Latest Cases

European Union – Freedom of movement. The Court of Justice of the European Union ruled that legislation of a member state which did not permit a non-resident taxpayer who had received in that state commercial income generated by shares in a business which had been transferred to him by a relative in the course of a gift by way of anticipated succession to deduct from that income the annuities which he had paid to that relative in consideration for that gift, whereas that legislation allowed a resident taxpayer to make such a deduction, infringed the principle of free movement of capital, contrary to art 63 of the Treaty on the Functioning of the European Union. 

Personal Injury: Quantum Case. Clinical negligence. The claimant received £6,805 by way of settlement following an incomplete root canal treatment and files left in the tooth following the root canal treatment. The claimant suffered recurrent infections of UL5 for approximately a year and the tooth was subsequently extracted. Following extraction the symptoms stopped, though the claimant would require remedial work to compensate for the loss of UL5. 

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. 

Libel and slander – Damages. In a libel action brought against the defendant publisher of a free magazine by the claimant. The Queen's Bench Division held that none of the defences had been made out and that the claimant was entitled to an award of £50,000 in general damages. 

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 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. 

European Union – Fishing rights. The appeal concerned the allocation of fishing quotas pursuant to the Common Fisheries Policy of the European Union. In dismissing the appeal, the Court of Appeal, Criminal Division, the judge's unappealed conclusion that there had been no discrimination and no breach of the equality principle was in effect, in the circumstances, dispositive on the issue on appeal. 

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 – Trade marks. The General Court of the European Union dismissed the action brought by LS Fashion LLC (LS) 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 Gestión de Activos Isorana, SL and LS regarding the application by LS for registration of the word sign 'L'Wren Scott' as a Community trade mark.