Latest Cases

Extradition – Extradition order. The appellant appealed against the order for his extradition to France to face drug transportation charges. The Divisional Court, in dismissing the appeal, held that the European arrest warrant had contained proper particulars and the consequences of the interference with the appellant's rights under art 8 of the European Convention on Human Rights were not so exceptionally severe as to outweigh the public interest in extradition. Further, the judge had been entitled to conclude that it had been in the interests of justice that the appellant's extradition should take place. 

Unfair Dismissal – Right not to be unfairly dismissed. The Employment Appeal Tribunal (EAT) allowed the employee's appeal against a decision of the employment tribunal that the employer's letter terminating the employee's employment on the basis that he had reached retirement age had complied with the relevant provisions of the Employment Equality (Age) Regulations 2006, SI 2006/2408. The EAT decided that the letter had not complied with those provisions and that the form for request of extension of employment beyond retirement age which had accompanied that letter had also failed to comply with those provisions. 

Practice – Pre-trial or post-judgment relief. The claimants in a human rights claim regarding prison conditions in the United Kingdom had their cases struck out. They applied to have them reinstated. The Queen's Bench Division having regard to CPR 3.9 held that on the facts no relief from sanction would be granted in each of the five actions and they would consequently remain struck out. 

Company – Compulsory winding up. The Revenue and Customs Commissioners issued without notice applications for the appointment of provisional liquidators in relation to the affairs of two companies. The Chancery Division, having set out the principles upon which to proceed in dealing with without notice applications for the appointment of provisional liquidators, granted the applications. It held that, in the circumstances, there was no real alternative but to appoint provisional liquidators. 

Marriage – Foreign marriage. The Court of Appeal, Civil Division, allowed a wife's appeal against a declaration that her marriage by way of Nikah in Pakistan had been valid. On the new evidence presented, the decree absolute that had purported to end her previous marriage had been void as issued less than six weeks after the decree nisi. In any event, the amended date of decree absolute meant that the marriage had not been dissolved for the three month period required by Sharia law before a woman could re-marry. The matter would be remitted to consider whether the fact that her previous marriage had been a nullity due to the husband's bigamy had any impact upon the validity of the parties' marriage. 

European Union – Employment. The Court of Justice of the European Union ruled that art 7(1) of Directive (EC) 2003/88 of the European Parliament and of the Council (concerning certain aspects of the organisation of working time) should be interpreted as precluding national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was entitled, in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. 

Employment tribunal – Procedure. In dismissing an employee's appeal, the Court of Appeal, Civil Division, confirmed that the practice of employment tribunals to consult between themselves after the hearing and for the decision to be written by the employment judge alone, without a draft being provided to the lay members, if properly followed, was a legitimate procedure which satisfied the requirement that the decision and reasons should record the conclusions of all members of the tribunal. 

Injunction – Freezing order. The claimants (Anglo Financial SA and Fortis), brought proceedings against the defendant solicitor in respect of alleged breaches of loan agreements. A freezing order was made against G without notice. The claimants applied to continue the freezing order. The Chancery Division dismissed the application, ruling that there was no basis to find a real risk of dissipation of assets by G in the absence of a freezing order. 

Medicine – Product licence. The claimant issued judicial review proceedings on the basis that, when conducting a re-inspection, the Medicines and Health Care Products Regulatory Agency (the MHRA) was knowingly gathering evidence in the context and for the purpose of infringement proceedings which had been brought against it under Commission Regulation (EC) 658/2007. The Administrative Court, in dismissing the application, held that it could not declare that the MHRA's response to the European Medicines Agency's requests under art 8(3) of the Regulation had been unlawful or rule substantially rule on the contention that the material provided contained errors. Further, the MHRA's conduct had not been procedurally improper and unlawful in failing to advise the claimant of the potential use of the information. 

European Union – Reference to European Court. The Court of Justice of the European Union held, on a preliminary ruling, that Council Directive (EEC) 91/477 (on the control of the acquisition and possession of weapons), as amended by Council and European Parliament Directive (EC) 2008/51, should be interpreted as not precluding national legislation, such as that which was at issue in the main proceedings, which authorised the issue of a European firearms pass only to holders of weapons used for hunting and target shooting purposes.