Latest Cases

Human rights – Freedom of expression. The Administrative Court, in dismissing the claimant's judicial review proceedings, held that the decision of the Greater London Authority (GLA) to erect and maintain fencing on and around Parliament Square Garden had interfered with his rights under arts 10 and 11 of the European Convention on Human Rights. However, the interference had been justified and the very definition of a proportionate response. 

Environment – Protection. The Administrative Court, in dismissing the claimant Seiont, Gwyrfai and Llyfni Anglers' Society's application for judicial review, held that 'damage', as defined in art 2(2) of Parliament and Council Directive (CE) 2004/35 was restricted to a deterioration in the environmental situation and did not include the prevention of an existing, already damaged environmental state from achieving a level which was acceptable in environmental terms or a deceleration in such achievement. 

Employment – Unfair dismissal. The employee appealed against the employment tribunal's dismissal of her case that she had been subjected to detriment and dismissed because of protected disclosures. The employer, Imperial College of Science, Technology and Medicine, appealed against the tribunal's finding of unfair dismissal and a reduction of 20% for contributory fault. The Employment Appeal Tribunal held that, in respect of protected disclosures, the tribunal had not precisely applied the statutory test in s 43A of the Employment Rights Act 1996. The tribunal had failed to apply the test in s 98 of the Act on the question of unfair dismissal. The appeal was also allowed on points related to contributory conduct and an item of expenses. 

European Union – Rules on competition. The General Court of the European Union allowed the application by Martinair Holland NV for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that that company and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment 

Employment – Disability discrimination. The Employment Appeal Tribunal allowed an employee's appeal in part and allowed the employer's a cross appeal concerning an award of pension loss. It held that the employment tribunal had not erred in failing to discount the award of pension loss to take into account the chance the employee would obtain work as a teacher and thereby gain access to a final salary pension scheme again. erred in law in the way in which it calculated the employee's pension loss from the age of 52 to 60; by discounting the employee's pension loss from the age of 60 onwards for accelerated payment, and in grossing up the award of compensation for loss of pension when it had used gross figures for assessing that loss. 

Family proceedings – Orders in family proceedings. The Family Division dismissed the father's application for an order for the summary return of his son to Belgium, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction on the basis that it was not practicable or possible for either the mother or the court or, indeed, anyone else to give lawful effect to an order if one was made for the return of that child to Belgium. 

European Union – Value Added Tax. The Court of Appeal, Civil Division, dismissed an appeal by the local authorities against a determination that, if they were treated as a non-taxable person for VAT purposes, within the meaning of art 4(5) of Council Directive (EEC) 77/388, then that would distort competition in the off-street car-parking market in the area of pricing. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Latam Airlines Group SA and Lan Cargo SA for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that Air Canada and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment. 

Immigration – Refugee. The Administrative Court dismissed the claimant Syrian national's procedural judicial review challenge to the defendant Secretary of State's decision to refuse to provide him a travel document for reasons of national security. Although the pending closed material procedure had inherent limitations, it had been considered consistent with the requirements of fairness, art 6 of the European Convention on Human Rights and/or art 47 of the Charter of Fundamental Rights of the European Union for other purposes, and the claimant was not entitled to more. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Deutsche Lufthansa AG (Lufthansa) and its subsidiaries for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that those companies and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment.