Latest Cases

European Union – Trade marks. The General Court of the European Union allowed the action brought by FSA Srl (FSA) for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to invalidity proceedings between Motokit Veículos e Acessórios, SA, and FSA, concerning the application by FSA for registration of a word sign 'FSA K-FORCE' as a Community trade mark. 

European Union – EU Institutions. The United Kingdom brought an action before the General Court of the European Union for annulment of the Eurosystem Oversight Policy Framework (the Policy Framework) published by the European Central Bank on 5 July 2011, in so far as it set a location requirement applicable to central counterparties (CCPs) established in member states that were not party to the Eurosystem. The General Court allowed the UK's action and annulled the Policy Framework, deciding that the ECB did not have the competence necessary to regulate the activity of securities clearing systems including CCPs. 

Immigration – Asylum seeker. The respondent, a Jamaican national, came to the United Kingdom and claimed asylum on the grounds of his risk of persecution in Jamaica due to the fact that he was a homosexual. He was detained pending a decision on removal, under a fast-tracking procedure, as Jamaica was on a list of states designated under s 94(4) of the Nationality, Immigration and Asylum Act 2002. He applied for judicial review of the Secretary of State's decision to include Jamaica in the designated list. A deputy judge dismissed the application. The Court of Appeal, Civil Division, allowed the claimant's appeal. The Supreme Court, in dismissing the Secretary of State's appeal, held that, on its true construction, s 94(5) of the Act referred to countries, or parts of countries, where its citizens were free from any serious risk of systematic persecution, either by the state itself or by non-state agents which the state was unable or unwilling to control. 

Practice – Hearing. The defendant Secretary of State filed a statement of reasons in which she asserted that all of the conditions specified in s 6 of the Justice and Security Act 2013 for the making of a declaration permitting closed material applications were met. The Administrative Court, in allowing the application, held that, as the function of the court was a step removed from any proceedings which could properly be characterised as a criminal cause or matter, all of the statutory criteria in s 6 of the Act for the making of such a declaration had been met. 

Evidence – Foreign tribunal. The claimant faced a number of counts of conspiracy in New York relating to terrorist attacks in the 1990s, in particular, the bombing of the United States embassies in Kenya and Tanzania. The defendant Secretary of State refused to accede to letters rogatory issued by the New York judge, seeking intelligence material said to be held by the Security Service relating to the claimant on the grounds of national security. The Divisional Court, in dismissing the claimant's application for judicial review, held that the Secretary of State's refusal to accede to the letters rogatory had been lawful. 

Sunday – Dies non juridicus. The applicant city council applied to strike out the respondent parish council's claim to quash its development plan document. The Administrative Court, in dismissing the application, held that, as the last day of the six week period for making the claim, under s 113(4) of the Planning and Compulsory Purchase Act 2004, had fallen on a Sunday, the six-week period was to be treated as expiring on the next day when the court office had been open. Accordingly, the claim had been brought within time. 

Sentence – Custodial sentence. The applicant serving prisoner complained, under art 5(1) of the European Convention on Human Rights, about the delay in the authorities allowing him access to a sex offender treatment programme. The European Court of Human Rights, in dismissing the application, held that a real opportunity for rehabilitation had been provided to the applicant and there had been no unreasonable delay in providing him access to courses. 

Shipping – Bill of lading. In a shipping dispute, the Commercial Court considered two preliminary issues. It held that, on the evidence, the first claimant was to be regarded as the owner of the goods in question from the date of the receipt of the bill of lading, and that the claimants had suffered any loss as a result of the alleged damage. 

Solicitor – Solicitor and client. The claimant sought damages against the defendant firm of solicitors, which had acted for him in the proposed purchase of a property in 2010. The proposed vendor did not complete and was subsequently made bankrupt, and the claimant lost his deposit. The claimant submitted that, having advised of the risk of insolvency, the solicitor who had advised him had had a duty to take steps to explore the extent of that risk, by making searches that would have revealed the existence of the bankruptcy petition. The Chancery Division, in dismissing the claim, held that the solicitor had not been under any duty to make the suggested searches prior to exchange of contracts. The risks had been adequately explained to a person of the claimant's experience and he had, in fact, understood the advice he had been given. 

Personal Injury: Quantum Case. Clinical negligence. The claimant received £13,192.99 in general damages following a settlement when she suffered a posterior capsular rupture with vitreous loss. The claimant had approximately one year of blurred vision in the eye, extended period of floaters, a fat cigar in the visual field as well as 18 months of inflammation in the eye and the requirement for an additional surgical procedure. She was likely to need to use drops on and off for the rest of her life.