Latest Cases

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. 

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. 

Tax – Avoidance. The appellants were affected by retrospectively effective legislative changes to s 45 of the Finance Act 2003 relating to stamp duty land tax. They contended that those changes infringed art 1 of the First Protocol to the European Convention on Human Rights (A1P1) and art 6 of the Convention. They were refused permission to bring judicial review proceedings against the respondents. The Court of Appeal, Civil Division, in dismissing the appellants' appeal, held that A1P1 had not been engaged by the imposition of the legislative changes and, if it had been, the changes had been lawful and proportionate. Article 6 was also not engaged, since tax proceedings did not relate to the determination of a 'civil' right or obligation. 

European Union – Trade marks. The General Court of the European Union dismissed the action by dm-drogerie markt GmbH & Co. KG (dm-drogerie) 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 dm-drogerie and Disenos Mireia, SL, concerning the application by the latter company for registration of a figurative sign representing a highly stylised capital letter 'M' as a Community trade mark. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 2(1), 14, 24(1) and 90(1) of Council Directive (EC) 2006/112 (on the common system of value added tax). The request had been made in proceedings between NLB Leasing d.o.o. and Slovenia, concerning the latter's refusal to allow NLB to adjust the amount of VAT paid following the conclusion of two lease agreements. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Lithuania to stand trial for supplying 0.38g of cannabis for about £7.50. The Administrative Court, in dismissing the appeal, held that it was impossible to say that the judge had been wrong in his conclusions that extradition would not be incompatible with the appellant's rights under the European Convention on Human Rights and would not be disproportionate. 

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. 

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling, deciding that the notion of 'natural mineral water from one and the same spring' contained in art 8(2) of Directive (EC) 2009/54 had to be interpreted as referring to a natural mineral water that was drawn from one or more natural or bore exits, and which originated in one and the same underground water table or in one and the same underground deposit, where, at all those natural or bore exits, that water had identical characteristics, pursuant to the criteria specified in Annex I to the Directive, that remained stable within the limits of natural fluctuation. 

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. 

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.