Latest Cases

Tort – Assault and battery. There was a claim before the court arising out of the serious injuries suffered by the claimant as a result of an incident where the claimant was thrown from the bonnet of a moving car driven by the first defendant. The first defendant had then fled the scene. The Queen's Bench Division allowed the claim finding that on the evidence, the claimant had proved that he had been injured by the first defendant's deliberate acts in first driving a very short distance towards him and causing him to end up on the bonnet, then secondly carrying him on the bonnet backwards and forwards and finally steering the car causing him to be thrown off the bonnet. 

Criminal evidence – Admissibility of evidence – Powers of search. High Court of Justiciary: Refusing appeals by two appellants who were indicted on a charge of being concerned in the supply of cannabis, and whose preliminary pleas objecting to the admission of evidence as to the finding of bars of cannabis resin in their car were repelled by the sheriff, the court held that the sheriff correctly found the search to have been unlawful because the police officers considered that they were acting under a power conferred by s 14 of the Criminal Procedure (Scotland) Act 1995, when that section conferred no such power, and that the sheriff was entitled to conclude that that illegality or irregularity could be excused. 

Trade mark – Infringement. Following a judgment in the main proceedings, in which it had been held that a claim for infringement of the claimant's trade mark had been made out with regard to the defendants' acts within the United Kingdom, the Chancery Division held that an injunction would be granted in general form to restring the infringement, and that the remedies would be confined to the UK and would not extend throughout the European Union. 

Town and country planning – Planning authority. The claimant developer applied, under s 113 of the Planning and Compulsory Purchase Act 2004, to quash and, alternatively, remit to the defendant local planning authority, parts of its development plan. The Planning Court, in dismissing the application, held that the inspector had been entitled, on the evidence, to find that the full housing need of the authority had been objectively assessed in accordance with the National Planning Policy Framework and the National Planning Policy Guidance. Further, the authority and the inspector had considered market signals and other market indicators, as they had been required to do by national guidance. 

Family proceedings – Orders in family proceedings. The proceedings concerned an eight month old baby, A. The local authority contended that A should be placed in the care of her maternal grandmother, who was already looking after her older sister, and the children's guardian contended that she should be adopted. The Family Court held that the evidence in the present case did not achieve the level of cogency that would be required to justify the ultimate conclusion that there was no alternative to adoption. Having taken all factors into account, the better outcome for A was to be placed with her grandmother. 

European Union – Value Added Tax. The Court of Justice of the European Union gave a preliminary ruling, deciding that the Portuguese special procedure applicable to abusive practices in the field of taxation was applicable to VAT, provided that the EU principles of effectiveness and equivalence were not breached. 

Immigration – Asylum/humanitarian protection – Fresh claim. Court of Session: In judicial review proceedings by a failed Pakistani asylum seeker, who challenged a decision that his further submissions did not amount to fresh claim, the court pronounced an order reducing the decision letter complained of, holding that the respondent had failed to satisfy the requirement of anxious scrutiny and it had not been demonstrated on her behalf that the petitioner would inevitably fail before any further adjudicator. 

Local authority – Social services. The claimant sought judicial review of the defendant local authority's policy on charging for adult non-accommodation care services on the basis that it was inconsistent with the Secretary of State's guidance. The Administrative Court, in allowing the application, held that, as written, the authority's policy was in conflict with the guidance, but even on the most generous interpretation, the policy was entirely unclear. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Pangyrus Ltd (Pangyrus), established in York (United Kingdom), for annulment of the decision of the Fourth Board of Appeal for the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between RSVP Design Ltd, established in Brookfield (United Kingdom) and Pangyrus, regarding the application by Pangyrus for registration of the word sign 'COLOURBLIND' as a Community trade mark. 

Practice – Summary judgment. The claimant bank applied for summary judgment in connection with actions raising issues of contractual construction relating to sums payable following the termination of ISDA master agreements. The Commercial Court decided the points of construction in the claimant's favour. There were no other compelling reasons why the matter should proceed to trial, and the claimant would be entitled to summary judgment.