Latest Cases

Sentence – Extended term of imprisonment. On a reference by the Attorney General, the Court of Appeal, Criminal Division, held that an extended sentence of 140 months, comprising a custodial element of 92 months and an extended licence period of 48 months, for causing grievous bodily harm with intent, had been unduly lenient. In all the circumstances, the custodial element of that sentence would be quashed and in its place, a term of 11 years' imprisonment would be imposed. The extended licence period of 48 months would remain the same. 

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. 

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. 

Town and country planning – Enforcement notice. The Administrative Court dismissed the appellants' appeal by way of case stated against the Crown Court's decision, dismissing their appeal against conviction for using their land as a builder's merchants with ancillary sales, in contravention of the terms of an enforcement notice. There had been sufficient evidence on which the Crown Court could reasonably conclude to the required standard that the land had been used as a builder's merchants with ancillary sales throughout the period alleged in the information. 

Value added tax – Appeal. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appellants' appeal against a finding of the First Tier Tribunal that the sale of the freehold interest in the property to them by the trustee had been chargeable to VAT at the standard rate. The interpretation of para 30 of Sch 10 to the Value Added Tax Act 1994 that the appellants put forward was a strained construction, and the issue would be decided in favour of the defendant Revenue and Customs Commissioners. 

Negligence – Duty to take care. The county court dismissed the claimant's claim for damages for physical and emotional abuse caused by a licensee on parole after a murder conviction. The Secretary of State had not owed the claimant a duty of care to investigate the initial allegations that she had been in a relationship with the licensee in a different, more thorough, manner, nor had he owed a duty to warn the claimant of the licensee's background. 

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. 

Charity – Registration. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appellant's appeal against the finding of a judge that the appellant lacked standing to appeal against a decision by the respondent Charity Commission not to remove certain charities from the Register of Charities. The court held that, among other things, the appellant could not be considered to be a person affected by the decision for the purposes of the Charities Act 2011. 

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. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division refused the claimant solicitor's application for an injunction in order to restrain the release of the six closed files or alternatively their publication and he also sought a delivery up of all nine of the Solicitor Regulation Authority's files to him. The claim was further struck out as disclosing no reasonable grounds for bringing the claim.