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. 

European Union – Freedom of movement. The Secretary of State had decided to expel three European Union citizens from the United Kingdom on the ground that their conduct had represented a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. The Upper Tribunal (Immigration and Asylum Chamber) allowed their appeals on the basis that there would be a better prospect of them being rehabilitated if they remained in the UK. The Court of Appeal, Civil Division, allowed the Secretary of State's appeals in the circumstances of each case, but held that, in considering whether an individual was to be expelled, the prospect of rehabilitation was relevant, even if the individual did not have a permanent right of residence. 

Public procurement – Public contracts. The respondent health provider brought proceedings, challenging the tendering process used by the applicant local authority. A statutory suspension was placed on the placing of the contract. The authority applied to lift the suspension. The Technology and Construction Court, in allowing the application, held that damages would be an adequate remedy and that the balance of convenience rested in favour of the suspension being lifted. 

Practice – Civil litigation. The claimant social housing provider's possession proceedings against the claimant tenant were dismissed for its failure to attend a directions hearing. The judge subsequently granted relief from sanctions, pursuant to CPR 3.9, and the defendant appealed. The Queen's Bench Division, in dismissing the appeal, held that, although the balance had been a fine one, the judge had been entitled, in the exercise of his discretion, to conclude that the just outcome of the application had been to grant relief. 

European Union – Environment. The Court of Justice of the European Union ruled that art 10 of Directive (EC) 2003/87 of the European Parliament and of the Council (establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive (EC) 96/61) should be interpreted as precluding the imposition of a gift tax such as that at issue in the main proceedings if it did not respect the 10% ceiling on the allocation of emission allowances for consideration laid down in that article, which was a matter for the referring court to determine. 

Criminal evidence – Identity. The Court of Appeal, Criminal Division, allowed an appeal by a defendant convicted of robbery, in circumstances where fresh photographic evidence had cast doubt on the victim's identification evidence. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Bayer Intellectual Property GmbH (Bayer) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Interhygiene GmbH and Bayer regarding the application by Bayer for registration of the word sign 'INTERFACE' as a Community trade mark. 

Sentence – Imprisonment. The offender pleaded guilty on the second day of his trial to two counts of vaginal rape (counts 6 and 9) and one count of putting a person in fear of violence by harassment. The counts related to three separate women each of whom had had a relationship with the offender. The Court of Appeal, Criminal Division held that, in the circumstances, a total sentence of 9 years' imprisonment had been unduly lenient and increased the total sentence to one of 12 years' imprisonment. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Costa Crociere SpA (Costa) 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 Guerlain SA and Costa regarding the application by Costa for registration of the word sign 'SAMSARA' as a Community trade mark. 

Personal Injury: Quantum Case. Clinical negligence. The claimant received £7,123 in general damages following an approved infant settlement after she suffered extravasation of the foot causing tissue necrosis, due to an improperly inserted cannula. The claimant spent ten days in hospital and required dressing changes for three weeks. The claimant also underwent a skin graft procedure. She would require further surgical procedures for surgical release, skin grafting and scar management. The claimant also suffered from scarring on her foot and pigment alteration on her thigh as a result of skin graft.