Latest Cases

Minor – Abduction. The Family Division, in proceedings under the Hague Convention, agreed to the parties consent order giving the father permission to withdraw his application under the Convention. In so deciding it was held that he circumstances in which the court could properly adopt an 'ultra-summary' approach in Hague cases were very limited but where events had overtaken the original proceedings it could be appropriate to do so. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by credentis AG against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Aldi Karlslunde K/S and credentis AG, regarding the application by the latter for registration of the word sign 'Curodont' as a Community trade mark. 

Criminal law – Rape. The Court of Appeal, Criminal Division, held that a sentence of 24 months' imprisonment, suspended for 24 months, imposed for a category 3B rape had been unduly lenient and would consequently be quashed. In all the circumstances, a sentence of two-years-and-six months' imprisonment would be imposed accordingly. 

European Union – Medicinal products. The Court of Justice of the European Union dismissed the appeal by Teva Pharma Europe BV and another company by which they sought to have set aside the judgment of the General Court of the European Union in Teva Pharma and another company v European Medicines Agency: Case T‑140/12, in which that court had dismissed their action for annulment of the decision of the European Medicines Agency rejecting their application to place on the market the generic version of the orphan medicinal product imatinib mesylate, in so far as concerned the therapeutic indications for the treatment of chronic myeloid leukaemia. 

European Union – Customs duties. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of r 3(b) of the General Rules for the interpretation of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87, as amended by Commission Regulation (EC) No 1214/2007. The request had been made in proceedings between VAD BVBA and its managing director and Belgium, concerning the tariff classification of combined video-audio systems and loudspeakers. 

Immigration – Leave to enter. The Court of Appeal, Civil Division, allowed the appellant Indian citizen's appeal against a decision by the Upper Tribunal (Immigration and Asylum Chamber) refusing him permission to bring judicial review proceedings in respect of a decision made by an Entry Clearance Officer (ECO) in Mumbai, on behalf of the respondent Secretary of State, refusing him a business visitor visa to the United Kingdom. Among other things, it considered how an ECO should deal with a second application based on different evidence to that furnished where an earlier application had been refused, under para 320(7A) of the Immigration Rules, before making a decision under para 320(7B) of the Rules. 

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. 

Family proceedings – Orders in family proceedings. The Family Division allowed the application of the local authority's application to order that a seven year old child AA have a device fitted on medical advice in order to prevent the impact of any further heart-attacks. In granting the order, so ordering the court went against the wishes of the parents having decided that it was in the child's best interests to have the device implanted. 

Judgment – Default of defence. The Commercial Court allowed the second defendant company's application to set aside a judgement in default in proceedings relating to an alleged fraud carried out by the defendants concerning property purchased by the claimant. The second defendant had a real prospect of defending the claim. Weighing up the relevant factors, the balance fell strongly in favour of setting aside the default judgment. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by The Body Shop International plc (The Body Shop) 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 The Body Shop and Spa Monopole, compagnie fermière de Spa SA/NV concerning the application by the former for registration of the word sign 'SPA WISDOM' as a Community trade mark.