Latest Cases

Competition – Rules on completion. The Administrative Court dismissed the claimant medical reporting organisation's challenge to the legality of part of the government's reforms to handling soft tissue whiplash claims. The system was not incompatible with national and European competition law, as the interested party had not abused a dominant position in the relevant market by administering the system in accordance with the requirements imposed by the defendant Secretary of State. 

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to Kenya to face trial for serious allegations of fraud. It rejected his arguments that there was no prima facie case in respect of the charges, that the extradition proceedings were an abuse of the process of the English court and that his extradition would be contrary to his rights under the European Convention on Human Rights. 

Disclosure and inspection of documents – Application for disclosure. The Technology and Construction Court dismissed two applications made by the claimant local authority. The authority sought to bring proceedings against the defendant project manager in relation to defects in a construction project. The court held that the authority's application for disclosure of documents was hopeless, and there was no justification for allowing its application to extend time for service of the particulars of claim. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court dismissed the appellant registered nurse's appeal against a 12-month suspension order imposed by a panel of the Conduct and Competence Committee (the panel) of the respondent Nursing and Midwifery Council. The panel's judgment had been both reasonable and proportionate in the circumstances of the case, and its reasons had met the required standard. 

Sentence – Suspended sentence. The Court of Appeal, Criminal Division, quashed the minimum term of nine years and three months imposed on the defendant, and substituted it for a sentence of eight years and nine months' imprisonment. The judge had not had the power to 'increase' the minimum term because the offence for which the defendant had received a suspended sentence had not been a 'specified serious offence'. 

Insurance – Scheme of arrangement. The Companies Court sanctioned an insurance business transfer scheme, under s 111(1) of the Financial Services and Markets Act 2000, relating to the general United Kingdom insurance business conducted by two subsidiaries of the Group Hartford Financial Services Group, Inc and, in respect of certain previously transferred business, by Aviva Insurance Ltd. 

Employment – Discrimination. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the employment tribunal's explicit conclusion, that the average shorter length of service of Muslim chaplains had not been the result of any discriminatory practice on the part of the prison service, meant that they had not been put at a particular disadvantage within the meaning of s 19(2)(b) of the Equality Act 2010 and, accordingly, the claim of indirect discrimination had to fail. 

Sentence – Appeal. The Court of Appeal, Criminal Division, held that in the circumstances, a custodial sentence which did not include a finding of dangerousness, under s 227 of the Criminal Justice Act 2003, was unduly lenient. An extended sentence as imposed. 

Immigration – Deportation. The Court of Appeal, Civil Division, in dismissing an appeal against a deportation decision, held that First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) had taken into account all the relevant considerations under art 8 of the European Convention on Human Rights. The FTT had not made any express reference to Üner v The Netherlands ([2006] 3 FCR 340) or Maslov v Austria ([2008] ECHR 1638/03), but it had not needed to since: (i) it had had regard to all the relevant considerations; and (ii) the appellant had not been lawfully present in the United Kingdom. 

Bank – Securities. The Court of Appeal, Civil Division, in allowing the defendant issuers' appeal, granted a declaration that a 'Capital Disqualification Event' had occurred, thereby entitling the issuers to redeem enhanced capital notes in accordance with their terms.