Latest Cases

European Union – Trade marks. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 5(1) of Directive (EC) 2008/95. The request had been made in proceedings between Daimler AG and Együd Garage Gépjárműjavító és Értékesítő Kft., (Együd Garage)concerning the continued appearance on the internet of advertisements naming the latter as an 'authorised Mercedes-Benz dealer' following the termination of the contract which had given it the entitlement to use that trade mark. 

Employment – Remuneration. The Court of Appeal, Civil Division, dismissed the defendant's appeal in respect of the judge's decision that the claimant had been underpaid commission in respect of a deal and that the defendant should have allocated two-thirds of the available commission to the United Kingdom office. In particular, the court considered whether the judge had been right to have interfered with the defendant's exercise of what it described as the broad discretion provided to it in the contractual documents. 

Electricity – Supply. The Court of Appeal, Civil Division, dismissed the claimant companies appeal against the dismissal of their judicial review challenge against the premature closure, subject to certain grace periods, of a statutory scheme that supported the generation of electricity from renewable sources. The claimants failed on all of its submissions regarding breach of a legitimate expectation, violation of pre-legislative assurances and unfairness due to retrospectivity and that the decision had been ultra vires. 

Damages – Tort. The Court of Appeal, Civil Division, allowed an appeal against a judge's refusal to grant a 10% uplift on an award of damages for pain, suffering and loss of amenity in the context of a clinical negligence claim. There was no discretion for a trial judge to introduce exceptions to the uplift as otherwise some legally aided claimants would not receive the uplift while others would, and there would be potentially complete uncertainty and inconsistency in awards of the courts. 

Extradition – Extradition order. The Administrative Court dismissed the appellant's appeal against orders for his extradition to Germany to face trial for two offences of fraud. The evidence had shown that the prosecutor had decided that he was to be charged and tried, and that the sole reason for the lack of any formal decision to charge and try was that the appellant was not in Germany. 

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against a decision by the First-tier Tribunal (Immigration and Asylum Chamber), and upheld by the Upper Tribunal (Immigration and Asylum Chamber), that the respondent, despite his conviction for serious offences, could not be deported to Zambia. Both tribunals had correctly applied paras 398 to 399A of the Immigration Rules, had taken account of the respondent's rights under the European Convention on Human Rights through the lens of the Immigration Rules, and had been entitled to conclude that exceptional circumstances existed which outweighed the public interest in deportation. 

Minor – Custody. The Family Division, on a mother's application under the Hague Convention on the Civil Aspects of International Child Abduction 1980 and Council Regulation (EC) 2201/2003, ordered the summary return to France of her three children. The mother's words in email exchanges had not amounted to 'a clear and unequivocal consent' and, even if they had been, manifestly that consent had been withdrawn before the children had been retained. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by Panalpina World Transport (Holding) Ltd and other companies, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Area Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicants, and for variation of the fines imposed on them in that decision. 

Trust and trustee – Charitable trust. The Chancery Division granted an order of possession in favour of the claimants in respect of a property, from which a mosque operated, which their deceased father, who had been a distinguished member of the Muslim community, had bought in their name, but in respect of which the defendants had taken control as purported trustees of an alleged charitable trust. The court held that, on the facts, there was no case for a constructive or resulting trust and the claimants, as legal and beneficial owners, were entitled to possession. 

Family proceedings – Orders in family proceedings. The Family Division made rulings concerning, among other things, the mother's application to increase periodical payments for her son and the father's cross-application to strike out a number of claims made by the mother relating to providing for their son, C, who was seven years old. The court held that, with the exception of points relating to the trustee of and upkeep of the house where the mother lived, the issues in the application were not justiciable and would be dismissed.