Latest Cases

Public procurement – Public contracts. The claimant was awarded a Framework Agreement (FA) governing the supply of locum doctors following a procurement exercise conducted by the defendant. The Queen's Bench Division rejected the defendant's complaint that the defendant was operating the FA in a way that was materially different to that which was represented at the time of the procurement exercise. 

Local authority – Social services. The claimant sought judicial review of the defendant local authority's decision to reduce his care provision below 24 hour per week. The Administrative Court, in allowing the application, having regard to the policy guidance issued under s 7 of the Local Authority Social Services Act 1970, held that the authority had failed to: (i) review the claimant and supply a revised support plan; (ii) give reasons for the reduction in care; and (iii) take all reasonable steps to reach agreement as to his care. The authority's decision was quashed and it was required to reassess his community care needs. 

Income tax – Double taxation relief. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by the Peninsula & Oriental Steam Navigation Company (P & O) against the decision of the First-tier Tribunal (Tax Chamber) to uphold the decision of the Revenue and Customs Commissioners to substantially reduce P & O's claim for double taxation relief. The tribunal decided that the natural, and correct, construction of s 799(1) of the Income and Corporation Taxes Act 1988 was that where there was no foreign tax (or UK tax which was treated as if it was foreign tax) there was also no tax which could be taken into account for the purposes of that sub-section. 

European Union – Environment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 4(1)(a)(i) to (iii) of Directive (EC) 2000/60 (establishing a framework for Community action in the field of water policy). The request had been made in proceedings between the German federation for the environment and the conservation of nature and Germany, concerning a scheme to deepen various parts of the river Weser in the north of Germany, intended to enable larger container vessels to call at certain German ports. 

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. 

Employment – Unfair dismissal. The employment tribunal (the tribunal) had held that the employee, a disabled prison officer, had been unfairly dismissed by reason of his disability. It also found direct and indirect disability discrimination, disability related discrimination and a failure to make reasonable adjustments. The employee was awarded compensation. The Employment Appeal Tribunal dismissed the employer's appeal against the finding of liability where no error of law had been made out. However, the appeal concerning remedy was allowed and the matter remitted where the tribunal's findings in relation to past and future losses could not be sustained. 

European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling deciding, among other things, that art 7(4) of Directive (EC) 2008/115 should be interpreted as precluding a national practice whereby a third-country national, who was staying illegally within the territory of a member state, was deemed to pose a risk to public policy within the meaning of that provision on the sole ground that he was suspected, or had been criminally convicted, of an act punishable as a criminal offence under national law. 

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. 

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. 

European Union – Trade marks. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 9(1)(b) of Council Regulaion (EC) 207/2009 (on the Community trade mark) should be interpreted as meaning that, in order to assess the likelihood of confusion that could exist between a Community trade mark and a sign which covered the same or similar goods and which both contained a dominant Arabic word in Latin and Arabic script, those words being visually similar, in circumstances where the relevant public for the Community mark and for the sign at issue had a basic knowledge of written Arabic, the meaning and pronunciation of those words had to be taken into account.