Latest Cases

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. 

Damages – Assessment. The Queen's Bench Division held that the claimant was entitled to damages for pain suffering and loss of amenity, damages for treatment expenses and funeral expenses in the sum of £7,113.17 on behalf of the father's estate following his death at the second defendant hospital. 

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 – Trade marks. The General Court of the European Union dismissed the action brought by Rotkäppchen-Mumm Sektkellereien GmbH (Rotkäppchen-Mumm) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Rotkäppchen-Mumm and Alberto Ruiz Moncayo concerning the application by the latter for registration of the word sign 'REd RIDING HOOD' as a Community trade mark. 

Criminal law – Appeal. The Court of Appeal, Criminal Division, held that the conduct of the defence counsel had not reached a level of incompetence to have called into question the safety of the defendant's conviction or the fairness of the trial. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Japan Airlines Co. Ltd 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. 

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. 

Employment – Continuity. The Employment Appeal Tribunal ruled, in allowing the defendants' appeal, that, although reg 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE), did not preclude a relevant transfer to multiple transferees, where the transferor remained liable for the claimant's employment, the situation would not fall within the protection of TUPE or Council Directive (EC) 2001/23. Accordingly, the employment tribunal's decision was substituted by a finding that there had been no relevant transfer for TUPE purposes. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by CareAbout GmbH (CareAbout) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between José Luis Florido Rodriguez and CareAbout concerning the application by the latter for registration of the word sign 'kerashot' as a Community trade mark. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by British Airways plc (BA) for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that BA 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.