Latest Cases

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. 

Contempt of court – Committal. The Family Division, on the father's application for committal to prison (or other penalty) of the mother for the alleged contempt of an order, namely, in having failed to return two children to England and Wales from India, held that the mother was in contempt of court. However, the question of sentence was adjourned to give the mother a time for reflection and time to mitigate, should she wish to do so. 

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 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. 

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. 

Sentence – Confiscation order. Following the defendant's conviction of conspiracy to import cocaine, the Court of Appeal, Criminal Division, held that, in significant respects, the judge's approach in calculating the recoverable amount had been seriously flawed in a way which resulted in an excessive confiscation order being made. On the facts, the confiscation order in the sum of approximately £3.6m would be quashed and substituted for the sum of £500,000. 

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. 

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. 

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. 

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.