Latest Cases

Immigration – Expulsion – Judicial review – Competency Court of Session: Refusing as incompetent a judicial review petition challenging decisions that the petitioner was liable to be removed from the UK and to issue directions for his removal, the court held that there existed an alternative statutory remedy by which the question sought to be raised in the proceedings could have been decided, the petitioner had not availed himself of the statutory procedure, and there were no special or exceptional circumstances. 

Parent and child – Child protection. Sheriff Court: In applications by the Principal Reporter for determinations that a 'Schedule 1 offence' had been committed in respect of a child CN, and that her twin sister KN was, or was likely to become, a member of the same household, the court held that the statutory offence of wilful neglect and the common law offences of cruel and unnatural treatment of persons and reckless conduct causing actual injury had been committed in respect of CN, but that the ground in respect of KN had not been established. 

European Union – Workers. The Court of Justice of the European Union gave a preliminary ruling on the interpretation of art 41(1) of the Additional Protocol, concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 and annexed to the Association Agreement, and art 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the association. The request had been made in proceedings between the applicant and the respondent concerning a fine imposed on the applicant for having had works carried out by nationals of non-member states without those workers having been issued with a work permit. 

Value added tax – Exemptions. The Upper Tribunal (Tax and Chancery Chamber) in allowing the Revenue and Customs Commissioners' appeal, held that the conclusion of the First-tier Tribunal (Tax Chamber) that, 'Spot the Ball' was a 'game of chance' for the purposes of Sch 5 to the Finance Act 1972, had not been one that was open to it on a proper understanding of the law. 

European Union – Trade marks. The applicant sought the annulment of a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), finding that there was no likelihood of confusion between the trade marks in issue. The General Court of the European Union, in allowing the action, held that, having regard to the products in question, the overall impression produced by the marks at issue ought to have led the Board to conclude that there had been a likelihood of confusion between the marks on the part of the relevant public. 

Personal Injury: Quantum Case. Sport/Leisure/Holiday. The claimant was awarded £1,700 in general damages. He suffered from gastroenteritis, including stomach cramps, diarrhoea, vomiting, headaches, nausea and sweats, during and following a stay at a hotel booked through the defendant. The claimant's symptoms resolved after two-and-a-half weeks. 

European Union – Trade marks. The General Court of the European Union annulled in part the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) relating to opposition proceedings between the applicant and the intervener concerning registration of the figurative sign 'nuna' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by The Polo/Lauren Company, LP (Polo/Lauren), established in London (United Kingdom), against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Polo/Lauren and FreshSide Ltd concerning the application by FreshSide for registration of a figurative sign depicting a bicycle polo player. 

Company – Articles of association. The Court of Appeal, Civil Division, allowed the claimants' appeal, preferring the claimants' interpretation of the voting provisions contained in the articles of association of a management company of a residential development. 

Practice – Civil litigation. The Chancery Division declined to grant an application to strike out a claim in proceedings concerning the estate of the deceased Kuwaiti Sheikh in circumstances where the claim had been purportedly brought in the third claimant's personal capacity on behalf of the estate or as the representative of the other beneficiaries of the estate, but was later amended to state that the third claimant was suing on her own behalf and as administratrix.