Latest Cases

Family proceedings – Orders in family proceedings. The Family Division granted, in seven cases (the eighth case having been adjourned), the declaration of parentage sought, in circumstances where it had subsequently come to light that there had been administrative errors by certain fertility clinics, concerning consent to acquisition of parenthood. 

Town and country planning – Permission for development. The claimant challenged the first defendant Secretary of State's decision, dismissing his appeal against the second defendant local planning authority's refusal to permit non-compliance with a condition previously attached to earlier permission. The Planning Court, in allowing the application, held that the Secretary of State had failed to give adequate reasons for his decision and had failed to grapple with a principle issue adequately. 

Immigration – Asylum. The claimant challenged the defendant Secretary of State's certification of her fresh claim for asylum as being clearly unfounded. The Administrative Court, in allowing the application, held that there was no doubt that the decision to certify had been unlawful and that the claimant should not have been removed from the United Kingdom, as she had been. The Secretary of State was directed to ensure that the claimant might re-enter the UK. 

European Union – EU institutions. The General Court of the European Union upheld the action brought by SV Capital OU (SV) for annulment of Decision 2014-C1-02 of the Board of Appeal of the European Supervisory Authorities which had dismissed the action brought by SV against the decision of the European Banking Authority to reject SV's request for an investigation to be initiated into the Estonian and Finnish financial sector supervisory authorities, pursuant to art 17(2) of Regulation (EU) No 1093/2010 as a result of an alleged breach of EU law. The General Court decided that the Board of Appeal had lacked the competence to decide on that appeal on the basis of art 60(1) of that regulation. 

European Union – Freedom of establishment. The Court of Justice of the European Union gave a preliminary ruling deciding, among other things, that the deposits excluded under point 7 of Annex I to Directive (EC) 94/19, as amended by Directive (EC) 2009/14, were listed exhaustively in that provision, so that the member states could not provide, in their national law, for other categories of depositors who were not covered, in terms of the functions carried out, by the concepts listed in that point, in order for the exclusion from the deposit-guarantee to be applied to them. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 24(1) of Council Directive (EC) 2006/112 should be interpreted as meaning that the term 'supply of services' included subscription contracts for the supply of consulting services to an undertaking, in particular those of a legal, commercial or financial nature, under which a supplier had agreed to be available to the customer during the term of the contract. 

European Union – Environment. The Court of Justice of the European Union gave a preliminary ruling, deciding that arts 2(a) and 3(2)(a) of Directive (EC) 2001/42 had to be interpreted as meaning that the adoption of a measure containing a plan or programme relating to town and country planning and land use falling within the scope of the Directive that modified an existing plan or programme could not be exempted from the obligation to carry out an environmental assessment under that directive on the ground that that measure was intended to give more specific expression to and implement a master plan established by a hierarchically superior measure that had not, itself, been the subject of such an environmental assessment. 

Value added tax – Overpayment of tax. The Upper Tribunal (Tax and Chancery Chamber) dismissed an appeal by the taxpayer car dealer company on the basis that the First tier (tax chamber) was entitled to infer, in the absence of documentary evidence from the taxpayer, that the taxpayer had not accounted for VAT on bonuses paid by manufacturers to the taxpayer on purchase of demonstrator and courtesy cars in relevant claim periods. 

Value added tax – Value added tax. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 148(a) of Council Directive (EC) 2006/112. The request had been made in proceedings between 'Fast Bunkering Klaipėda' UAB ('FBK') and the State Tax Inspectorate under the Finance Ministry of Lithuania concerning the status of supplies of fuel to intermediaries acting in their own name with regard to VAT. 

European Union – Jurisdiction. The Court of Justice of the European Union gave a preliminary ruling relating to the interpretation of art 5(1) and (3), and Chapter II, Section 5 (arts 18 to 21), and art 60(1) of Council Regulation (EC) No 44/2001. The request had been made in proceedings between Holterman Ferho Exploitatie BV and three of its subsidiary companies and Mr Spies von Büllesheim concerning the latter's liability as manager of those companies and a claim that he be ordered to pay damages.