23 April 2018
This week’s starred law reports - including landmark right to be forgotten case involving search engine giant Google.
16 April 2018
This week’s starred law reports include a trusts case and the jurisdiction of the High Court, building and construction, criminal defence of victims of slavery or trafficking, and a customs and excise consumer product case.
03 April 2018
This week’s starred Law Reports - a case over jurisdiction, Worboys, and personal injury in the workplace.
26 February 2018
This week’s starred Law Reports - including two landmark human rights decisions in the Supreme Court.
Extradition
The appeal of an extradition order was successful on the grounds that it would be oppressive to extradite him.
Family
Proceedings related to seven children for whom a final care order had been made in respect of each in favour of the same local authority. Some of the children were in foster care and others in specialist placements. All were subject to certain restrictions on their movement or liberty.
Costs
An appeal raised the issue of whether a litigant in person could recover costs for work undertaken by a foreign lawyer.
Family
The third respondent, presently aged 11 months, suffered acute brain injury following severe hypoxia during labour and delivery. He was admitted to the paediatric intensive care ward of the applicant hospital. The hospital applied for declarations that the provision of life-sustaining treatment was no longer in his best interests. The ...
Pensions
Misuse or misappropriation of assets of pension scheme
Family
A transgender father’s appeal against a refusal for direct contact with his five children who belonged to the Charedi Jewish community allowed and remitted for reconsideration.
Prisons
The appellant was a serving prisoner at a state-run prison. He was a non-smoker and suffered from a number of health problems, which were exacerbated by tobacco smoke, including hypertension and coronary heart disease.
Personal injury
The claimant was injured and her husband killed while on an excursion in Egypt which they had booked through their hotel.
Immigration
The Court of Appeal held that the secretary of state’s initial decision withholding consent to the release of the applicant foreign criminal (L) on bail had been made on a rational basis, having had proper regard to the judge’s decision to the contrary.
Mental health
Court of Appeal upheld the High Court’s ruling that it was not lawful for the defendant local social services authority to refuse to provide after-care services to the claimant, on the basis that the claimant had no need of such provision because he was able to fund it himself from ...
Gambling
Supreme Court held dishonesty was not an additional legal element of cheating at gambling.
Industrial relations
Queen’s Bench Division granted an injunction to restrain the defendant Communication Workers Union (CWU) from unlawfully calling strike action.
Employment
The Supreme Court, in allowing an appeal against dismissal by the respondent Metropolitan Police Commissioner, held that a tribunal is not barred by the principle of judicial immunity.
Council vicariously liable for abuse committed by foster parents
Lawyers will need to pay close attention to local authority contracts with independent fostering agencies.
Press regulations
Divisional Court dismisses application for judicial review, arguing the defendant had not erred in its decision to grant recognition to the interested party, which regulated number of small or smaller publishers.
Immigration guidance ruled unlawful
Court rules aspects of the defendant Secretary of State’s Adults at Risk in Immigration Detention guidance on the definition of torture were unlawful.
Damages for breach of contract
Father loses damages claim after former partner faked consent for baby to receive IVF treatment.
Environmental costs
High Court ruled the government’s interpretation of rules protecting people bringing environmental law cases against the government from ruinous costs bills requires further review.
False imprisonment
Queen’s Bench Division ruled Michael Barrymore was not lawfully arrested and subsequently able to recover damages from police.
Criminal justice
Court of Appeal allowed the defendant optometrist’s appeal against conviction and quashed her conviction for an offence of gross negligence manslaughter.
Immigration
Court of Appeal give guidance on the general approach to be adopted in law and practice by the tribunals to the fair determination of claims for asylum from children, young people and other incapacitated or vulnerable persons whose ability to effectively participate in proceedings might be limited.
Iraq War
High Court refuse defendant attempt to gain permission for Supreme Court to issue a summons for a private prosecution of Tony Blair, Jack Straw and Lord Goldsmith.
Employment tribunal fees
Fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal were ruled unlawful by the Supreme Court, both at common law and under European Union law.
Bankruptcy
The Crescent Farm principle had no application in the case of the passing of property to a trustee in bankruptcy.
Medical treatment
Charlie Gard judgment in full.
Freedom of expression
Supreme Court dismissed the appellant’s appeal against the decision not to grant an interim injunction to restrain publication of any information that might identify him in circumstances where he had been arrested but never charged in relation to the sexual abuse of children.
Equal rights
Supreme Court declared that the male appellant’s husband was entitled to a spouse’s pension calculated on the basis of all the years of the appellant’s service with the respondent.
Financial services
Four banking groups sought the courts guidance concerning ring-fencing transfer schemes (RFTSs).
Saudi arms trading
The High Court ruled that arms sales to Saudi Arabia by the United Kingdom government is legal.
Terrorism
The Secretary of State was granted permission to issue terrorist prevention and investigation measures
Income tax
Supreme Court dismisses the appeal of Rangers FC, holding that payments made to the principal trust should have been subject to deduction of income tax.
Extradition
Divisional Court held that it was open to a requesting judicial authority to add missing information to a deficient European arrest warrant so as to establish its validity.
Criminal justice
Divisional Court quashed decisions to suspend, pursue the statutory process against and require the claimant former Chief Constable to resign, following his statement on the Hillsborough disaster.
Divorce
In Sharp v Sharp, the Court of Appeal held that held that the wife was correct to contend that the combination of potentially relevant factors was sufficient to justify a departure from the equal sharing principle.
Immigration
Secretary of state makes deportation orders against appellants, who were foreign nationals with indefinite leave to remain in the United Kingdom, having been convicted of serious drug-related offences.
Insurance
The Supreme Court upheld the original Court of Appeal decision that that a casualty had been caused by an ‘abnormal occurrence’ with the result that no breach of the safe port warranty had occurred.
Court proceedings
Documents created during criminal investigation not legally privileged.
Real estate
The Supreme Court, in dismissing the appellant’s appeal against a finding that the local authority’s housing duty to her had been discharged, held that the reviewing officer had been entitled to find that there was no medical evidence that a property of its type would have the consequence that the ...
Human rights
The Court of Appeal, Civil Division, considered a number of appeals involving individuals with previous criminal convictions/cautions/reprimands, the Metropolitan Police Commissioner, the Chief Constable of Surrey Police and the Secretaries of State for Justice and the Home Department. A number of determinations were made in relation to the statutory scheme ...
Town and country planning
The Supreme Court, in dismissing appeals brought by two local authorities, ruled on the proper interpretation of para 49 of the National Planning Policy Framework, which provided that housing applications should be considered in the context of the presumption in favour of sustainable development, and that relevant policies for the ...
Local government
The Court of Appeal, Criminal Division, declared that, in the circumstances, a council had had no power to prosecute three defendants under section 222 of the Local Government Act 1972. Further, as an entirely statutory creation, the council had had no free-standing common law power to prosecute more generally.
Insurance
Motor insurance policy extended to liability for damage to property of third parties as result of fire caused by repair work carried out by policyholder at time when car immobilised
