Latest Cases

Family proceedings – Orders in family proceedings. The Family Division held that the local authority had not persuaded the court of the central core of its case against the mother that she was a radical fundamentalist and therefore her children would be restored to her. 

National health service – Health authority. The Administrative Court dismissed the claimant's challenge, arguing that the defendant public authorities had failed to discharge the duty imposed upon them by s 3(1) of the National Health Service (Wales) Act 2006 to provide hospital accommodation throughout Wales. The claimant had failed to establish that the defendants had acted unlawfully. 

Mental health – Court of Protection. The Court of Protection, on an application for reconsideration of an earlier decision appointing a solicitor as an interim deputy for R's property and affairs, held that, in the circumstances, it would be in R's best interests to appoint a panel deputy. 

Town and country planning – Permission for development. The Planning Court dismissed the claimant's proceedings for judicial review of the defendant local planning authority's grant of planning permission to develop the former home of Sir Arthur Conan Doyle, which was a grade 2 listed building. There had been a history of consideration of other viable uses of the home, none of which had ever been achieved or realised in practice. 

Solicitor – Fees. The Mercantile Court granted the claimant solicitors' firm summary judgment in respect of a counterclaim made against it. In the circumstances, it held that the pleaded heads of the counterclaim had no real prospect of success. 

Appeal – Sentence. The Court of Appeal, Criminal Division, held that a fine of £500 for a sexual assault offence had been unduly lenient. The judge had erred in his sentencing approach by departing from the applicable Sentencing Council's Definitive Guidelines. In consideration of all the circumstances, a sentence of ten months' imprisonment was imposed for a category 1A sexual assault offence. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division made decisions around disclosure in relation to a personal injury case brought by the claimant prison officer against his former employer in the context of a large police investigation into crimes by staff at the prison. 

Prison – Prison conditions. The Administrative Court dismissed the claimant prisoners' challenge to the defendant Secretary of State's decisions, refusing them an oral hearing to determine their continued need to be held in category A. Nothing had been demonstrated which showed the Secretary of State's reasoning in refusing to hold an oral hearing had been so flawed or lacking as to be wrong. 

Bankruptcy – Appeal. The Chancery Division, in dismissing an appeal against a bankruptcy order, held that there had been a clear and careful judgment by the district judge, who had reached a decision that had been well open to her on the evidence. 

Court of Protection – Practice. The Court of Protection continued an injunction, prohibiting the identification of C, until 4:30 on the day that judgment was handed down on the basis that the media respondents wished to adduce further evidence and make further representations. The respondents would have a sensible opportunity to be satisfied that what they had put before the court was the full picture concerning their arguments about the public interest in identification, in particular, the public interest in the administration of justice.