Latest Cases

Immigration – Leave to remain. The claimant family of Afghani nationals, including five children, sought judicial review of the defendant Secretary of State's grant of discretionary leave to remain, rather than indefinite leave to remain. They contended that the Secretary of State had unlawfully failed to consider s 55 of the Borders, Citizenship and Immigration Act 2009. The Administrative Court, in dismissing the application, held that, although the Secretary of State's decision had been unlawful, it was not remotely likely that a different approach would have been taken if s 55 of the Act had been considered and the Secretary of State's error had not been material. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Poland to serve sentences for driving while disqualified. The Administrative Court, in allowing the appeal, held that insufficient particulars had been given in the first European arrest warrant (EAW) to meet the relevant statutory requirements and, consequently, the appellant fell to be discharged in relation to that warrant. With respect to the second EAW, it was impossible to say that the appellant had left Poland deliberately to avoid the consequences of that sentence and it seemed disproportionate to require him to be extradited to face the consequences of the particular sentence in question. 

Family proceedings – Orders in family proceedings. Following the death of a child, the local authority made an application for a care and supervision in relation to the other child of the family. In the application, the local authority sought findings that the dead child had sustained non-accidental injuries at the hands of the father. The Family Division held that the threshold criteria under s 31 of the Children Act 1989 had been made out nevertheless the living child should be returned to the care of the mother with the possibility of making of a supervision order. 

Public procurement – Competitive tendering procedure – 'Extreme urgency' exception – Damages. Court of Session: In an action in which the pursuer claimed that the defenders breached public procurement law by failing to hold a competitive tendering procedure when, between January 2010 and March 2011 they bought de-icing salt for gritting roads during severe winters, but not from the pursuer, the court held that the criteria for the application of the 'extreme urgency' exception in the Public Contracts (Scotland) Regulations 2006 were satisfied in the first winter (2009/2010) but not in the second (2010/2011), but that the pursuer had failed to prove any loss. 

Contract – Breach. The claimant companies brought proceedings against the defendant companies, contending that the defendants had purchased products from a competitor of the first claimant, Globe, in breach of an agreement. The Commercial Court held that Globe's claim for breach of contract would succeed, while a claim for negligent misstatement would fail, owing to a lack of duty of care owed to Globe by the defendants. 

Immigration – Leave to remain. The proceedings concerned individuals who had unsuccessfully claimed asylum in the United Kingdom and whose cases had been referred to the 'legacy' programme. The Court of Appeal, Civil Division, held that there was no obligation, in the form of a commitment, on the part of the Secretary of State to 'conclude' cases that fell within the legacy programme that related to asylum cases, either by the grant of leave to remain or by effecting removal of the applicant from the UK. The various applications and appeal in respect of judicial review were all refused. 

European Union – Freedom of movement. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 18 of the Treaty of the Functioning of the European Union (TFEU), of point (a) of the first sub-paragraph, and the second sub-paragraph, of art 20(2) TFEU, of arts 4 and 70 of Regulation (EC) 883/2004 (on the coordination of social security systems), as amended, and of art 24(2) of Directive (EC) 2004/38 (on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States), amending Regulation (EEC) 1612/68 and repealing various other directives. The request had been made in proceedings brought by Ms Dano and her son against Jobcenter Leipzig concerning the latter's refusal to grant them benefits by way of basic provision that were envisaged by German legislation. 

Trade mark – Infringement. The proceedings concerned the use of the words 'Ideal Home' as, or as part of, a trade mark for online mail order retailing services. The judge dismissed the claim brought by the claimant, IPC, against the defendant, Media 10, for infringement of its registered trade mark and dismissed Media 10's counterclaim for rectification of the register. The Court of Appeal, Civil Division, dismissed both IPC's appeal and Media 10's cross-appeal. It held that the judge had been entitled to reject the claim for infringement of the registered trade mark and that Media 10 had wholly failed to establish that normal and fair use of the mark by IPC, in relation to online retail services, could ever have been prevented by an action for passing off. 

Company – Scheme of arrangement. An application was made to the Companies Court for the approval of an insurance business transfer scheme under which the long-term insurance business of Prudential Annuities Ltd was to transferred to the Prudential Assurance Company Ltd. The court held that, on the evidence, the scheme would be sanctioned. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Volvo Trademark Holding AB against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), concerning opposition proceedings between Volvo Trademark Holding AB and Hebei Aulion Heavy Industries Co., Ltd.,(Hebei) regarding the application by Hebei for registration of a figurative sign 'LOVOL' in black letters as a Community trade mark.