Latest Cases

Employment tribunal – Procedure. The appellants appealed to the Employment Appeal Tribunal (EAT) against the refusal by the employment tribunal to include them within the terms of a permanent Restricted Reporting Order (RRO) made in relation to and following the tribunal's determination of claims made by the first respondent. The EAT decided that the tribunal had misdirected itself in law, taken into account irrelevant factors and had omitted relevant factors in refusing the appellants' applications for an extended RRO. Consequently, in exercise of powers under s 35(1)(a) of the Employment Tribunals Act 1996, an extended RRO would be made in the terms of the third confidential Annex to the skeleton argument on behalf of the appellants for the appeal before the EAT. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of the principles of proportionality and fiscal neutrality and of arts 9, 193, 199, 206, 250 and 252 of Council Directive (EC) 2006/112 (on the common system of value added tax). The request had been made in proceedings between Mr Macikowski, a court enforcement officer, and the Polish Director of the Tax Chamber, Gdańsk, concerning the failure to pay in due time the VAT payable in respect of the sale of immovable property effected through enforcement. 

Mental health – Court of Protection. L was 93 and had severe dementia and Alzheimer's disease. Care and safety arrangements had been made for her by her daughters. The Court of Protection considered whether, among other things, the care arrangements for L amounted to a deprivation of her liberty. The court held that, on the evidence, there had been no deprivation of L's liberty. 

Mental health – Court of Protection. The Court of Protection considered whether the respondent, MP, should be allowed to remain as his partner's deputy. The court held that, on the evidence, MP had behaved in a way that had contravened the authority conferred on him. The order revoking his appointment as a deputy would be confirmed, and a panel deputy would be appointed in his place. 

European Union – Copyright. The Court of Justice of the European Union ruled that art 3(2) of Directive (EC) 2001/29 of the European Parliament and of the Council should be interpreted as not precluding national legislation extending the exclusive right of the broadcasting organisations referred to in art 3(2)(d) as regards acts of communication to the public which broadcasts of sporting fixtures made live on internet, such as those at issue in the main proceedings, could constitute, provided that such an extension did not undermine the protection of copyright. 

Passing off – Descriptive name. B, who held a single share in the defendant company, Poleplus, registered domain names referring to the claimant company, which manufactured a similar product to that produced by Poleplus. In an earlier judgment, it was held that registration of the domain names had constituted passing off, including the creation of instruments of fraud. The Intellectual Property Enterprise Court held that, on the evidence, Poleplus was jointly liable with B, as it had been vicariously liable for B's acts, and the registrations had been done by B while acting as its agent. 

Solicitor – Disciplinary proceedings. The appellant solicitor appealed against the decision of the Solicitors Disciplinary Tribunal (the SDT), finding a number of allegations against him proved and ordering that he should be struck off the roll of solicitors. The Administrative Court, in dismissing the appeal, held that, in refusing to adjourn the proceedings and proceeding in the appellant's absence, the SDT had wrongly rejected medical evidence on the basis that it had not been a reasoned opinion which had answered all relevant questions. However, the evidence had justified the SDT having taken the view that the appellant had decided that he would only attend on his own terms, namely, when he could instruct lawyers to represent him. 

Divorce – Appeal. In a divorce and financial contribution case, the husband sought to rely on: (a) a post-nuptial agreement; (b) his special contribution to the assets to regulate the amount payable to his wife of 20 years. The Family Division held that fairness and an overall appraisal of the s 25 factors required, in the case, an equal division of the assets and the final outcome had to achieve that effect. 

Criminal law – Misconduct in public office. The defendants appealed against convictions for misconduct in public office, and conspiracy to commit, and aiding and abetting that offence. The Court of Appeal, Criminal Division, held that the jury had to be directed to determine whether the defendants' conduct had had the effect of harming the public interest as a step in deciding whether the conduct had been so serious as to amount to an abuse of the public's trust. As that had not been properly explained to the jury with respect to three defendants, their convictions would be quashed. Further guidance was given on directions for the secondary offences. 

Human Rights – Slavery or servitude, prohibition of. The claimant issued judicial review proceedings, seeking a declaration and damages for the defendant Secretary of State's alleged breach of art 4 of the European Convention on Human Rights by her failure to report to the police that the claimant had been trafficked. The Administrative Court, in dismissing the application, held that, by reporting the matter to the police, albeit slightly later than she might have done, the Secretary of State had complied with her positive duty to instigate a prompt and effective police investigation.