Latest Cases

Family proceedings – Orders in family proceedings. The Family Division carried out a fact finding hearing to determine, among other things, the causes and circumstances of the sudden and unexplained death of a 13 month old child (P) while in the care of her parents. The judge found as a fact that the father had perpetrated a penetrative anal assault on P, either using his penis or some other unidentified object and that P had died during or shortly after the assault upon her, but that the cause of death was unascertained. 

European Union – Rules on competition. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that that European Union law, in particular art 101 of the Treaty on the Functioning of the European Union and Regulation (EC) No 1/2003, should be interpreted as meaning that the instruments adopted in the context of the European Competition Network (ECN), in particular the ECN Model Leniency Programme, were not binding on national competition authorities. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division considered the defendant solicitors' firm's applications for disclosure of certain documents in the context of a claim brought against it by the claimant for professional negligence and made rulings to the extent of disclosure to be allowed. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division dismissed an application by the claimants to admit expert evidence estimation of their potential career earnings in the construction industry. Having considered CPR PD 35 and its guidance on instructing experts the court accepted the defendants' submissions that the methodology proposed was merely research and further that it could not be said that what was proposed would assist the court in determining the matters which were in issue. 

Family proceedings – Orders in family proceedings. The Family Division dismissed a father's application to discharge the care orders that had been made following a fact-finding hearing into the causes of injuries to one of his children (P) before her death in his care. The judge reviewed the medical/pathology evidence in light of testimony from new expert witnesses and maintained his earlier conclusion that the father had perpetrated a penetrative anal assault on P, either using his penis or some other unidentified object. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Rod Leichtmetallrader GmbH (Rod) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Rodi TR, SL, and Rod concerning the successful registration by the latter of a figurative mark in black and white depicting the word 'ROD' as a Community trade mark. 

European Union – Rules on competition. The General Court of the European Union dismissed the application by Mitsubishi Electric Corp. (Mitsubishi) or annulment of Commission Decision C(2012) 4381 of 27 June 2012, amending Decision C(2006) 6762 final of 24 January 2007, relating to a proceeding under art 81 [EC] and art 53 of the European Economic Area Agreement to the extent that it was addressed to Mitsubishi and Toshiba Corp., in so far as it concerned Mitsubishi and, in the alternative, for a reduction of the fine imposed on Mitsubishi. 

Passing off – Get-up of goods. The Chancery Division dismissed the claimant's claim for passing off in respect its clinical wet wipes for use in the healthcare industry where, applying settled law to the facts, the claimant had failed to establish its case. There was no risk of deception amongst a sufficiently substantial number of the claimant's customers or potential customers for there to be a real effect on its goodwill. Further, the defendant's products did not amount to instruments of deception. 

Immigration – Deportation. The Court of Appeal, Civil Division dismissed the respondent's original appeal from the appellant Secretary of State's decision to deport him and allowed the Secretary of State's appeal against a determination of the Upper Tribunal (Immigration and Asylum Chamber). In the light of Secretary of State for the Home Department v MG ([2014] All ER (D) 124 (Jan)), a decision based on FV (Italy) v Secretary of State for the Home Department ([2013] 1 All ER 1180) could not be sustained. 

Extradition – Extradition order. The Divisional Court dismissed the appellants' appeals against orders for their extradition to Hungary. The judicial authority's assurance as to the amount of space available to individual prisoners defeated their contention that extradition would violate their rights under art 3 of the European Convention on Human Rights, as it was unambiguous and there was no basis for concluding that it would not be honoured.