Latest Cases

European Union – Trade marks. The Court of Justice of the European Union ruled on the appeal by El Corte Inglés SA (El Corte) which sought to have set aside the judgment of the General Court of the European Union in El Corte Inglés v Office for Harmonisation in the Internal Market (OHIM) — English Cut: T-515/1 (The English Cut) by which that Court had dismissed El Corte's action seeking annulment of the decision of the First Board of Appeal of OHIM relating to opposition proceedings between that company and The English Cut concerning an application by the latter company for registration of a word sign 'The English Cut' as a Community trade mark. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal and dismissed the respondent Nigerian national's application for judicial review of the Secretary of State's decision to refuse to grant her leave to remain under the Immigration Rules. The deputy judge had misinterpreted the guidance in the authorities on the interpretation of para 276ADE(vi) of the Immigration Rules and, hence, had misinterpreted the paragraph itself, giving too narrow a meaning to the concept of 'ties' to Nigeria. 

Employment – Discrimination. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the employment tribunal's explicit conclusion, that the average shorter length of service of Muslim chaplains had not been the result of any discriminatory practice on the part of the prison service, meant that they had not been put at a particular disadvantage within the meaning of s 19(2)(b) of the Equality Act 2010 and, accordingly, the claim of indirect discrimination had to fail. 

Immigration – Deportation. The Court of Appeal, Civil Division, in dismissing an appeal against a deportation decision, held that First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) had taken into account all the relevant considerations under art 8 of the European Convention on Human Rights. The FTT had not made any express reference to Üner v The Netherlands ([2006] 3 FCR 340) or Maslov v Austria ([2008] ECHR 1638/03), but it had not needed to since: (i) it had had regard to all the relevant considerations; and (ii) the appellant had not been lawfully present in the United Kingdom. 

Sentence – Suspended sentence. The Court of Appeal, Criminal Division, quashed the minimum term of nine years and three months imposed on the defendant, and substituted it for a sentence of eight years and nine months' imprisonment. The judge had not had the power to 'increase' the minimum term because the offence for which the defendant had received a suspended sentence had not been a 'specified serious offence'. 

Company – Liquidation. The Chancery Division ruled on an application by liquidators of Premier Motor Auctions Leeds Ltd and another company for orders that litigation expenses of proceedings brought by the companies be approved and authorised by the court, pursuant to r 4.218E of the Insolvency Rules 1986, SI 1986/1925 and for orders that the application be heard in private and not be served on a creditor of the companies (Lloyds) until after the final determination of the proceedings. The court held that the circumstances of the case were not sufficiently exceptional to justify derogation from the open justice principle. A question of construction was raised as to whether the condition specified in r 4.218B(1)(c) was satisfied and whether it could be said that the liquidators would have to have recourse to property comprised in or subject to Lloyds' floating charge in order to pay litigation expenses. However, it was not appropriate to deal with the application in the absence of Lloyds and the application and the evidence were ordered to first be served on Lloyds. 

Easement – Pleasure ground. The Chancery Division considered the claimants' application for, among other things, declaratory relief that they were entitled to use of sporting and recreational facilities on an area of land free of charge. The court held that the claimants were entitled to the declaratory relief sought. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed a mother's appeal against the refusal of her application, made in the course of private law proceedings, for contact with her child in Florida. Subject to appropriate safeguards, the mother would be permitted to take the child to Florida for staying contact. 

Costs – Group action. The Queen's Bench Division held that the parties costs budgets in a group litigation order were disproportionate and therefore court therefore made a costs management order in accordance with CPR 3.15. 

Medical practitioner – Appeal against determination of disciplinary committee. The Administrative Court dismissed the appellant registered nurse's appeal against a 12-month suspension order imposed by a panel of the Conduct and Competence Committee (the panel) of the respondent Nursing and Midwifery Council. The panel's judgment had been both reasonable and proportionate in the circumstances of the case, and its reasons had met the required standard.