Latest Cases

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. 

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 – Contract. The Court of Justice of the European Union ruled that art 1(4) of the Directive (EC) 2001/84 (on the resale right for the benefit of the author of an original work of art) should be interpreted as not precluding the person by whom the resale royalty was payable, designated as such by national law, whether that was the seller or an art market professional involved in the transaction, from agreeing with any other person, including the buyer, that that other person would definitively bear, in whole or in part, the cost of the royalty, provided that a contractual arrangement of that kind did not affect the obligations and liability which the person by whom the royalty was payable had towards the author. 

European Union – Employment. The Court of Justice of the European Union made a ruling concerning the interpretation of arts 2(2)(a) and 6(1) of Council Directive (EC) 2000/78 (establishing a general framework for equal treatment in employment and occupation). The request had been made in proceedings between Ingeniørforeningen i Danmark, acting for Mr Landin, and Tekniq, acting for ENCO A/S — VVS, concerning the Tekniq's rejection of Mr Landin's claim for severance allowance. 

Practice – Pre-trial or post-judgment relief. In a libel action due to start, the defendant in a pre-trial review sought various orders. The Queen's Bench Division held that the trial due to start was to be confined to the issues of meaning and qualified privilege. Directions as to the remaining issues, if any, could be given as required after those issues had been tried. 

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. 

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. 

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.