Latest Cases

Medical practitioner – Appeal against determination of disciplinary committee. The appellant appealed against the decision of the respondent Nursing and Midwifery Council's Conduct and Competence Committee (the Panel) that his fitness to practise was impaired and that a striking-off order should be made. The Administrative Court, in dismissing the appeal, held that it was without merit. The Panel's findings were unassailable and the appellant come nowhere near establishing, still less with reasonable certainty, that the Panel's findings were wrong. In particular, there was absolutely nothing in the allegations that the Panel had been biased and dishonest, and the suggestion of racial discrimination was unsupported by any evidence. 

Food and drugs – Food unfit for human consumption. The issue for determination was whether there was a right of appeal against an official veterinarian's assessment of the fitness of meat for human consumption. The Administrative Court, in dismissing the claimants' application for judicial review, held that a right of appeal was entirely inconsistent with the applicable European Union regulations. Further, as the EU regulations had not made clear or indicated that member states should enact rights of appeal, there was no duty to interpret any provision of domestic law so as to give full effect to EU law and there was no infraction of the right to property. 

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. 

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. 

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. 

Town and country planning – Permission for development. The claimant challenged the decision of the inspector appointed by the first defendant Secretary of State dismissing its appeal against the refusal of planning permission for construction of up to 320 dwellings. The Planning Court, in dismissing the application, held that the inspector had not misapplied or misconstrued a policy of the local plan or the National Planning Policy Framework. Further, as the relevant housing supply policies had been set out in the local plan and had not arguably been out of date, the presumption had been against planning permission. 

European Union – Trade marks. The Intellectual Property Enterprise Court considered whether trade marks relating to furniture should be revoked. The court gave guidance on the disregarding of territorial borders. The court held that, on the evidence, the Community trade marks in issue had not been used sufficiently outside the United Kingdom in the relevant period, and hence they would be revoked. 

Shipping – Charterparty. The claimant applied pursuant to s 67 of the Arbitration Act 1996 to set aside an arbitrator's award, in circumstances where it contended that it had never agreed the terms of a draft time charter, including a London arbitration clause. The Commercial Court, in allowing the application, held that, on the evidence, there had been no binding long term charter or arbitration clause and, accordingly, the arbitrator had had no jurisdiction. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division granted interim injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014 prohibiting the defendants, whom it was alleged held anti-Muslim views, from entering any mosque or Islamic Cultural Centre or its private grounds within England and Wales without prior written invitation, publishing, distributing or displaying, or causing to be published, distributed or displayed, any words or images, whether electronically or otherwise, which having regard to all the circumstances were likely to stir up religious and/or racial hatred. 

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.