Latest Cases

Immigration – Removal. The determination of the First-tier Tribunal (Immigration and Asylum Chamber) to dismiss the claimant Ugandan national's appeal against the refusal of her asylum claim had been reached by a procedurally unfair process and would be quashed. The Administrative Court further ordered the defendant Secretary of State to use his best endeavours to facilitate the return of the claimant to the UK to enable her to continue with her appeal and found that the claimant had been unlawfully detained between 6 August 2013 up to 10 September 2013.

Libel and slander – Defamatory statement. The claimant's claim for slander and trespass to the person, arising from an incident at the self-service check out area at a Tesco store in Lewisham, in which a customer assistant had allegedly accused her of being a 'thief', was dismissed. The Queen's Bench Division held that the claimant, who had a graduate diploma in legal practice, had not discharged the burden of proving, on the balance of probabilities, that her version of events was correct. The court further held that, even if the words complained of had been spoken, the claimant had been unable to establish the threshold requirement of 'serious harm', within the meaning of s 1 of the Defamation Act 2013.

Insolvency – Bankrupt's estate. In a situation where the appellant had been made bankrupt twice, future payments under an income payments order (an IPO) were provable debts in a later bankruptcy commencing after the bankrupt had been discharged from the earlier bankruptcy. The Court of Appeal, Civil Division held, in allowing the appellant's appeal, that future IPO payments were not enforceable by the trustee in the earlier bankruptcy against the bankrupt and that recovery of future IPO payments was restricted to proof in the later bankruptcy.

Medical treatment – Capacity. A brave young man, MB, who had suffered a birth injury due to medical negligence, and who had lived his entire life with profound disability and pain had, if anybody could, earned his right to a peaceful death at home with those he loved. The Court of Protection so ruled, in circumstances where MB's physical condition had seriously deteriorated in hospital, due to a serious and persistent infection, and where the judge had visited MB in hospital and MB had communicated (through non-verbal techniques) his wish to be at home with his mother, being aware that, to do so, would result in his death. The court ruled that the applicant's care plan to facilitate MB's return home remained, not only a viable option, but the best option for him, having regard to the wider landscape of factors, including the commitment of the doctors and the professionals involved, and MB's wishes.

Bankruptcy – Petition. The petitioner's application for the making of a bankruptcy order against his brother, who was the debtor, succeeded, in a dispute concerning the parties' business in property development. The Chancery Division held that the petitioner had not acted unreasonably in refusing an offer made to him by the debtor. Nor had the petition been an abuse of process by having an improper collateral purpose, namely ruining the debtor.

Road traffic – Regulation of traffic. The road traffic regulation order (TRO) prohibiting the use of three linked rural 'green lanes' in designated areas by mechanically propelled vehicles had been lawfully made. The Court of Appeal, Civil Division, dismissed the appeal by the appellant, Trail Riders Fellowship, and held that the trial judge had correctly considered the balancing act in s 122 of the Road Traffic Regulation Act 1984 and his discretion could not be challenged.

Costs – Order for costs. The appellants' ATE insurance block-rated premiums taken out in clinical negligence actions had been successfully challenged by the respondent NHS Trusts on the grounds of proportionality and reasonableness. The Court of Appeal (Civil Division), allowing the appeals, set out the principles applicable to a consideration of the reasonableness and proportionality of an ATE insurance policy and set out the right approach to an assessment of costs.

Income tax – Penalty. The taxpayer's appeal against penalites imposed on him by the Revenue and Customs Commissioners (HMRC) for the late filing of individual tax returns pursuant to Sch 55 to the Finance Act 2009 was dismissed by the First-tier Tribunal (Tax Chamber)(the FTT). On appeal, the Upper Tribunal (Tax and Chancery Chamber) dismissed the taxpayer's appeal. The tribunal decided that: (i) on the balance of probabilities, notices to file had been sent to the taxpayer in respect of each of the tax years in question; and (ii) the taxpayer's contention that it had been disproportionate to impose those penalties in circumstances where no tax had been due did not amount to a special circumstance for the purposes of para 16 of Sch 55 to that Act.

Conflict of laws – Jurisdiction. The claimant's application for a declaration that, among other things, the courts of England and Wales had no power under the Civil Jurisdiction and Judgments Act 1982 to determine any of the causes in issue failed. Among other things, the court held that an anchor claim issued after the relevant claim was capable of conferring judgment, provided that the other requirements of the anchor provisions were satisfied.

Extradition – Prohibition on torture. The respondent requesting state's assurances on prison conditions, in particular on living space, would be accepted in the present case. Accordingly, the Divisional Court dismissed the appellants' appeals against orders for their extradition to Turkey on the ground that extradition would expose them to a real risk of being treated in a manner which breached their rights under art 3 of the European Convention on Human Rights.