Latest Cases

Criminal law – Obstructing constable in execution of duty. The appellant appealed by way of case stated against his conviction for resisting an officer in the execution of his duty. The Administrative Court, in dismissing the appeal, held that there had been sufficient evidence for the justices to have found that consent had been given for the officer to enter the property on the first occasion. That consent had still been effective when the officer had re-entered the premises, pursuant to and within the scope of that permission. Further, the consent had not been terminated by words used by the appellant. 

Will – Construction. A will had been made which left a gift of the deceased's unused nil-rate band for inheritance tax purposes to her family with the residuary left to the defendant charity. The executors successfully claimed under s 8A(3) of the Inheritance Tax Act 1984 for the surviving spouse increase in the nil-rate band. A dispute arose between the executors and the family as to whether, under the terms of the will, the increased nil-rate band increased the value of the legacy to the family. The judge gave an interpretation of the relevant clause of the will that favoured the family. The Court of Appeal, Civil Division, dismissed the charity's appeal as, on the true construction of the will together with s 8A(3), the increase in the nil-rate band had resulted in an increase in the size of the gift to the family. 

European union – Regulation. The General Court of the European Union granted the application (in joined Cases T-208/11 and T-508/11) by the Liberation Tigers of Tamil Eelam for annulment of eight Council Implementing Regulations, implementing art 2(3) of Regulation (EC) 2580/2001 (on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 610/2010), in so far as those measures applied to the applicant. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Germany to stand trial for seven acquisitive offences on the basis that his daughter, born after his extradition was ordered, had been diagnosed with very serious health problems. The Administrative Court, in allowing the appeal, held that, the present was one of those very rare cases where extradition could properly be avoided, given the absolute disastrous effect on his family if the appeal was to be dismissed. 

European Union – Trade marks. The Court of Justice of the European Union dismissed an action brought by Junited Autoglas Deutschland GmbH & Co. KG (Junited) for annulment of a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Belron Hungary Kft - Zug Branch and Junited, regarding the application by Junited for registration of the word sign 'United Autoglas' as a Community trade mark. 

Criminal law – Trial. The Court of Appeal, Criminal Division, dismissed an appeal against conviction where the trial judge had refused to stay the proceedings in circumstances where the defendant had already been convicted and sentenced for lesser offences arising out of the same facts. The court held that there had been special circumstances which required that the prosecution continued. An appeal against sentence was allowed. 

European Union – Freedom of movement. The Court of Justice of the European Union dismissed the application by the European Parliament for the annulment of Commission Implementing Decision 2012/733/EU (the contested decision), implementing Regulation (EU) No 492/2011 of the European Parliament and of the Council as regards the clearance of vacancies and applications for employment and the re-establishment of the European Employment Services (EURES). In the light of the relevant considerations, that decision complied with the general aims of Regulation 492/2011 and the European Commission had not exceeded its implementing power. 

Medical practitioner – Professional misconduct. The appellant was placed on the Protection of Children and Vulnerable Adults lists. The Administrative Court, in granting an application for judicial review of the Upper Tribunal's (Administrative Appeals Chamber) (UT) initial decision not to grant permission to appeal, held that the failure by the First Tier Tribunal (Health Education and Social Care Chamber) to consider the evidence of a witness was a serious procedural irregularity. The matter was remitted to the UT which dismissed the appeal. The Court of Appeal, Civil Division, in allowing the appeal, held that the UT had been bound by the finding of the Administrative Court and remitted the matter for reconsideration. 

Town and country planning – Development. During the development of land, an issue arose as to the proper classification of a number of residential units. The Chancery Division held that, giving the words of the contract their ordinary English meaning, the planning permission permitted altogether in aggregate 75 units of residential accommodation. 

Trade mark – Removal from register. Following proceedings brought by Specsavers opticians alleging infringement of its registered trade mark, the judge revoked the wordless version of the Specsavers logo that comprised two overlapping ovals. The Court of Appeal, Civil Division, in hearing the appeal, referred a number of questions to the Court of Justice of the European Union regarding the interpretation of arts 9, 15 and 51 of Council Regulation (EC) 207/2009 (on the Community trade mark). Judgment on the preliminary reference having been given, the court found that, in the unusual circumstances of the case, the judge had erred in ordering revocation of the trade mark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods and services and that consumers perceived the wordless mark as being indicative of the origin of the goods and services.