Latest Cases

European Union – Freedom of establishment. The Court of Justice of the European Union ruled that two questions referred to it for a preliminary ruling by the Italian national court concerning the interpretation of arts 49, 102 and 106 of the Treaty on the Functioning of the European Union and of art 15 of the Charter of Fundamental Rights of the European Union were inadmissible as both questions failed to provide the Court with the factual or legal material necessary to give a useful answer as required by art 94(c) of the Rules of Procedure of the Court of Justice. 

Practice – Stay of proceedings. The appellants had issued proceedings in the First-tier Tribunal (Tax Chamber) against their assessment to landfill tax. They were then permitted to bring judicial review proceedings founded on their legitimate expectations arising out of negotiations for repayments of overpaid landfill tax. The Revenue's application for a stay of the judicial review proceedings was dismissed. The Court of Appeal, Civil Division, dismissed the Revenue and Customs Commissioners' appeal as the taxpayers were entitled to pursue either or both remedies and, it was not clear what the Revenue's case would be in the judicial review, so it was uncertain whether there was any overlap of fact in the two sets of proceedings. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by TVR Automotive Ltd (TVR) 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 TVR's predecessor, Muadib Beteiligung GmbH, and TVR Italia Srl relating to the application by the latter for registration of a figurative sign depicting the words 'TVR ITALIA' as a Community trade mark. 

Public procurement – Public contracts. The Technology and Construction Court considered a procurement dispute arising out of a tender process undertaken by the defendant Milton Keynes local authority for the award of a framework agreement for asbestos removal. 

Competition – Competition Appeal Tribunal. The Competition Appeal Tribunal (the tribunal) dismissed the application under s 120 of the Enterprise Act 2002 by Ryanair Holdings plc (Ryanair) for a review of the final report by the Competition and Markets Authority (CMA) into Ryanair's minority stake in Aer Lingus Group plc. That report had concluded that Ryanair's stake had resulted in a substantial lessening of competition and, as remedial action, had required Ryanair to reduce its stake in Aer Lingus. The tribunal upheld the CMA's decision that there had been no material change in circumstances such as to require the CMA to consider remedial action different from that set out in its final report. 

Medical practitioner – Appeal against determination of disciplinary committee. The appellant registered midwife appealed against the decision of the Conduct and Competence Committee (the Committee) of the respondent Nursing and Midwifery Council, finding allegations proved and making a caution order for 12 months. The Administrative Court, in allowing the appeal, held that there had been a serious irregularity in the Committee having considered the investigation and report of the supervisor of midwives. The Committee should have treated those findings and decision as completely irrelevant and excluded from its consideration. 

Data protection – Processing of information. The Divisional Court, in allowing the claimants' application for judicial review, declared that s 1 of the Data Retention and Investigatory Powers Act 2014 was incompatible with the requirements of European Union law insofar as it: (i) did not lay down clear and precise rules on access to, and use of, retained communications data to be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions; and (ii) access to the data was not made dependent on a prior review by a court or an independent administrative body. 

Sale of goods – Contract. The Commercial Court dismissed the claimants' appeal against the preliminary rulings of arbitrators in a contractual dispute. The court held, among other things, that the contract in issue was not one to which the Sale of Goods Act 1979 applied. 

Criminal Law – Procedure. The Lord Chief Justice, handed down, an amendment to the Criminal Practice Directions, to take effect from 16 July and 5 October 2015. The Practice Directions replaced Practice Directions at CPD I General Matters 3A Case management, and at CPD VI Trial 39M Jury irregularity. 

Statute – Construction. In a case where a without notice injunction was granted in respect of a respondent who was suspected of being a gang member under the Policing and Crime Act 2009, the Queen's Bench Division refused an appeal against a decision of a judge not to continue that injunction on the basis that it was not sufficient for the police to contend that they had identified links if those links had not amounted to a signifier or characteristic of gang membership that had resulted in others responding to the street identity. Accordingly, the judge had been right to conclude, as he had done.