Latest Cases

Minor – Removal outside jurisdiction. The Family Division held that it was in the child's best interest to be given leave to be removed to live in Paskistan to live with the mother despite the inevitable separation from the father. 

Company – Restoration to register. The Court of Appeal, Civil Division, considered the principles applicable to the court's discretion, when making an order for the restoration to the register of a dissolved company, to order that the running of time for the bringing of claims by the company should be suspended during all or part of the period when the company was dissolved. Applying those principles, it allowed the appellants' appeal against the making of such a limitation direction. 

Sentence – Appeal. The Court of Appeal, Criminal Division, allowed the defendants' appeals against their sentences for conspiracy to blackmail. The judge's starting point with respect to the first and second defendants had been too high, and the sentence for the third defendant had been too long given his limited involvement. 

Contempt of court – Alleged contempt in course of commission and diligence. Court of Session: Allowing a reclaiming motion by minuters who sought certain recoveries in relation to a franchise agreement, and who instructed proceedings by way of minute, concerned that there had been major contempt of court in the course of a commission and diligence, the commissioner's report having set out allegations of defiant language and behaviour by the respondents, the court held that the Lord Ordinary had erred in several respects in dismissing the minute. 

European Union – Consumer protection. The Court of Justice of the European Union made a preliminary ruling, deciding that art 4(1)(2) of Directive (EC) 2004/39 had to be interpreted as meaning that, subject to verification by the referring court, an investment service or activity within the meaning of that provision did not encompass certain foreign exchange transactions, effected by a credit institution under clauses of a foreign currency denominated loan agreement such as the one at issue in the main proceedings, consisting in fixing the amount of the loan on the basis of the purchase price of the currency applicable when the funds were advanced and in determining the amounts of the monthly instalments on the basis of the sale price of that currency applicable when each monthly instalment was calculated. 

Contract – Parties. The Commercial Court dismissed the claimant aviation company's claim regarding the leasing of aircraft from the first defendant company. It held that the claimant had not been party to the agreement under which the proceedings had been brought and, accordingly, was not entitled to sue on it. 

Sentencing – Sexual offences. High Court of Justiciary: Allowing a Crown appeal against sentence in relation to a respondent who was convicted of seven charges involving sexual offences against two former partners and their children, including using lewd practices, indecent assault and anal rape, and on whom the trial judge imposed an extended sentence of 7 years, with a custodial element of 5 years' imprisonment, the court held that the sentences selected had been unduly lenient, the judge having afforded too much weight to the adult complainers' past sexual experience and the existence of prior and continuing sexual relationships, and an extended sentence of 12 years with an overall custodial element of 8 years was appropriate. 

Minor – Removal outside jurisdiction. The Family Division refused the mother's application to vary an order made under the Hague Convention on the Civil Aspects of International Child Abduction returning her child to Holland without her, by extending the time of return in order for the mother to travel with the child. 

Practice – Pre-trial or post-judgment relief. The Chancery Division allowed the claimant company's application for the modification and continuation of a freezing order made against the first defendant, F, and the second defendant company, which he controlled. The court held that the order was permitted by the equitable jurisdiction. It was in the interests of justice that information obtained about alleged misconduct by F would be usable in disciplinary proceedings against him. 

Town and country planning – Permission for development. The Court of Appeal, Civil Division, on an appeal against the dismissal of a challenge to the grant of planning permission for two wind turbines, held, among other things, that the present was one of those rare cases in which cross-examination had been necessary for justice both to be done and to be seen to be done. The judge had approached the question of cross-examination in a way that had been wrong in principle. The appeal would be allowed to the extent indicated and the case would be remitted to the Administrative Court.