Latest Cases

European Union – Residence. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 7(1)(c) of Council Directive (EC) 2003/86 should be interpreted as allowing the competent authorities of a member state to refuse an application for family reunification on the basis of a prospective assessment of the likelihood of the sponsor retaining, or failing to retain, the necessary stable and regular resources which were sufficient to maintain himself and the members of his family, without recourse to the social assistance system of that member state, in the year following the date of submission of that application, that assessment being based on the pattern of the sponsor's income in the six months preceding that date. 

Costs – Order for costs. The Chancery Division, on the claimant's application for an order, under s 51(3) of the Senior Courts Act 1981, that RG, who had been joined as a party to the present proceedings for the purposes of costs only, pay the costs of its claim against the first defendant, held that the present was an exceptional case and it was just to make an order for costs against RG. RG was ordered to pay the claimant's costs incurred from the date on which the first defendant had filed its acknowledgement of service. 

Negligence – Causation. The Queen's Bench Division held, in dismissing the claimant's case in negligence against the Secretary of State for Health, that there had been no breach of duty in respect of the delivery of a twin in circumstances where she was deprived of oxygen and suffered serious brain injury. 

Contract – Construction. The Technology and Construction Court determined two preliminary issues in the course of proceedings concerning a claim for damages for delay in sub-contract works on the Rolls Building. It ruled that: (i) on the assumption that EMCOR was entitled to an extension of time, pursuant to the sub-contract, as amended, the sub-contract required that such revised or further revised period or periods were added contiguously to the end of the current period within which the sub-contract works should be completed; and (ii) the claimant's liability to the Rolls for liquidated and ascertained damages for the relevant period had not been not extinguished by a further supplemental agreement. 

Animal – Protection. The Divisional Court, in dismissing the RSPCA's appeal, held that, in order for an offence of animal fighting to be committed, contrary to s 8 of the Animal Welfare Act 2006, as defined by s 8(7) of that Act, the other animal, with which a protected animal was placed, had to be the subject of some control or restraint by some person or persons connected with that activity or some other artificial constraint so that its ability to escape was prevented. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Laboratorios Ern, SA against the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings concerning the application by the intervener, Matthias Werner, for registration of a figurative sign 'Dynamic Life' as a European Union trade mark. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Aranynektár Termékgyártó és Kereskedelmi KFT (Aranynektár) against the decision of the Second Board of Appeal of the European Union Intellectual Property Office concerning opposition proceedings between Naturval Apícola, SL, and Aranynektár, regarding the application by the latter for registration of the word sign 'Natur-bal' as an EU trade mark. 

Immigration – Leave to enter. The Administrative Court allowed the application for judicial review of the defendant Secretary of State's decision denying the claimant refugees resident in a sovereign base area in the Republic of Cyprus entry to the United Kingdom. The Secretary of State had failed to consider the view of the United Nations High Commissioner for Refugees that relocation to the Republic of Cyprus was no longer a desirable or practical option. In a supplemental ruling, the court declined the Secretary of State's application to re-open the issue. 

Employment – Contract of service. The Queen's Bench Division held that the claimant was constructively dismissed, by reason of a repudiatory breach of contract by his employer Leeds United Football Club and therefore was entitled to damages for that breach less the amount of any bonuses to be received in respect of his current job. 

Bank – Bank loan. The Chancery Division considered the proper interpretation of a trust deed and conditions by which notes (including Class X and Class A to H notes) were issued in four securitisation structures. Each structure concerned loans, which were secured on commercial properties and in respect of which, there had been extensive default. The court held that, on the true construction of the conditions, no account should be taken of additional interest following a default under the loans. Further, the trust deed and conditions together led to the conclusion that, for the purpose of calculating the Class X interest rate after the maturity dates of the Class A to H notes, the unpaid principal of those notes was to be treated as bearing interest at 8% and not a higher rate.