Latest Cases

European Union – Trade Marks. The General Court of the European Union dismissed the action brought by Laboratorios Ern SA (Laboratorios) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Laboratorios and michelle menard GmbH — Berlin cosmetics regarding the application by the latter company for registration of word mark 'Lenah. C' as a Community trade mark. 

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. 

Consumer law – Defective products – Negligence – Duty of care. Court of Session: Sustaining the defenders' plea to the relevancy and granting decree of dismissal in an action in which the pursuers, whose clubhouse was extensively damaged when an electric golf trolley which was left overnight in a locker room caught fire sought reparation from the importers and suppliers of the trolley, the court held that 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 2(1)(c), 24(1), 43 and 273 of Council Directive (EC) 2006/112, of Council Regulation (EU) No 904/2010, of art 4(3) TEU and arts 49, 56 and 325 of the Treaty on the Functioning of the European Union (TFEU), and of arts 7, 8, 41, 47, 48, 51 and 52 of the Charter of Fundamental Rights of the European Union. The request had been made in proceedings between WebMindLicenses Kft. and the Hungarian National Tax and Customs Authority, Principal Directorate of Taxes and Customs for Major Taxpayers concerning a decision by the latter ordering the payment of various sums in tax relating to the tax years 2009 to 2011 as well as of a fine and of penalties for late payment. 

European Union – Freedom of establishment. The Court of Justice of the European Union gave a preliminary ruling deciding, among other things, that art 49 of the Treaty on the Functioning of the European Union should be interpreted as not precluding a member state's tax regime, such as that at issue in the main proceedings, under which, in the event of transfer by a resident company to a non-resident company within the same group of a permanent establishment situated in another member state, the losses previously deducted in respect of the establishment transferred were reincorporated into the taxable profit of the transferring company where, under a double taxation convention, the income of such a permanent establishment was exempt from tax in the member state in which the company to which that establishment belonged had its seat. 

Evidence – Admissibility. The Court of Appeal, Civil Division, allowed the claimant tenants' appeal concerning the applicability of the 'without prejudice' privilege to certain discussions that had taken place between the second tenant and the defendant landlord's solicitor. The entirety of the discussions at the first interview and thereafter in correspondence, and at the second interview were properly to be regarded as having been protected by without prejudice privilege, which had not been waived. 

Costs – Order for costs. The Court of Appeal, Civil Division, allowed an appeal against an order as to costs made against the appellant in circumstances where he had beaten the offer to settle for '£18,500 net of [Compensation Recovery Unit]' that had been made to him by the respondent pursuant to CPR Pt 36. The offer had been a valid one under Pt 36, the recorder had been entitled to wait to assess costs until after the Compensation Recovery Unit had reviewed the appellant's certificate of recoverable benefits and, on the facts, the recorder had erred in concluding that the appellant had not beaten the offer. 

Child – Care. The Family Court held that the only way in which the future of a 12-year-old boy could be safeguarded was by making him a ward of court. He could not be made a ward whilst he was subject to an interim care order and so that order would be discharged. For the same reasons, it was contrary to his welfare to allow care proceedings to continue and, accordingly, the local authority was given permission to withdraw its application for a care order. 

Medical negligence – Childbirth – Application to amend. Court of Session: In an action for damages in respect of hypoxic brain injury suffered at birth in which it was alleged that the oxygen supply to the pursuer's brain in utero was impaired because her mother's womb ruptured because her labour was negligently mismanaged, and in which, following proof, the pursuer enrolled a motion seeking to allow a minute of amendment proposing a new risk disclosure case to be received, the court refused the pursuer's motion, holding that an adequate explanation had not been offered for bringing the risk disclosure case so late, and it was not reasonable, equitable and in the interests of justice to allow the new case to be added. 

Immigration – Leave to remain – Right to family life. Court of Session: Granting a judicial review petition by an Indian citizen, challenging the refusal of his application for leave to remain in the UK as the spouse of a British citizen, the court held that the respondent had not shown by her refusal letter that proper consideration had been given to the whole circumstances of the case, either within the Immigration Rules or outside of them.