Latest Cases

European Union – Rules on competition. The Court of Justice of the European Union dismissed the action brought by AC-Treuhand AG against the judgment of the General Court of the European Union in Case T‑27/10 (EU:T:2014:59), by which that court had dismissed its action for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under art 81 EC and art 53 of the Agreement on the European Economic Area (COMP/38589 — Heat Stabilisers) or, in the alternative, a reduction of the fines imposed on it by that decision. 

Sentence – Mandatory life sentence. The Administrative Court refused to recommend a reduction of the offender's tariff of 12 years, less the time spent in custody on remand, for murder, as exceptional and unforeseen progress had not been established. 

Limitation of action – Period of limitation. A judge had determined that a standstill agreement between the parties, which provided that time would be suspended for the purposes of any limitation defence in relation to claims made by the claimant, did not have the effect of suspending time in relation to the claimant's claims in deceit. The Court of Appeal, Civil Division, allowed the claimant's appeal as, on the proper construction of that agreement, the claims in dishonesty arose indirectly from the background to the claims as set out in the agreement. 

Divorce – Ancillary relief. The Family Division held that the ancillary relief hearing would go ahead in the absence of the husband and that the wife's proposals which would allow for a clean break were entirely reasonable. The husband would pay the costs under a charging order on a beneficially owned property and due to proof of iniquity the right to privacy in the hearing of the ancillary relief application would be forfeited based on the husband's behaviour. 

Costs – Order for costs. Following earlier proceedings (see [2015] All ER (D) 279 (Oct)), the Chancery Division ruled that that the third respondent ought to pay to the petitioning creditor the costs fairly attributable to its response to her own hostile rescission application and to her particular opposition to the class remedy sought by the petitioning creditor (though not those costs which would have been incurred even if she had not appeared). 

Contract – Construction. The claimant NHS Commissioning Board alleged that it had overpaid the defendant GPs in respect of payments made to them towards their practice's costs of purchasing premises and it sought repayment or rectification of the relevant contract. The payments had been based on the fixed interest rate originally payable for the defendants' loan. The Commercial Court allowed the defendant's application for summary judgment where there was no arguable case that there was an implied term that premises costs were to be paid in accordance with the National Health Service (General Medical Services Premises Costs (England) Directions 2004. Further, the case of rectification for mistake was lacking in any evidential basis and had no prospect of success. 

Town and country planning – Permission for development. The claimant Romany Gypsy challenged the decision of the inspector appointed by the first defendant Secretary of State, dismissing his appeal against the second defendant local planning authority's refusal of planning permission for the change of use of land to a single pitch Gypsy site for one mobile home and one touring caravan. The Planning Court, in dismissing the application, held that the inspector's decision had been one which had been free of any legal error. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by JP Divver Holding Company Ltd (Divver) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) concerning opposition proceedings between the examiner and Divver regarding the application by the latter for registration of the word mark 'EQUIPMENT FOR LIFE' as a Community trade mark. 

Sentence – Mandatory life sentence. The Administrative Court, reduced the offender's tariff of 17 years and 1 month for murder by ten months, as the offender's progress had been exceptional. 

Company – Administration order. The Chancery Division considered, among other things, the circumstances in which a former administrator of a company in administration could seek relief against the restoration of a company to the register. It held that it was appropriate to make a winding-up order regarding the company, but no order would be made treating the petition seeking the restoration of the company to the register and for its immediate winding up as if it had been made on a date other than the one when it had actually been made.