Latest Cases

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. 

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to France to serve a sentence of five years' imprisonment, but directed that the importation of cash could not be relied on, as it did not meet the test of dual criminality. It held that the same level of particularity was required for conviction and accusation European arrest warrants, and that a factual inaccuracy did not render the warrant invalid. 

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. 

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 Commission – Rules on competition. The General Court of the European Union allowed the application by Singapore Airlines Ltd and Singapore Airlines Cargo Pte Ltd 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. 

Arbitration – Award. The Commercial Court held that tortious claims, which alleged that the defendants had been involved in the redistribution of a company's ownership through a combination of legal and illegal means, fell within arbitration clauses in the relevant agreements and the second defendant had been properly joined to the proceedings. The claims were remitted to the arbitrators, pursuant to s 67 of the Arbitration Act 1996. 

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. 

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. 

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.