Latest Cases

Negligence – Duty to take care. The claimant, who was blind, fell from an open second floor window at the home of the defendants. As a result, he sustained spinal and brain injuries. The claimant brought proceedings against the defendants. The Queen's Bench Division held that, on the evidence, the claimant had proved that his injury had been caused by a breach of duty on the part of the defendants. Accordingly, judgment was given for the claimant on the issue of liability. 

Prisoner – Prisoner's correspondence – Human rights. Court of Session: In judicial review proceedings in which the petitioner, a prisoner, complained of maladministration by prison authorities concerning his mail, alleging there was no efficient system of delivery of mail, leading to delay, and no efficient system of sorting privileged mail from other mail, the court held that the complaint about delay was not made out but the complaint about privileged mail was made out: the petitioner's right to respect for his correspondence had been breached and he was a victim for the purposes of the Human Rights Act 1998 and Scotland Act 1998. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Westermann Lernspielverlag GmbH (Westermann) against a 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 Westermann and Diset, SA, concerning the application by the former for registration of a figurative sign depicting the words 'BAMBINO LÜK'. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by The Smiley Company SPRL against a decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between The Swatch Group Management Services AG (the Swatch Group) and The Smiley Company SPRL concerning the application by the latter company for registration of the word sign 'HAPPY TIME' as a Community trade mark. 

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. 

Arbitration – Award. In seeking to enforce an arbitration award, the claimant had obtained a third party debt order and receivership order against the defendant in respect of sums due to it under letters of credit. The orders were subsequently set aside on the defendant's application. The Court of Appeal, Civil Division, dismissed the claimant's appeal as the court had not had the jurisdiction to make the orders in the first place and because, on the proper construction of the letters of credit, the defendant had not been the creditor. 

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. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of his application for judicial review of the defendant Secretary of State's decision refusing his application for leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) migrant, pursuant to para 322(1A) of the Immigration Rules. The decision under challenge was a decision made in the exercise of the power conferred on the Secretary of State by s 3 of the Immigration Act 1971. It was for the Secretary of State or her officials to determine which provisions of the Immigration Rules applied and whether relevant conditions were satisfied, including the determination of relevant questions of fact. Their findings on such matters were open to challenge in judicial review proceedings only on Wednesbury principles. 

Conflict of laws – Foreign proceedings. The Court of Appeal, Civil Division, held that English court had jurisdiction pursuant to section 5 of Regulation (EU) 1215/2012 to determine a dispute arising out of the claimant's employment with an English company whose parent company was a Massachusetts company, in circumstances where the claimant's contract of employment contained an express choice of Massachusetts law and an exclusive jurisdiction agreement in favour of the courts of Massachusetts. The court allowed the claimant's appeal against an order dismissing his application for an anti-suit injunction on the basis that it was bound by the decision in Samengo-Turner v J & H Marsh & McLennan (Services) Ltd [2007] 2 All ER (Comm) 813. 

Prison – Prisoner. The claimant of Kurdish Sorani descent was a serving prisoner denied access to books, DVDs and CDs in Kurdish. The Administrative Court, in dismissing his application for judicial review, held the defendant Secretary of State had no blanket prohibition on friends and family sending prisoners such items. However, on the basis of authority, his claim succeeded in respect of books only.