Latest Cases

Medical treatment – Withdrawal of medical treatment. The proceedings concerned a twelve-year-old girl, AA, who had been born with a serious brain malformation, which meant that, throughout her short life, she had suffered from multiple, untreatable, medical and developmental difficulties. The Family Division, in granting the declaration sought by the NHS Trust, that it was lawful and in AA's best interests for artificial hydration to be withdrawn, held that to seek to prolong AA's life at the time of the present proceedings was contrary to her best interests. 

European Union – Rules on competition. The General Court of the European Union rejected the applicant's claims seeking the annulment of the respondent European Commission's decision that it had been involved in two cartels and its claim seeking the reduction of the fines imposed. 

Town and country planning – Planning permission. The claimant company applied to quash the decision of the inspector appointed by the defendant Secretary of State, dismissing its appeal against a refusal to vary a condition of planning permission to allow an extension of opening hours for a restaurant. The Administrative Court, in refusing to quash the decision, held that there had clearly been evidence of complaints before the inspector and he had not failed to take into account extended licensing hours as a material consideration. 

Solemn procedure – Defective representation. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of the murder of his wife, the court, having rejected grounds of appeal based on defective representation (1) in the preparation for trial; (2) in the conduct of the trial; and (3) consisting in a restriction in the appellant's ability to select appropriate representation, added comments in relation to the latter issue, including that the current Rules for the Conduct of Solicitor Advocates 2002 were inadequate and should be amended. 

Local authority – Child protection – Failure to perform statutory duty. Court of Session: Refusing a judicial review petition brought by a father against decisions a local authority had taken in respect of his two sons, the court rejected allegations that the respondents had failed to perform their statutory duty to safeguard and promote the welfare of the two boys, and that the petitioner and his sons' rights not to be subjected to torture or inhuman or degrading treatment had been breached, and it also held that the petitioner did not have standing to present the petition and that the respondents' plea of mora was well founded. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Gold Crest LLC against the Office for Harmonisation in the Internal Market (Trade Marks and Designs), concerning an application for registration of the word sign 'MIGHTY BRIGHT' as a Community trade mark. 

European Union – Employment. The applicant former employees of a company brought proceedings after they had been subjected to collective redundancy. The proceedings were stayed and the Court of Justice gave a preliminary ruling on the interpretation of art 1(1) of Council Directive (EC) 2001/23, which concerned the laws of member states relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. 

European Union – Rules on competition. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 101, 107 and 119 of the Treaty on the Functioning of the European Union and art 158 of Council Directive (EC) 2006/112 (on the common system of value added tax). The request had been made in the course of criminal proceedings brought against the defendants for alleged offences in relation to value added tax and the questions included whether a national rule on limitation periods for criminal offences, which in effect resulted in accused persons enjoying de facto impunity, amounted to introducing a VAT exemption which was not laid down in art 158 of Directive 2006/112. 

Family Proceedings – Orders in family proceedings. The Family Court made a placement order in respect of a young child, who was approaching seven months old. In the circumstances, it was clear that it was overwhelmingly in the child's interests for such an order to be made and nothing else would do. 

European Union – Community institutions. The Court of Justice of the European Union, in dismissing Spain's application for annulment of art 19 of Parliament and Council Regulation (EU) 1052/2013, rejected Spain's single plea of law alleging breach of art 4 in conjunction with art 5 of Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union. The Court ruled that art 19 of the Regulation could not be regarded as having given the member states the option of concluding agreements which allowed Ireland or the United Kingdom to take part in the provisions in force of the Schengen acquis in the area of the crossing of the external borders.