Latest Cases

European Union – Jurisdiction. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 15(1)(c) of Council Regulation (EC) No 44/2001, read in conjunction with art 16(1) of that regulation. The request had been made in the course of proceedings between, on the one hand, Mr Hobohm, domiciled in Germany, and, on the other hand, Benedikt Kampik Ltd & Co. KG, Mr Kampik and Mar Mediterraneo Werbe- und Vertriebsgesellschaft für Immobilien SL, established in Spain, concerning the repayment of sums of money made available to Mr Kampik by Mr Hobohm for the purchase of an apartment in Spain on behalf of Mr Hobohm. 

Mental health – Court of Protection. The Court of Protection appointed a non-family member to be a trustee and deputy of property and affairs in respect of the patient, A on the basis that no suitable family member was presently willing to act as A's deputy and it would be in A's best interests. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by The Cookware Company against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Fissler GmbH and TCC concerning the application by the latter for registration of a figurative sign 'VITA+VERDE' as a Community trade mark. 

Customs and excise – Excise duty. The Upper Tribunal (Tax and Chancery Chamber) allowed the appeal by Carlton Clubs Ltd (CCL) against a decision of the First-tier Tribunal (Tax Chamber) that charges imposed by CCL on customers for the hire of electronic hand-held devices used to play bingo electronically were subject to bingo duty. The tribunal decided that the FTT had erred in law in its approach to that decision. 

Extradition – Extradition order. The Administrative Court dismissed the appellant's appeal against orders for his extradition to Poland to serve a sentence of eight months' imprisonment, originally suspended for three years, imposed for theft of railings from an historic railway bridge in 2005. There was a fine balance, particularly given the passage of time, but extradition had to be ordered. 

Document – Production. The Chancery Division dismissed the appellants' appeal against case management decisions taken by a deputy master in the course of proceedings. The deputy master had taken a view that he was entitled to take, and had made no error of principle. 

Landlord and tenant – Leasehold enfranchisement. The Court of Appeal, Civil Division, allowed in part an appeal against a decision of the Upper Tribunal (Lands Chamber) in respect of the demised premises under a leaseback pursuant to Pt IV of the Leasehold Reform Housing and Urban Development Act 1993. The tribunal had erred in giving insufficient reasons for its decisions and the court remade the decision and defined the extent of the demise to be granted under the leaseback. It held that, beyond identifying in the counter-notice the flat or other unit that was sought to be the subject of a leaseback, there was no need for a reversioner also to spell out in the counter-notice any of his proposed terms of the leaseback. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 2(1) and 10(2) of Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EC) 1999/59, then by Council Directive (EC) 2001/115. The requests had been made in proceedings between Air France-KLM, formerly Air France, and Hop!-Brit Air SAS, formerly Brit Air, on the one hand, and the Ministère des Finances et des Comptes publics, on the other hand, concerning the liability to VAT of an unused transport ticket and of sums paid by an airline company to an undertaking carrying on the same type of business in consideration for the sale of unused transport tickets. 

Rates – Valuation list. The Court of Appeal, Civil Division, dismissed the appellant's appeal against a decision of the Upper Tribunal (Lands Chamber), dismissing its appeal against a decision of the Valuation Tribunal for England, that an alteration to the 2005 rating list to include the property as a new hereditament, with a rateable value of £62,500, took effect from 1 April 2005, the day on which the 2005 list had come into force. 

Patent – Petition for revocation. The Patent's Court held in favour of the claimant company that the defendant company, medac's patent, which protected its syringe and pen products used in the treatment of rheumatoid arthritis, was invalid for obviousness over a letter published earlier in a journal. The patent was accordingly ordered to be revoked.