Latest Cases

Criminal law – Alternative offence. The Divisional Court allowed the appellant's appeal by way of case stated against his convictions for harassment, where he had previously been convicted of racially aggravated harassment against the same victims and arising out of the same facts. The court gave guidance on how to proceed in such circumstances. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division on a return date in the case of an ex-parte freezing injunction in the context of a divorce agreement held that there had been full and frank disclosure at the ex parte hearing in December but in any event there had been no real risk of dissipation and therefore there were no grounds for making an injunction on new terms. 

Design – Design right. The Supreme Court affirmed the decision of the Court of Appeal, Civil Division, reversing the judge's decision that the respondent's 'Kiddee Case' infringed the appellant's Community design right, which had become the 'Trunki'. The Court of Appeal had addressed the question of infringement on the correct basis in law and there were no grounds for questioning its decision. 

Family proceedings – Orders in family proceedings. The Family Court held that it was in the best interests of an eleven-year-old child, C, to remain in the care of his maternal aunt. It accordingly made a child arrangements order in favour of the aunt, which provided that C would live with her, and which would also confer on the aunt parental responsibility in respect of C for the duration of the order. 

Immigration – European Economic Area (EEA) national. The Administrative Court referred a question to the Court of Justice of the European Union. It was unclear whether the amendment to the definition of 'EEA citizen' in the Immigration (European Economic Area) Regulations 2006, SI 2006/1003, and the decision that the claimant's wife, who was a Spanish national, could no longer rely on her rights as a European Union citizen under European Parliament and Council Directive (EC) 2004/38, within the United Kingdom following naturalisation as a British citizen, unlawfully restricted the right to free movement, under art 21 of the Treaty on the Functioning of the European Union and the Directive. 

Police – Pension. The Administrative Court allowed the claimant former police officer's application for judicial review of the Police Medical Appeal Board's decision that he was not permanently disabled and so not entitled to an ill health award, under reg B3 of the Police Pension Regulations 1987, SI 1987/257. 

Income tax – Earnings from employment. The Supreme Court allowed the appeal by the Revenue and Customs Commissioners concerning schemes used by UBS AG and DB Group Services (UK) Ltd, which were designed to avoid the payment of income tax on bankers' bonuses. The court held that the tax exemption in s 423 of the Income Tax (Earnings and Pensions) Act 2003, did not apply in the present case in respect of the schemes whereby shares were awarded to employees in place of bonuses. The court ruled that, on the true construction of s 423 and in the circumstances of the present case, income tax was payable on the value of the shares on the date of their acquisition. 

Agent – Commercial agent. The Commercial Court awarded the claimant commercial agent damages for breach of contract, the termination of the agency on insufficient notice and compensation under reg 17 of the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053. The defendant had not accepted the claimant's repudiatory breach as having brought an agency agreement to an end and had affirmed the agreement. 

Sentence – Confiscation order. The Administrative Court dismissed the claimant's application for a certificate of inadequacy, pursuant to s 17 of the Drug Trafficking Act 1994, with respect to a confiscation order of £2,340,017.40 against him. The claimant had taken no steps to establish that the realisable property was inadequate to meet the confiscation order and his argument concerning his interests in a French property could not avail him. 

Mental health – Court of Protection. The Court of Protection allowed an application by a the husband of the patient to appoint her him as a deputy for property and affairs. That appointment was in the face of opposition by the patient's children on the basis that the husband was illiterate and had a poor grasp of English.