Latest Cases

Magistrates – Jurisdiction. The relevant caselaw established that Parliament had to be taken to have intended that compliance with the requirements set out in ss 17A and 20 of the Magistrates' Court Act 1980 was a precondition of a magistrates' court having jurisdiction to try an either-way offence, at least in the absence of clear evidence that the accused was himself a party to deliberate misleading of the court as to the identity of the person appearing before it. Accordingly, the Administrative Court allowed the claimant's application for judicial review of his convictions for failure to comply with enforcement notices in relation to breaches of planning control in circumstances where the claimant had been impersonated by his agent.

Minor – Custody. There was no doubt that, on an interim basis, the child's (K's) welfare would be best promoted by being reunited with his mother, in tandem with the continuation of the care that his grandmother and grandfather had provided over the last year. Accordingly, the Family Division allowed the mother's application for an order for K's return from India to the jurisdiction of England and Wales for a period of around six months from the date of his return.

Practice – Pre-trial or post-judgment relief. The defendant sewage undertaker's application to strike out the claimant's claim succeeded or the basis of, amongst other things, issue and cause of action estoppel. The Chancery Division, further held that the claimant's application to amend the claim form was to be dismissed as it had sought to add a further ground which had already been decided and was accordingly an abuse of process.

Settlement – Accruer clause. The judge had been correct in his construction of the terms of a settlement and determination of how a disputed share of the settlement fund, which had been held by an individual who had died without leaving children, should be applied. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant's appeal.

Police – Unlawful conduct. In finding that a police officer's actions in striking the respondent with a baton during an arrest had been disproportionate, the trial judge had erred in expressing specific findings as to whether the officer had intended to injure the respondent. The Queen's Bench Division held that there had been a lack of express reference by the judge of her findings and it was accordingly right to remit the matter for those matters to be considered afresh.

Medical treatment – Vulnerable adult. The applicant NHS Trust succeeded in its application for a declaration that the respondent (DE),

Legal aid – Civil legal aid. The defendant Director of Legal Aid Casework had not been wrong in refusing to grant the first interested party civil legal aid to challenge prohibitions in a public spaces protection order, to the extent that he had relied on the ground that the challenge had not had the potential to produce a benefit for her or a member of her family in the sense required by para 19(3) of Sch 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Accordingly, the Administrative Court, having determined the meaning of 'benefit', dismissed her application for judicial review.

Town and country planning – Enforcement notice. In an appeal by the London Borough of Brent against the decision of the Secretary of State for Housing, Communities and Local Government, who had dismissed an enforcement notice brought by the London Borough of Brent against a school, the Queen's Bench Division, Administrative Court, held that the inspector erred by failing to have regard to the submission made that a material change of use by way of intensification occurred in 2016. The matter was remitted to the Secretary of State for re-hearing and determination.

Sentence – Consecutive sentence. It could not be said that the defendant's total sentence of five-and-a-half years' imprisonment had been other than just and proportionate to reflect the totality of the serious offending against the background of such a bad record for similar offences. Accordingly, the Court of Appeal, Criminal Division, dismissed his appeal against the sentence imposed for robbery in a dwelling, burglary of that dwelling, theft of a vehicle driving whilst disqualified and using a vehicle without insurance.

Sentence – Drugs offences. The defendants' drug operation could not arguably be placed in category 3 (street dealing), and fell between category 2 and category 1. However, the Court of Appeal, Criminal Division, allowed the defendants' appeals against sentence.