Latest Cases

European Union – Social security. The Court of Justice of the European Union dismissed the action brought by the European Commission, seeking a declaration that, by refusing to grant the Christmas bonus provided for under Slovak law to beneficiaries residing in a member state other than Slovakia, Slovakia had failed to fulfil its obligations under, among other things, art 7 of Regulation (EC) 883/2004. The Commission had failed to establish that the constituent elements of the Christmas bonus supported its classification as an 'old-age benefit' within the meaning of art 3(1)(d) of the Regulation. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by the applicant against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Dell, Inc., and the applicant concerning the application by the applicant for registration of a word sign 'LEXDELL' as a Community trade mark. 

Debt recovery small claim – Water and sewerage services – Statutory/contractual bases for charge – Jurisdiction. Sheriff Court: Allowing the defender's appeal and refusing the pursuers' cross-appeal in small claims proceedings the pursuers had raised for recovery of a sum said to be outstanding in respect of invoices for water, waste water and drainage services provided to the defender's shop, the court held that the sheriff was not entitled to find that the pursuers had a proper statutory basis for charging the defender, although he was correct to repel the pursuer's submission that the defender had a contractual liability, independent of statue, to pay the charges, and the action ought to have been dismissed due to lack of jurisdiction standing the sheriff's findings as to the contractual basis for charging the defender, with which the court agreed. 

Family proceedings – Orders in family proceedings. The Family Division held that the law concerning the presence of the media in the private family proceedings, which was contained in r 27.11 of the Family Procedure Rules 2010 and Practice Direction 27B, did not extend to breaching the privacy of the parties in the proceedings. Rule 27.10 did contain a presumption that financial remedy proceedings should be heard in private, which should not be derogated from unless there was a compelling reason to do so. Accordingly, the court made an order restricting reporting of the case in such a way that could lead to the identification of the parties. 

European Union – Competition. The Court of Justice of the European Union set aside, in part, a judgment by the General Court of the European Union, dismissing the applicant's application for annulment of a decision in which the applicant company and its subsidiary had been fined for participating in competition infringement within the EU, to the extent that the General Court had not brought the fine imposed on the applicant into line with the fine imposed on it's subsidiary. 

Mental health – Patient. The respondents applied for reconsideration of the decision appointing D's daughter L, a United States' resident, as the deputy for her property and affairs. The Court of Protection, in dismissing the application, held that the fact that someone lived outside the jurisdiction should not be an impediment to their appointment as deputy if, in all other respects, they were the most suitable candidate to be appointed and it was in the patient's best interests. In the circumstances, L's appointment was in D's best interests. 

Immigration – Asylum seeker. The Administrative Court dismissed the claimants' judicial review proceedings, asking the court to quash the defendant Secretary of State's certificates providing for their removal to Malta. However, it held that the claimant in the second action had been unlawfully detained from 16 September to 7 November 2014, as the review of his detention had not considered a material consideration. 

European Union – Community institutions. The General Court of the European Union allowed the application by the applicant for annulment of the decision of the European Council of 13 May 2013 refusing full access to document No 12979/12 of 27 July 2012 containing an opinion of the Council's Legal Service relating to the proposals for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation and a Regulation on insider dealing and market manipulation and other instruments. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Reed Exhibition Ltd (Reed) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning an application by Reed for registration of the word sign 'INFOSECURITY' as a Community trade mark. 

Adoption – Practice. The Court of Appeal, Civil Division, in allowing the appeals of both the father and the local authority, held, among other things, that the prospective adopters ought not to have been joined as parties to the care proceedings. The care judge was concerned at most with consideration of adoption in principle, not with evaluating the merits of particular proposed adopters. There was no need for the prospective adopters to be joined and there was nothing in the status or function of an early permanence placement foster carer which either justified or required any change in the conventional and long-established approach.