Latest Cases

Sentence – Appeal. The Court of Appeal, Criminal Division, held that a total sentence of 40 months' imprisonment for wounding with intent and aggravated vehicle taking had been unduly lenient. In particular, the substantial and on-going harm caused to the victim, as well as the offender's high culpability for his actions, had outweighed his personal mitigation. A total sentence of six years' imprisonment was imposed in substitution. 

Injunction – Interim. The Chancery Division considered two applications by the mobile operator Lebara in the course of a dispute about the blocking of attempts by the customers of the defendant companies to use a mobile service provided by Lebara. The court held that, in the circumstances, it would not be appropriate to allow either application. 

Practice – Family proceedings. The Court of Appeal, Civil Division, allowed the father's appeal against declaratory relief granted at an issues resolution hearing, during the course of public law care proceedings, and varied the order below to the limited extent of discharging the declarations. The parties had been able to agree as to the future progress of contact between the father and his son and on how the authority should discharge its statutory obligations. 

Sentence – Compensation. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against the judge's decision to make confiscation and compensation orders. It specifically endorsed the judge's approach, in effect, holding that, if the sale of the family home was required, then that was the consequence, not of the compensation order, but of the confiscation order. 

Income tax – Repayment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the taxpayer's appeal against a decision of the First-tier Tribunal (Tax Chamber) to strike out her appeal against the rejection of her claim for repayment of overpaid income tax. The tribunal decided that s 118(2) of the Taxes Management Act 1970 applied to such a late claim making it a claim within Sch 1AB to that Act with the result that the enquiry, closure notice and appeal provisions of Sch 1A to the Act would apply. 

Disclosure and inspection of documents – Privilege. The Chancery Division considered two issues relating to privilege in the court of proceedings about the defendant bank's alleged misrepresentations in the course of selling LIBOR. 

Arbitration – Practice. The Commercial Court allowed an application by the claimant companies to enforce a peremptory order against the defendant Kurdistan Regional Government of Iraq (KRG). The court held that jurisdiction existed to make the order, KRG did not have state immunity, and it was appropriate for the court to exercise its discretion. 

Contract – Offer and acceptance. The Technology and Construction Court held that in a dispute regarding an adjudication in a construction contract, an email exchange on 3 March 2015 had constituted a valid and binding agreement upon the parties. That agreement had not been rescinded by M, rather, M had accepted B's repudiatory breach of contract. 

Practice – Pre-trial or post-judgment relief. The Chancery Division dismissed the applicant's application for an interim injunction where the main proceedings were in Israel, where the balance of convenience laid against the grant of an injunction preventing the respondent from applying the net proceeds of sale of a property towards satisfaction of his obligations under a put option and where it was appropriate for any interim relief to be sought from the court seized of the main proceedings in Israel. 

Sentencing – Rape – Oral penile penetration. High Court of Justiciary: Allowing an appeal against sentence by the Crown in the case of a respondent who was found guilty of orally raping a 14-year-old complainer, the daughter of his partner, and was sentenced to 3 years' imprisonment, the court held that the sentence was unduly lenient, as falling out with the range reasonably open to the trial judge, and it substituted a sentence of 5 years' imprisonment.