Latest Cases

Costs – Assessment. The Queen's Bench Division held that the master had erred in principle in his decision in relation to the costs namely whether a retrospective success fee was allowable in all the circumstances of the case before him. In that respect the master had been wrong as there was no basis for any conclusion that the risk was different in December 2012 to that which had existed in July. 

Immigration – Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) allowed the claimant Kazakhstani national's application for judicial review of the defendant Secretary of State's decision treat his application for further leave to remain as invalid on the basis that he had failed to submit a police registration certificate. The certificate had not been specified as mandatory in the application form or in any related guidance. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division granted the claimant an injunction to restrain the use of documents to which Legal Professional Privliege had applied and which contained confidential information in a libel trial. 

Local authority – Contract. The Commercial Court made rulings on preliminary questions in a dispute concerning the provision of services by the claimant company to the defendant local authority. The court held that, at the time in issue, the claimant had been in breach of the agreement between the parties. The authority had been entitled to terminate the agreement. 

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to Greece to serve a sentence of 22 years' imprisonment for two counts of sexual offences against a young boy. The judge had been entitled to conclude that the appellant's extradition would be compatible with his rights under the European Convention on Human Rights and, having reached that conclusion, he had been required to order extradition. 

Pension – Pensions Regulator. The Administrative Court held that, in determining whether seafarers employed by the claimant fell within the territorial scope of the Pensions Act 2008, as the defendant Pensions Regulator maintained, so as to qualify for automatic enrolment into a pensions scheme, the test had to be whether the individual was working in Great Britain in the sense of working with their base in Great Britain, rather than doing work here on a temporary basis. 

Extradition – Discharge. The Divisional Court dismissed the United States of America's appeal against the discharge of the respondent from extradition to face trial for 19 charges of sexual assault allegedly committed against an adolescent boy. The requesting state's assurance was insufficient to obviate the risk of a flagrant breach of the respondent's rights under art 5 of the European Convention on Human Rights in relation to the danger of being subjected to a civil commitment order. 

Bank – Bank loan. The Queen's Division allowed the claimant banks claim in respect of £120,000 pursuant to a loan. It rejected the defendant's contention that the claimant had induced a breach of contract and that he court rely on s 1(1)(b) of the Contracts (Rights of Third Party) Act 1999. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division held that the principles applicable to cases where a parent wished to relocate with his or her child within the United Kingdom were the same as those applicable to cases where a parent sought to relocate outside the United Kingdom: namely the welfare of the child was paramount. There was no rule that internal relocation could only be refused in exceptional circumstances, and the proportionality of any interference with a parent's rights under art 8 of the European Convention on Human Rights should be considered as part of the same balancing exercise, and not separately. 

Extradition – Extradition order. The Administrative Court dismissed the appellant's appeal against orders for his extradition to Austria to stand trial for counterfeiting. The appellant's challenges based on dual criminality, forum, proportionality and art 8 of the European Convention on Human Rights were rejected.