Latest Cases

Criminal evidence – Hearsay. The Court of Appeal, Criminal Division, held that the judge had not erred in having exercised her discretion, pursuant to s 126 of the Criminal Justice Act 2003, to exclude the hearsay confession of a deceased man. In the circumstances, the case for exclusion had been overwhelming. The defendant's convictions for two counts of rape, two counts of robbery and one count of indecent assault, were, accordingly, safe. 

Trade mark – Infringement. The Chancery Division allowed the claimant companies' application for a website-blocking order, where websites operating through the defendant internet service providers had been allegedly selling counterfeit goods in breach of the claimants' trade marks. The court held that, in the circumstances, the claimants' application complied with the criteria for the grant of a website-blocking order set out in the case of Cartier International AG v British Sky Broadcasting [2015] 1 All ER (Comm) 641. 

Legal aid – Legal fees. The Queen's Bench Division held that the claimant was entitled to recover payment on account made to the defendant solicitors firm in accordance with Legal Services Commission v Loomba and s 3(1) of the Access to Justice Act 1999. 

Value added tax – Supply of goods and services. The Upper Tribunal (Tax and Chancery Chamber) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) to the effect that Vodafone Group Services Ltd could amend a previous claim for repayment of overpaid output tax, in respect of which an appeal was pending, so that it encompassed subsequent claims on different grounds, limited to the same amount as the previous claim. The tribunal held that, in the present case, the later claims had not been subsumed within the previous claim, as claimed by Vodafone. 

Human rights – Right to liberty and security. The Administrative Court dismissed the claimant's application for damages for unlawful detention, following the decision of the Court of Appeal, Criminal Division, that his sentence of imprisonment for public protection had been beyond the judge's powers. Although the judge had made a mistake about her sentencing powers, the claimant's detention under her order had been lawful and not arbitrary. Further, he had been provided a reasonable opportunity to demonstrate rehabilitation. 

Value added tax – Penalty. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appeal by Marsdens Caterers of Sheffield (Marsdens) against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) by which the FTT had dismissed Marsdens challenge to a default surcharge imposed on it by the Revenue and Customs Commissioners in respect of late payment of VAT for the relevant period. 

Housing – Local authority. The Administrative Court dismissed the claimant severely autistic children's application for judicial review of the defendant local authority's failure to afford them a transfer to other accommodation was unlawful, alleging that their present accommodation was unsafe for them. There was no doubt that the system in operation to deal with accommodation to meet needs complied with the indirect application of s 27 of the Children Act 1989 and its application to each claimant was lawful. 

Shipping – Bill of lading. The Court of Appeal, Civil Division, in dismissing the appeal, held that any case, in which a bill of lading was issued in 2008 incorporating the Hague Rules as enacted in the country of shipment and in which the country of shipment had (as in the present case) enacted the Hague-Visby Rules, should be regarded as a case which was subject to the Hague-Visby Rules, rather than the (old) Hague Rules. 

Value added tax – Supply of goods or services. The Upper Tribunal (Tax and Chancery Chamber) ruled on appeals by Bratt Auto Contracts Ltd (BAC), Bratt Auto Services Ltd (BAS) and the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) by which it had determined a preliminary issue in related appeals against the rejection by the Revenue of the respective VAT repayment claims of BAC and BAS. 

Prison – Prison conditions. The Administrative Court allowed the claimant indeterminate sentence prisoner's application for judicial review. In having a system in which the review date for consideration of the transfer of indeterminate sentence prisoners to open conditions and the actual transfers had been so delayed, the defendant Parole Board had been in breach of the common law duty and, as that systemic failure had directly affected the claimant, also in breach of his ancillary right under art 5 of the European Convention on Human Rights.