Latest Cases

Mental health – Court of protection. The Court of Protection approved a care plan proposed by the applicant local health board for the respondent, W, who suffered from anorexia. The plan would allow W to return to her home and her flat from inpatient treatment to attempt to remedy her condition. If the attempt failed, the normal ethical and legal obligation upon the health services to reassess the situation would exist. 

Minor – Custody. In a case under concerning an application by a mother under the Hague Convention on the Civil Aspects of International Child Abduction 1980 for the summary return of her children from the United Kingdom to Australia, the Family Division held that an agreement of the mother to allow the children to come and live in England with the father for a period of time had necessarily to have imported into it a quality of residence that in the circumstances of the present case, the retention of the children by the father in the jurisdiction beyond the agreed date could not be considered to have been a 'wrongful retention' for the purposes of engaging art 12 of the Hague Convention. On that basis alone, the mother's application for the summary return of the children to Australia would be dismissed. 

Human rights – Right to life. The European Court of Human Rights dismissed the applicant's complaint that the decision not to prosecute any individuals in respect of the shooting of Jean Charles de Menezes by police officers following terror attacks and attempts in London was in breach of the procedural aspect of art 2 of the European Convention on Human Rights. It could not be said that the United Kingdom authorities had failed to discharge the procedural obligation, under art 2, to conduct an effective investigation into the shooting. 

Sentence – Evidence. The Court of Appeal, Criminal Division, held that, pursuant to s 36 of the Criminal Justice Act 1988, once it was concluded that a sentence had been unduly lenient based on the facts known to the judge below, then the court ought to pass a sentence that would properly reflect the circumstances, including consideration of all newly available material. Accordingly, in the circumstances, a sentence of 4 years and 4 months' imprisonment, for attempted grievous bodily harm with intent and carrying of an offensive weapon, would be quashed and substituted for a total extended sentence of 7 years, with an extended licence period of 4 years. 

Limitation of action – Period of limitation. The Queen's Bench Division held that the claimant who was bringing a claim under the Fatal Accidents Act 1976 in respect of her husband for personal injury, was entitled to an extension of time, pursuant to the provisions of s 33 of the Limitation Act 1980 so as to allow her claim to proceed. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division refused an application for pre-action disclosure in regard to an alleged deduction of payments in a sub-contract between the parties for the painting of submarines. An arbitration clause had been incorporated into the parties agreement by the sub-contract and therefore that was the means of dispute resolution. 

Compulsory purchase – Compulsory purchase order. The Court of Appeal, Civil Division, allowed an appeal against dismissal of a challenge against confirmation of a compulsory purchase order (CPO) regarding the site of Shepherd's Bush Market. The market traders had been substantially prejudiced by the Secretary of State's failure to comply with a relevant requirement, namely the duty to give reasons, in disagreeing with the inspector's recommendation that the CPO should not be confirmed. 

Tax – Avoidance. The Administrative Court dismissed the taxpayer's application for judicial review of an accelerated payment notice, showing the amount due of £106,842,02. The court considered the scope and effect of Ch 3 of the Finance Act 2014, which entitled the defendant Revenue and Customs Commissioners to impose upon persons suspected of tax avoidance an obligation to pay on account the amount the Revenue considered represented understated tax. 

European Union – Public procurement. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that the third sub-paragraph of art 1(1) and art 1(3) of Council Directive (EEC) 89/665 were to be interpreted as meaning that a main action for review brought by a tenderer with an interest in obtaining a particular contract who had been or could be adversely affected by an alleged breach of European Union public procurement law or rules transposing that law, with a view to excluding another tenderer, could not be dismissed as inadmissible under national procedural rules which provided that the counterclaim lodged by the other tenderer had to be examined first. 

Family proceedings – Orders in family proceedings. The Family Division ruled, on a fact finding hearing, that there was insufficient evidence to prove a local authority's case that it had been the intention of the respective parents of four children, who had been taken from the United Kingdom to Turkey and who were subsequently made wards of court, to take them to a war zone in Syria controlled by ISIS and to remain there on a permanent basis.