Latest Cases

Extradition – Passage of time. High Court of Justiciary: In appeals concerning two separate European Arrest Warrants (EAWs) in which the Polish authorities sought an individual's extradition to stand trial on charges relating, inter alia, to theft and attempted theft of petroleum, the court refused the appeal in respect of the first EAW, holding that there was no error of law in a sheriff's decision that it would not be oppressive to extradite the individual by reason of the passage of time, and it allowed the Lord Advocate's appeal in respect of the second EAW, holding that a different sheriff had erred in concluding that the actions of the requesting court 'in deliberately not pursuing the offence' were oppressive and that there was a risk of prejudice to the respondent were trial to take place now. 

European Union – Freedom of establishment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 15, 15a and 15b of Council Directive (EEC) 92/49 (on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance, as amended by Directive (EC) 2007/44. The request had been made in proceedings between CO Sociedad de Gestion y Participacion SA and others and Netherlands Central Bank, concerning the requirements to which the latter had subjected the approval of proposed acquisitions of the qualifying holding in the capital of Atradius NV. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, deciding that neither art 13(A)(1)(b) of the Sixth Council Directive (EEC) 77/388 nor art 13(A)(1)(c) thereof could be interpreted as applying to the transportation, for clinics and laboratories, of human organs and samples of human origin for the purposes of medical analysis or medical or therapeutic care, by a third party who was self-employed and whose services were covered by the reimbursement made by the social security system. 

European Union – Trade marks. The claimant issued proceedings against the defendants alleging breach of a community trade mark, passing off and copyright infringement. The defendants asserted a defence of use in accordance with honest practices and challenged the validity of the registration of the mark. The Intellectual Property and Enterprise Court held that the mark had been invalidly registered as it was not distinctive, nor had it acquired distinctiveness. Had that not been the case, the mark would have been infringed and the pleaded defence would have failed. While the claim of copyright infringement in two dramatic works failed, the claim of passing off succeeded. 

Sentence – Custodial sentence. The applicant complained, under art 5(1) of the European Convention on Human Rights, that his detention was arbitrary because the Parole Board had refused to recommend his release on the ground that he had not yet completed the extended sex offenders treatment programme, despite the fact that he had been unable to access that course. The European Court of Human Rights, in dismissing the application, held that a real opportunity for rehabilitation had been provided to the applicant and there had been no unreasonable delay in providing him access to courses. Accordingly, there had been no violation of art 5(1) of the Convention. 

Human Rights – Inhuman or degrading treatment. Two separate claims had been brought against two police forces seeking damages and declarations arising out of alleged failures by the police to conduct effective investigations into allegations of crimes committed against the claimants. The Court of Appeal, Civil Division, clarified the scope of the duty to investigate under art 3 of the European Convention on Human Rights and dismissed the police's appeal in the first case and the claimant's appeal in the second. 

Libel and slander – Defamatory statement. The Queen's Bench Division, in deciding a defamation claim brought by the mother of a four year old girl in regard to the alerting of certain 'child safeguarding' services, held that although the words complained of bore the meanings alleged, which were later found to be unfounded, the staff at the defendant hospital had merely been responding in an appropriate manner to the mother's behaviour. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by BH Stores BV (BH) 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 BH and Alex Toys LLC, concerning the application by the latter company for registration of the word mark 'ALEX' as a Community trade mark. 

Sentence – Imprisonment. The Court of Appeal, Criminal Division, held that a sentence of life imprisonment with a minimum term of 18 years had not been unduly lenient, in circumstances where the offender had beaten a homeless man to death. 

Building contract – Adjudication. The claimant contractor sought summary judgment on its application to enforce an award against the defendant employer, under a construction contract, granted in the second of two adjudications. The Technology and Construction Court held that documents sent by a claimant to the defendant did not amount to a valid application for an interim payment, or a valid payee's notice and as such, the adjudicator in the second adjudication had been wrong to conclude to the contrary. The claimant was not entitled to summary judgment in respect of the second adjudication as no sums were due to it as a consequence of it.