Latest Cases

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. 

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. 

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. 

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. 

Employment – Unfair dismissal. The Employment Appeal Tribunal dismissed an employee's appeal against the employment tribunal's ruling that he had not been unfairly dismissed notwithstanding procedural shortcomings in the termination of his employment on the ground of misconduct. The tribunal had taken into account the procedural failings, had not adopted the wrong approach and there was no error of law that vitiated that decision. 

Employment – Transfer of employment. The Employment Appeal Tribunal, in dismissing an employee's appeal, held that the tribunal had not erred in ruling that because an employee, who had been on long term sick leave, had not contributed to the economic activity of a company's grouping he not assigned to that grouping and his employment had not transferred to a new employer within meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Air Canada 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. 

Insurance – Motor insurance. The Privy Council allowed a Bahamian insurance company's appeal against a decision that it was liable for a judgment in favour of the claimant third party, who had been injured in a collision with a bus insured with it. Under the insurance policy and certificate, the bus had not been insured in respect of third party liability to the claimant arising from the negligent driving of the bus because the driver was not a person named as being entitled to drive in the certificate. 

Employment – Discrimination. The Employment Appeal Tribunal, in allowing the employer, Ford Motor Company Ltd's appeal, held that an employment judge who had ruled at a preliminary hearing that the employment tribunal had jurisdiction, under the Equality Act 2010, to hear age discrimination claims by pensioners, had erred in failing to consider whether the claims fell within both limits of the Act and in applying the Act. 

Criminal law – Sentence. The Court of Appeal, Criminal Division, in dismissing a defendant's appeal in respect of the imposition of the criminal courts charge following his guilty plea, on committal from the magistrates' court, to possessing false identity documents with improper intention. It held that s 66 of the Courts Act 2003 provided that a judicial office holder might exercise the powers of a district judge in criminal causes and matters, but that the Crown Court, in sentencing defendant, did not become a magistrates' court and was not entitled to impose an order by which the criminal courts charge would be deemed paid by the term already served.