Case Reports

A father whose application under the 1980 Hague Child Abduction Convention was dismissed because the child’s habitual residence was held not to be in France has succeeded in appealing the decision in the English courts.  The father of the child, B, argued that the judge was wrong to

An asylum seeker who claimed to fear persecution from a criminal gang in El Salvador has succeeded in challenging the finding of the Upper Tribunal that there were no arguable grounds of appeal against the original decision.  The petitioner, MF, argued that the First-tier Tribunal judge ha

An Iranian citizen who sought asylum in the UK after failing to obtain asylum in Germany has failed to challenge a Home Office decision that his case was clearly unfounded and therefore could not be considered by an immigration tribunal. Kamran Fathabadi claimed asylum on the basis that he had conve

A glasses company that appealed against decisions and assessments of HM Revenue and Customs from 2005 to 2008 has failed to challenge the decision of the Upper Tribunal in respect of a timebar issue in relation to VAT assessments from 2005.  DCM (Optical Holdings) Ltd, which primarily

A citizen of Nigeria who challenged a finding that his petition for judicial review of the decision of the Home Secretary not to treat his further submissions as a fresh claim for asylum was not made within the statutory three-month time limit has had his reclaiming motion against the decision refus

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015.  AC Whyte & Company Ltd raised the actio

A company that benefited from unlawful tax exemptions and was ordered to pay over £1 million to HM Revenue and Customs has lost an appeal challenging a payment order made to that effect.  John Gunn and Sons Ltd argued that they should only have to pay the amount which represented the

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused.  Thomas O’Leary&

A patent infringement appeal brought against the UK branch of the telecommunications company Huawei has been dismissed by the UK Supreme Court after the company challenged the decision by the English Court of Appeal to uphold the trial judge’s order. Unwired Planet International Ltd, the respo

A mother who was found by the English High Court of Justice to have wrongfully retained her children in England after moving from Germany with them has successfully appealed the decision in the Court of Appeal (Civil Division).  The children, aged 6 and 8 at the time of the application, ha

The defender in a personal injury case who sought decree that a settlement offer by the pursuer could not be withdrawn impliedly even in a change of material circumstances has had its motion refused by the All-Scotland Sheriff Personal Injury Court in Edinburgh. The pursuer, Maxwell D

A mother who applied for an order under the Child Abduction and Custody Act 1985 on the basis that her child had been wrongfully retained in Scotland has had her petition refused on the ground that the child was not habitually resident in Italy. The petitioner, JP, shared parental res

A Chinese citizen who claimed to be at risk of persecution in China because of his practise of the banned Falun Gong religion has lost his appeal against a decision by the Home Secretary to treat his further submissions as a fresh claim. Zuo Hui Xie raised a petition for judicial review of the decis

A teenager who was sentenced to four years’ imprisonment after committing an assault with a knife has had his sentence reduced by eight months on appeal.  The appellant, known as JB, argued that the original sentence of six years’ imprisonment, discounted to four years on account of

A Polish national who sought a return order under the Child Abduction and Custody Act 1985 in respect of his daughter, who had been taken to Scotland in 2019, has had his petition refused following an appeal by the child’s mother.  The petitioner, W, and the first respondent, A, had lived