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. 

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. 

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. 

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. 

Costs – Order for costs. In the claimant's appeal, the parties agreed that the only remaining issue was costs. The claimant accepted, for the purposes of the appeal, that the court could not make an order for costs on the appeal unless it decided that the defendant's behaviour had been unreasonable or it re-allocated the claim from the small claims track to the multi-track. The Court of Appeal, Civil Division, held that there was nothing unreasonable about the defendant's behaviour and that it was not appropriate to re-allocate the claim to the multi-track or make a costs order against the defendant. 

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 – 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. 

Landlord and tenant – Lease. The lessors leased a property in France to the lessees. A dispute arose and the lessors sought an order for the appointment of an arbitrator. The lessees sought relief on the basis that there was no valid and relevant arbitration agreement. The Chancery Division, in dismissing both applications, held that the court lacked the power to make an order for the appointment of an arbitrator, and that the relief sought by the lessees was pointless and ought not to be granted. 

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.