Latest Cases

Landlord and tenant – Business premises. The Technology and Construction Court made rulings concerning a claim for dilapidations upon expiry of a lease of commercial premises. Among other things, it ruled on the appropriate rate of interest to be awarded. 

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. 

Costs – Group action. The Queen's Bench Division held that the parties costs budgets in a group litigation order were disproportionate and therefore court therefore made a costs management order in accordance with CPR 3.15. 

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. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal and dismissed the respondent Nigerian national's application for judicial review of the Secretary of State's decision to refuse to grant her leave to remain under the Immigration Rules. The deputy judge had misinterpreted the guidance in the authorities on the interpretation of para 276ADE(vi) of the Immigration Rules and, hence, had misinterpreted the paragraph itself, giving too narrow a meaning to the concept of 'ties' to Nigeria. 

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. 

Civil procedure – Jurisdiction – Appeal against decision of Upper Tribunal – Competency: Dismissing an appeal to the Court of Session under s 13 of the Tribunals Courts and Enforcement Act 2007 by the Secretary of State for Work and Pensions against a decision of the Upper Tribunal, the court held that the answer to the question of whether the matter which the appellant wished to make the subject of appeal was an appeal 'on any point of law arising from a decision made by the Upper Tribunal' was in the negative, and accordingly the court did not have jurisdiction to hear the appeal. 

EU law – Immigration – Free movement of persons – Rights of residence of EEA nationals and family members. Court of Session: In a judicial review petition by a petitioner, a Nigerian national, who applied for an EEA residence card and was issued with a Certificate of Application (CoA) and who claimed damages after the CoA's effectiveness expired and the Secretary of State refused to renew it, averring that the refusal was unlawful and had resulted in him being unable to take up a job offer, the court held that the respondent was in breach of obligations under EU law as there was no basis for refusing to issue the CoA, and the petitioner was in principle entitled to damages. 

Libel and slander – Defamatory words. The Queen's Bench Division dismissed the defendant newspaper's application for a ruling that the article was not capable of bearing the meaning pleaded by the claimant and that the articles did not bear any meaning defamatory of the claimant band member. The statement was capable of having the meaning attributed to it by the claimant and the statement was capable of being defamatory of the claimant. 

Town and country planning – Permission for development. The Planning Court dismissed the claimants' challenge to the decision of the inspector appointed by the defendant Secretary of State to grant planning permission to the interested party. On the proper interpretation of 'person aggrieved' in s 288(1)(b) of the Town and Country Planning Act 1990, the claimant's had no standing, as they had not made objections or representations during the appeal procedure.