Latest Cases

National Health Service – England. The claimant unsuccessful asylum seeker sought judicial review of provisions of the National Health Services (Charges to Overseas Visitors) Regulations 2001, SI 2011/1556, on the basis that they gave rise to unlawful disability discrimination and had breached the public sector equality duty. The Administrative Court held that the Regulations had not failed the test of being manifestly without reasonable foundation, as the Secretary of State had justified the discrimination. However, the Secretary of State had not had due regard to the need to promote equality of opportunity for disabled people. 

Criminal law – Grievous bodily harm. The defendant had been convicted of violent disorder (count 1), manslaughter (count 2) and wounding with intent pursuant to s 18 of the Offences Against the Person Act 1861 (count 4), following a violent attack by a group of youths, in which a man was seriously injured and his son was killed. The Court of Appeal, Criminal Division, allowed the defendant's appeal against conviction on count 4 and substituted it for a conviction for unlawful wounding pursuant to s 20 of the Act. His sentence for the s 18 offence was quashed and substituted for a sentence of four-and-a half years' detention in respect of the s 20 offence. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed a mother's appeal against an order that she pay the father's costs in respect of all applications relating to the children since May 2012 and held that it had been wrong in principle and on the facts for the judge to have made an order for costs against her. 

Specific performance – Uncertainty as to terms. The claimant company, 118, made an agreement with the defendant company, IDS, whereby IDS was permitted to use data supplied by 118. 118 became concerned that IDS was misusing the data. 118 made an application for specific performance in which it sought, among other things, to enter IDS's premises and examine commercially sensitive information. The Chancery Division, in dismissing the application, held that 118 had not shown a sufficiently clear case that it was entitled to enter for the purposes for which it wished to enter, nor as to what it was allowed to do once it had entered. 

Trade mark – Infringement. The activities of the defendant, Marks and Spencer plc, which gave rise to the proceedings concerned the display on the internet of their advertisements in response to the entry into the Google search engine by internet users of search terms consisting of or comprising the word 'interflora' or minor variants of it. The judge gave judgment for the claimants on their claim for infringement of their national and Community registered trade marks for the word 'interflora'. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, inter alia, that the judge had wrongly held that the onus lay on the third party advertiser to show that the use of the sign in context was sufficiently clear. 

European Union – Common agricultural policy. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation and validity of art 18(2) of Commission Regulation (EC) 795/2004 (laying down detailed rules for the implementation of the single payment scheme provided for in Regulation (EC) 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers), as amended. The request had been made in an appeal brought by Mr Feakins against a decision of the Scottish Ministers concerning the determination of the reference amount for calculating his single payment entitlements under Council Regulation (EC) 1782/2003. 

Mental health – Court of Protection. PC executed an Lasting Power of Attorney in favour of her two sons JC and AC. JC conceded that he had intermingled his mother's money with his own but also with his company's funds. AC had also benefited by such behaviour. The Court of Protection General Visitor indicated that PC lacked capacity to revoke the LPA herself. The Public Guardian applied for the court to revoke the LPA. The Court of Protection allowed the application and a member of the panel of deputies was to apply to be appointed as PC's deputy for property. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Vans, inc.,(Vans) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market concerning the application by Vans for registration as a Community trade mark of a figurative sign representing a wavy line. 

Contempt of court – Committal. The claimants brought a contractual claim against the defendants, alleging, among other things, asset stripping. The claimants applied for an order that the fourth, fifth and sixth defendants be committed to prison for civil contempt of court for breach of a worldwide freezing order, alleging their failure to provide adequate disclosure of documents and information in accordance with the freezing order and order continuing it. The Commercial Court held that, on the facts, contempt had been proved against some, but not all defendants. 

Employment – Sex discrimination. The employee brought a claim for indirect sex discrimination. The question arose as to whether the employment tribunal had correctly construed a reference to the phrase 'power to afford access' in s 56(5) of the Equality Act 2010. The Employment Appeal Tribunal held that, on the evidence, the tribunal had not erred, and the narrow construction sought by the employee would deprive the phrase of any real meaning, which could not have been Parliament's intention.