Latest Cases

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by Schenker Ltd, 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 applicant, and for variation of the fine imposed on it in that decision. 

Sentence – Mandatory life sentence. The Administrative Court did not recommend a reduction in the offender's minimum term of 13 years, less time spent on remand for the murder he had committed when aged 15. The offender's progress, real though it had been, was not exceptional. 

Extradition – Extradition order. The Divisional Court dismissed the appellants' appeals against orders for their extradition to Poland to serve activated suspended sentences. It gave guidance on the distinction between a person 'unlawfully at large', within s 14(b) of the Extradition Act 2003 and a 'fugitive', before finding that the appellants could not rely on the passage of time to bar their extradition. Further, their extradition would not be disproportionate to their rights under art 8 of the European Convention on Human Rights. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by EGL, Inc., 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 or, in the alternative, 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. 

Vicarious liability – Crown. The Supreme Court, in dismissing the appellant's appeal, held that the respondent had been injured as a result of negligence by a prisoner in carrying on the activities assigned to him, and the prison service was, therefore, vicariously liable to her. The court considered what sort of relationship had to exist between an individual and a defendant before the defendant could be made vicariously liable in tort for the conduct of the individual, with particular regard to Various claimants v Catholic Child Welfare Society ([2013] 1 All ER 670). 

Immigration – Non-patrial. The Court of Appeal, Civil Division, allowed an appeal by the Secretary of State in circumstances where the First-tier Tribunal and Upper Tribunals (Immigration and Asylum Chambers) had allowed the respondent's appeal against the Secretary of State's refusal to grant a Certificate of Entitlement giving the respondent a right of abode in the United Kingdom. The respondent, as a matter of statutory application, did not have a right of abode through either his father, his mother or through being a Commonwealth citizen. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by UTi Worldwide, Inc., 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, in the alternative, for annulment or reduction of the fines imposed on them in that decision. 

Practice – Pre-trial or post-judgment relief. The Chancery Division, among other things, made an order for unlimited standard disclosure by the defendant pharmaceutical companies in respect of certain claims brought against them by the United Kingdom health authorities for damages for alleged breaches of competition law. However, it held that it was not appropriate to order enhanced disclosure at the present stage in relation to the defendants' application for the relevant patent and submissions to regulatory authorities. 

Succession law – Lifetime gift – Facility and circumvention – Undue influence. Court of Session: In an action in which the pursuer, suing as executor-nominate under his mother's will, sought reduction of three deeds gifting the mother's entire heritable estate to his two brothers for no consideration, the court, granting decrees of reduction, held that that when the mother signed the three deeds she was subject to facility and circumvention as well as undue influence at the instance of both defenders.