Latest Cases

European Union – Rules on competition. On the application by FSL Holdings and other companies (the applicants) for annulment of Commission Decision C(2011) 7273 final of 12 October 2011 (the contested decision) relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union (TFEU), and, in the alternative, for a reduction in the fine, the General Court of the European Union: (i) partially annulled the contested decision relating to a proceeding under art 101 TFEU in so far as it referred to a certain period; and (ii) reduced the fine imposed on the applicants from €8,919,000 to €6,689,000. 

Employment – Discrimination. The claimant employees brought a test claim before the employment tribunal, contending that members of the black and minority ethnic group and those over the age of 35 suffered indirect discrimination in that they were more likely to fail an assessment leading to eligibility for promotion. The Court of Appeal, Civil Division, in allowing the employer's appeal, held that the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the hurdle in s 19(2)(b) of the Equality Act 2010 and that each claimant had to also prove that he had suffered the same disadvantage for the purposes of surmounting the hurdle in s 19(2)(c) of the Act. 

Town and country planning – Permission for development. The claimant had unsuccessfully sought judicial review of the defendant local authority's decision to remove a planning condition limiting the hours of operation of a multi-use games area. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that there was no material difference between the local policy in respect of noise, which had been considered by the authority, and the National Planning Policy Framework, which had not. 

Insurance – Indemnity insurance. The defendant insurance company, Zurich, refused to indemnify the claimant after an individual suffered a serious injury when using a gun to attach wire together. The Commercial Court held that the refusal to indemnify had been mistaken and that Zurich was obliged to indemnify under the policy. 

Family proceedings – Orders in family proceedings. The applicants applied for a parental order in relation to a child, A, who had been born in South Africa following a surrogacy arrangement. The Family Division, in making a parental order, held that the criteria in s 54 of the Human Fertilisation and Embryology Act 2008 had been met. Further, it was clearly in A's lifelong interests that there was consistency as to her legal status in relation to those who cared for her across the relevant jurisdictions where she was likely to live, and that could only be achieved in the present jurisdiction by the court making the order sought. 

Firearms – Possession of firearm without a certificate. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against his conviction for possessing a firearm without a firearm certificate contrary to s 1(10(a) of the Firearms Act 1968, in circumstances where the defendant had been in possession of two flash eliminators but not in possession of any prohibited weapon or firearm. The court held that, on the evidence, the proviso at the end of s 57 of the Act, which envisaged an item being an accessory to something which was not a controlled firearm, had not arisen. 

European Union – Workers. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 39(2) EC should be interpreted as not precluding a member state, for the purposes of charging income tax on a non-resident worker who had pursued his occupational activity in that member state during part of the year, from refusing to grant that worker a tax advantage which took account of his personal and family circumstances, on the basis that, although he had received, in that member state, all or almost all his income from that period, that income did not form the major part of his taxable income for the entire year in question. 

Natural justice – Duty to act fairly. The claimants sought judicial review of the decision of the recorder of the defendant county court, finding them parties to fraud in a case in which they were not parties. The Divisional Court, in allowing the application, held that the claimants should have applied to be joined to the proceedings and for the judgment to be altered. If refused, they could have advanced the same objections by way of an appeal. However, the court had jurisdiction and would not refuse to hear the claims because of a theoretical alternative remedy. The recorder had behaved unfairly in having found the claimants had been involved in fraud and dishonesty. 

European Union – Consumer protection. The General Court of the European Union dismissed the action brought by the Health Food Manufacturers' Association and other companies for annulment of Commission Regulation (EU) No 432/2012 (establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health), and the alleged decision of the European Commission adopting a list of 'on-hold' health claims. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda (Infocit) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) concerning opposition proceedings between DIN — Deutsches Institut für Normung eV and Infocit regarding the application by the latter company for registration of the word sign 'DINKOOL' as a Community trade mark.