Latest Cases

Judgment – Default judgment. The phrase 'exceptional circumstances' in the context of r 13.3(2) of the Eastern Caribbean Supreme Court Civil Procedure Rules 2000 called for something more than a real prospect of success and the Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda) had correctly held that the appellant's defence had not constituted exceptional circumstances. The Privy Council further held that the Court of Appeal had not exceeded its jurisdiction or erred in exercising its right to police applications for leave to appeal and to consider whether any proposed appeal raised a genuinely disputable issue.

Immigration – Asylum. The appellant Iranian national's appeal against the dismissal by the Upper Tribunal (Immigration and Asylum Chamber) of her appeal from a decision of the First-tier Tribunal (Immigration and Asylum Chamber), rejecting her challenge to the respondent Secretary of State's decision refusing her asylum claim amounted to no more than a disagreement with the FTT's assessment of the facts. Accordingly, the Court of Appeal, Civil Division, dismissed her appeal.

Proceeds of crime – Costs. There would be cases where the very fact that an individual had been found in possession of a large sum in cash, together with the circumstances in which it had been seized, would call for an explanation and raise an inference that, in the absence of a reasonable explanation, the cash was recoverable property. As the present was manifestly such a case, the Divisional Court dismissed the appellant's appeal by way of case stated against the judge's decision to make no order for costs after the respondent Chief Constable withdrew an application for forfeiture of cash seized.

Contract – Contract for sale of land – Construction – Rescission. Court of Session: In an action which concerned missives for the purchase by the pursuer from the defender of land in Galashiels, missives which were conditional on the pursuer submitting an application for planning permission within a 6-month period, the court held that the defender was not entitled to rescind the missives as the pursuer had not failed to submit a planning application within the 6-month period.

Contract – Sale of Goods – Rejected goods – Duty to retain rejected goods. Sheriff Appeal Court: Refusing an appeal in an action in which the sheriff had granted the respondents an order for payment after they had properly and justifiably exercised a right of rejection in relation to a leather living room suite purchased from the appellants, the court held that even though the respondents no longer had the suite and could not return it, they could recover the sum awarded: the respondents did not have an ongoing duty, whatever the circumstances, to retain the goods rejected until relieved of them by the appellants; the seller's actions or inactions were such as to entitle the buyers to do as they wished with the goods.

Criminal evidence – Rape – Distress – Corroboration of lack of consent – Distress relied on observed after significant interval. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of raping a complainer following a party at his home, after getting into bed with her when she was still clothed and sleeping off the effects of alcohol, the court rejected a contention that distress heard in a phone call to the complainer's friend on the day following the incident could not provide corroboration of the complainer's lack of consent when she had not exhibited distress to anyone, including her parents and boyfriend, in the intervening period.

Town and country planning – Enforcement notice – Challenge to reporter's decision – Status of appellant – 'Person aggrieved'. Court of Session: Refusing a note of objection in proceedings challenging a reporter's decision in an appeal against an enforcement notice, the appellant having been appointed as an agent for the proprietor of a quarry and the company carrying out operations there, the court held that the appellant had a sufficiently arguable case that he was a 'person aggrieved' for the purposes of the planning appeals legislation and accordingly the appeal was competent.

Disclosure and inspection of documents – Disclosure of sensitive material. The Queen's Bench Division made a declaration permitting the defendant to make a closed material application, pursuant to section 6 of the Justice and Security Act 2013. There was evidently some sensitive information which the defendant would be required to disclose and therefore it was in the fair and effective administration of justice for a CMP declaration to be made, as there were no other satisfactory and appropriate alternatives.

Pension – Pension scheme. The wording of the rules governing the Universities Superannuation Scheme (the scheme), consistent with the proper operation of the scheme entitled and required the appellant trustee of the scheme to determine for itself, based on medical opinion as defined, whether a member of the scheme (the respondent) was suffering from a total incapacity or a partial incapacity. That entitled and required the trustee to determine whether he was suffering from any incapacity at all and the trustee was not bound by the conclusion of the respondent's former employer that he suffered from incapacity. The Chancery Division so ruled in allowing the trustee's appeal against a decision by the Pensions Ombudsman, concerning the trustee's refusal to award the respondent ill-health retirement benefits.

Criminal law – Mutual legal assistance. It was lawful for the Secretary of State to authorise mutual legal assistance to a foreign state in support of a criminal investigation which might lead to prosecution for offences which carried the death sentence in that state, without requiring an assurance that the prosecution would not seek the death sentence. Accordingly, the Divisional Court rejected each ground of the claimant's challenge to the defendant Secretary of State's decision and the subsequent transfer of materials, including personal data, to the US authorities concerning accusations of terrorism against her son.