Latest Cases

Contract – Construction. The Chancery Division, Companies Court dismissed the employer's application for an injunction to restrain the contractor from presenting a winding up petition on the basis that the contractor had followed the procedure set out in the contract and there was no doubt concerning the liability of the employer to make the interim payments claimed in applications. 

Customs and excise – Duties. The Upper Tribunal (Tax and Chancery Chamber) ruled on an appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) in which the FTT had allowed the taxpayer company's appeal against an alleged customs debt owed to the Revenue. The tribunal held that the FTT had erred by refusing to grant the Revenue's application for permission to amend its response to the taxpayer's appeal but, that in all other respects, the appeal would be dismissed. 

Khan v Commissioner of the Police of the Metropolis & others 

Criminal procedure – Sheriff's charge – Theft – Mens rea. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of the theft of a substantial amount of stock from the company of which he was the managing director, the court rejected contentions that the sheriff had failed to give adequate directions on the mens rea of theft and had failed to direct the jury appropriately not to speculate. 

Mohidin v Commissioner of the Police of the Metropolis & others 

Immigration – Leave to enter as child of refugee – Validity of application. Court of Session: Granting the prayer of a judicial review petition brought by the adopted daughters of a refugee, who applied for entry clearance to join him in the UK and whose application, presented as 'applications for family reunion in terms of para 352D of the Immigration Rules', was rejected without its merits being considered, an Entry Clearance Officer concluding it was not properly made under para 352D, the court held that the petitioner's application for leave to enter was 'made under' para 352D of the Immigration Rules and therefore it was fee exempt and it ought to have been considered on its merits. 

Trade mark – Infringement. The Intellectual Property and Enterprise Court held that the defendants were liable for infringement of two of the claimant BMW's trade marks and for passing off in the course of their business of repair and maintenance of cars. BMW had not consented to the defendants' use of the trade marks. 

Immigration – Asylum seeker. The Administrative Court allowed the claimant Cameroonian national's application for judicial review of the defendant Secretary of State's decision that the claimant's further submissions did not amount to a fresh asylum and/or human rights claim and that her prior certification decision should be maintained. The Secretary of State had acted irrationally and the fresh claim aspect of the decision had also breached wider public law principles. 

Trade mark – Infringement. The Chancery Division ruled that the claimant, Jack Wills Ltd, was entitled to recover 41% of the profits made by the defendant, House of Fraser (Stores) Ltd, from the sales of items in respect of which the defendant had been held liable for infringement of trade mark and passing off. 

Personal Injury: Quantum Case. Clinical negligence. PSLA of £5,000. The claimant brought the claim on behalf of her late father after he suffered blood loss and death as result of a transaortic valve replacement procedure to remedy his aortic valve stenosis. The claimant alleged the deceased was never informed that the procedure was newly developed and still the subject of clinical trials, and that the defendants failed to care for him properly.