Latest Cases

European Union – Trade marks. The General Court of the European Union ruled on the action brought by Cactus SA against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Cactus SA and Isabel Del Rio Rodríguez, regarding the registration by the latter for a figurative sign depicting the words 'CACTUS OF PEACE' and 'CACTUS DE LA PAZ' as a Community trade mark. 

Immigration – Appeal. The defendant Lord Chancellor appealed against the judge's decision that the Fast Track Rules (the FTR), which governed appeals to the First-tier Tribunal (Immigration and Asylum Chamber) against refusals by the Secretary of State of asylum applications, were ultra vires. The Court of Appeal, Civil Division, in dismissing the appeal, held that the FTR were systematically unfair and unjust, as they had not struck the correct balance between speed and efficiency, and fairness and justice. 

Income tax – Capital allowances. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by the taxpayer against a decision of the First-tier Tribunal (Tax Chamber) to the effect that the taxpayer had not been entitled to an annual investment allowance on the basis that he had permanently discontinued his trade in the tax year ended 31 March 2009, being the effect of s 38 of the Capital Allowances Act 2001. The tribunal decided that a discontinuance of a trade at the end of a chargeable period was a discontinuance of that trade in that period. 

Trust and trustee – Trust property. Court of Session: In an action which concerned entitlement to receive the proceeds of two life assurance policies held in trusts created by a Mr P and his late first wife, BP, the policies having become payable on Mr P's death and the defenders having made payment under both policies to a Florida attorney who was the personal representative of Mr P and his late second wife, the pursuers claiming that the personal representative had no title to receive the proceeds of either policy and seeking payment from the defenders of a sum representing the value of the policies at the time when the action was raised, and the court held that the foreign personal representative did not have title, in any capacity, to receive the proceeds of the policy settled in Mr P's trust, and the pursuers had title to sue in the present action for the proceeds of BP's policy. 

Counsel – Negligence. The Chancery Division held that, in a claim for negligence brought against the claimants' former barrister, the defendant barrister had only been negligent by a narrow margin in one of a number of aspects. The practical effect of that was negligible, and so there would be no award for damages. 

Divorce – Appeal. The wife in divorce proceedings applied for permission to appeal out of time for a consent order to be set aside on the grounds of material non-disclosure. The Family Division gave permission to appeal out of time and allowed the appeal where there had been a breach of the duty of full and frank disclosure. 

Police – Negligence. The Court of Appeal, Civil Division, dismissed the claimants' appeal against the dismissal of their claims for damages resulting from the disclosure of their address to the accused in criminal proceedings in which they were to be called as witnesses. It held, among other things, that the actions of the police in serving a witness summons, making a statement with a view to giving evidence of that fact and producing that statement to the prosecuting authority for the purposes of making an application for a warrant of arrest all formed part of their core function of obtaining and preserving evidence, in the discharge of which they did not owe a duty of care to the public at large. 

Child – Care. In two cases involving the suspected planned removal of children to a war torn country, the Family Division made findings of fact and accepted the parents' submissions that the children should be returned to them with stringent protective measures. 

Hire-purchase – Motor vehicle. The Court of Appeal, Civil Division, ruled on challenges brought by the Revenue and Customs Commissioners to a partial exemption special method for the valuation of the proportion of residual input tax attributable to hire-purchase transactions in the purchase of Volkswagen cars. The court held that the First-tier Tribunal (Tax Chamber) had not erred in its findings and that the Revenue's appeal would be dismissed. 

Magistrates – Proceedings. The appellant Director of Public Prosecutions appealed by way of case stated against the district judge's decision, refusing to make a criminal behaviour order against the respondent. The Divisional Court, in allowing the appeal, gave guidance on s 22 of the Anti-Social Behaviour, Crime and Policing Act 2014. It found that the judge had erred by having focussed on the positive elements of such order to help prevent a person from engaging in anti-social conduct and regarding them as dispositive.