Latest Cases

Medical practitioner – Professional conduct committee. The Administrative Court found that the Fitness to Practise Panel (the panel) of the respondent General Medical Council had been correct in finding six charges against the appellant doctor proved. However, it had erred in finding proved a charge that the appellant had attended a conference where he had stated that the closure rate of atrial shunts was 94% and did not qualify his statement. 

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against early revocation of a deportation order that had been made against the respondent foreign national. The Upper Tribunal (Immigration and Asylum Chamber) had been aware of, and had taken into account, all of the relevant aspects of the public interest in the deportation of foreign offenders and, on the evidence that had been before it, had reached a conclusion that had been open to it, namely that there were 'exceptional' circumstances. 

Mental health – Court of Protection. The Court of Protection held that it was in the patient's best interests to stop the life sustaining treatment, following an application to the court by the patient's daughter. In deciding the issue, the court considered the Mental Capacity Act 2005 and the Code of Practice. 

Income tax – Assessment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeals by the taxpayers against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) to uphold discovery assessments made against them by the Revenue and Customs Commissioners. The tribunal decided that the FTT had erred in law by failing to address certain issues put before it. Accordingly, the FTT's decision would be set aside and the assessments reduced to zero. 

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. 

Sentencing – Sexual offences against children. High Court of Justiciary: Allowing an appeal against sentence by an appellant who was convicted of raping and using lewd and libidinous practices towards his teenaged daughter and the teenaged stepdaughter of a work colleague, the court held that the trial judge did not take sufficient account of the significant and unexplained delay in bringing the case to trial, and the cumulative effect of the consecutive sentences imposed had produced an overall sentence (16 years' imprisonment) which was excessive, particularly in the case of a first offender: the court substituted sentences resulting in an overall sentence of 12 years' imprisonment. 

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. 

Value added tax – Exemptions. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by United Grand Lodge of England (UGLE) against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) that UGLE did not qualify for exemption from VAT pursuant to art 132 of Council Directive (EC) 2006/112 as its aims were not of a philosophical, philanthropic or civic nature. The tribunal upheld the FTT's decision, deciding that the FTT had not erred in law in the way it had dealt with the issues before it. 

Immigration – Detention. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the judge's finding that his detention in prison, rather than in an immigration removal centre (IRC), had not been in breach of art 5(1) of the European Convention on Human Rights. The court held that detention in an IRC was generally more appropriate for immigrant detainees than detention in prison. That included time-served foreign national offenders who had been assessed as not posing a risk to the stability of IRCs or to the safety of others who were being held there. However, subject to exceptions for vulnerable detainees, detention in a prison was not generally arbitrary and in breach of art 5(1). 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division in a case management decision dismissed the defendant's application to withdraw an admission of breach in its pleaded defence and allowed the claimant's application for an order debarring the defendant from relying on a report from their expert which was in breach of a court order.