent was a patient detained under the Mental Health Act 1983. The Family division held that it would make an interim order to that effect given the likelihood of serious ill health if the operation did not proceed, the small risks of the general anaesthetic and the fact of a scar were very significantly outweighed by the advantages to both mother and unborn baby of proceeding in that way. 

Practice – Pre-trial or post-judgment relief. In a personal injury claim brought against a cosmetic surgeon who resided and worked in Italy but who carried out an allegedly negligent procedure at a clinic in London, the Court of Appeal, Civil Division held that the claim form had not been validly served at his place of business as he was not sued as an individual in a business name and he should in any event have been served in Italy. 

Evidence – Admissibility. The Court of Appeal, Criminal Division dismissed a number of appeals against conviction and sentence for firearm, riot, and arson offences which occurred as a result of public disorder in August 2011. The offences in question centred on an incident where a pub was set alight, causing police to attend the scene who were subsequently fired upon with a number of firearms, including a police helicopter. The convictions were safe and the sentences imposed were not too long or manifestly excessive in the circumstances. 

Town and country planning – Permission for development. The defendant local authority granted the interested party planning permission with conditions attached. The judge quashed that decision on the basis that the grant of planning permission and the imposition of conditions had been inconsistent. The local authority and the interested party appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that there had been no inconsistency between the two positions adopted by the authority. Further, the authority had been in the position to properly assess the likely effect of the development and it had considered all relevant environmental effects. 

Practice – Trial. In the course of proceedings, the first to third defendants applied to vacate the trial date, on the grounds that further time was required for them to prepare for the hearing in the case. The Chancery Division dismissed the application, holding, among other things, that no sufficiently strong reason had been provided to delay the trial. 

Town and country planning – Planning authority. An inspector for the Secretary of State approved the defendant local authority's core strategy for 56 new dwellings to a village out of 226 for the locality. The claimant challenged the core strategy. The Administrative Court, in dismissing the application, held that the inspector had not erred in law in concluding that the core strategy had been sound and that his decision had not been Wednesbury unreasonable. Further, the challenge to the adequacy of the inspector's reasons had not been made out. 

Company – Scheme of arrangement. The Chancery Division held that there was no legal or equitable impediment to a bank agreeing to modify a scheme of arrangement in respect of the Co-Operative Bank plc and, in all the circumstances, the court approved the modified scheme which had been put forward for approval. 

Arbitration – Award. In the course of an arbitration, the defendants failed to comply with a number of orders of the arbitrator. The claimant sought to enforce peremptory orders of the arbitrator under s 42 of the Arbitration Act 1996. The Chancery Division held that, in the circumstances, it would be appropriate to allow the claimant to enforce the award under s 42 of the Act. 

Sentencing – Child pornography. High Court of Justiciary: Refusing an appeal against sentence by an appellant who pled guilty to an offence involving downloading indecent images of children, the court held that the sheriff was fully justified in selecting 42 months as the starting point for his sentence, and the allowance of a discount of one seventh of the sentence on account of the guilty plea was not inadequate but fell within the sentencing sheriff's discretion