Latest Cases

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. 

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. 

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. 

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. 

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. 

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. 

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. 

Practice – Striking out. The claimant Bangladeshi company had, until 2013, supplied garments to a number of major western retailers, including Primark. Following the collapse of a factory building in Bangladesh, in which one thousand people were killed, Primark and other retailers with manufacturing links to Bangladesh formed an accord (the accord) on fire and building safety in Bangladesh. Following concerns about the safety of the claimant's factory, Primark withdrew its outstanding contracts with the claimant. The claimant brought a claim for damages for alleged defamatory statements published by Primark and the accord. The first and third defendants applied for the claim to be struck out as an abuse of process. The Queen's Bench Division struck out the claim where there was no realistic prospect of a trial yielding any tangible or legitimate advantage such as to outweigh the disadvantages for the parties in terms of expense, and the wider public in terms of court resources. 

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 – 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.