Latest Cases

Water supply – Supply of water for domestic purposes. The Commercial Court dismissed the claimant company's claim that it was owed additional sums under a contract to reflect an uplift in carbon credit for devices sold be the claimant to be installed in showers, which reduced water and energy consumption. The court held that the price payable was the fixed price that the parties had agreed, without the market transformation uplift sought by the claimant. 

Prison – Prisoner. The Administrative Court, in dismissing the claimant determinate sentence prisoner's application for judicial review of the defendant Parole Board's decision not to direct his re-release following his recall to prison, held, among other things, that it could not arguably be said that the Parole Board had applied the wrong test. 

European Union – Customs duties. The Court of Justice of the European Union gave a preliminary ruling concerning the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, as amended by Commission Regulation (EC) No 948/2009, and decided that it had to be interpreted as meaning that a soya protein concentrate, such as that at issue in the main proceedings, came under heading 2309 of that nomenclature. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by LG Developpement (LG) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Bayerische Motorenwerke AG and LG, concerning the application by the latter for registration of a figurative sign 'MINICARGO' as a Community trade mark. 

European Union – State aids. The Court of Justice of the European Union dismissed the action brought by Greece by which Greece sought to have set aside the judgment of the General Court of the European Union of 16 July 2014 in Greece v Commission: Case T‑52/12, in which the General Court had dismissed its action for annulment of Commission Decision 2012/157/EU of 7 December 2011 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009. 

Negligence – Cause of action. The Queen's Bench Division held that the claimant had failed to establish liability on the part of the defendant bank for any exposure to asbestos during the course of her employment from 1978 to 1986 and therefore her claim for personal injury for mesothelioma against the defendant failed. 

Value added tax – Input tax. The Court of Appeal, Civil Division, allowed an appeal by the Revenue and Customs Commissioners against a decision of the Upper Tribunal (Tax and Chancery Chamber) which had allowed the taxpayers' appeal against a determination that they were not entitled to a repayment of VAT as they should have known that their purchases were connected with fraud. The Upper Tribunal had erred in a number of respects, including have addressed the evidence in a compartmentalised fashion, and the earlier determination of the First-tier Tribunal, that the only reasonable explanation which the taxpayers could have drawn from their prior knowledge and the circumstances was that the relevant transactions were connected with a fraud by a previous buyer was reinstated. 

European Union – Regulations. The Court of Justice of the European Union dismissed the appeal brought by the Council of the European Union by which the Council had sought to set aside a judgment of the General Court of the European Union in which the General Court had annulled certain European Union decisions, regulations and implementing regulations concerning restrictive measures against Iran in so far as they had concerned Bank Mellat, following the placing of Bank Mellat's name by the Council on the lists of persons, entities and bodies to whom the restrictive measures decided upon under those acts applied. 

Immigration – Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) dismissed the claimant Philippine national's application for judicial review of the defendant Secretary of State's decision, refusing to grant her leave to remain in the United Kingdom. There was no merit in her arguments relating to historic injustice and to her own pregnancy, nor was there merit in the issue of whether the applicant should be expected to make an application from her own country. 

Medical treatment – Human fertilisation. The Queen's Bench Division dismissed an appeal from a master striking out the defendant fertility clinic's counterclaim in relation to the claimant regulatory authority's claim for fees in respect of unpaid fees in connection with the defendant's provision of IVF treatment cycles. The case remained struck out with the claimant to be awarded its cost.