Latest Cases

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. 

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 – Regulations. The applicant Central Bank of Iran sought the annulment of Council Regulation (EU) 267/2012, listing it as a body subject to restrictive measures introduced in order to apply pressure to Iran to end its proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems. The General Court of the European Union, in allowing the application, held that the Council's statement of reasons for that act was insufficient, as it did not enable either the applicant or the Court to understand the circumstances which had led the Council to consider that the relevant criterion had been satisfied in the case of the applicant and, accordingly, to adopt the contested act. 

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 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. 

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. 

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. 

Criminal law – Indictment. The defendants worked for a company which was a major manufacturer of an anti-knock fuel additive for use in motor gasoline. They had initially been charged with conspiracy to corrupt for allegedly bribing public officials and other agents of the Government of Indonesia. They sought leave to appeal against their conviction on a second count of conspiracy to corrupt, which had been added after the close of the prosecution case. The Court of Appeal, Criminal Division, refusing leave, held that no injustice had resulted from the addition of count 2. The court reduced the sentence from four years' imprisonment to three years' imprisonment in respect of one of the defendants where the judge had used the wrong starting point. 

Personal Injury: Quantum Case. Road traffic accident. The claimant was awarded £4,000 in general damages. He suffered from severe pain in the arms, severe pain and numbness in the hands, severe pain and stiffness in the neck, severe pain in the upper back and severe pain in the shoulders. The claimant's neck injury was expected to recover 11–13 months post-accident. His soft tissue injuries to upper back and shoulders, radiating down arms to hands and travel anxiety were expected to recover within 9–11 months post-accident. 

European Union – Consumer protection. In response to a question referred for a preliminary ruling, the Court of Justice of the European Union held that art 22(1) of European Parliament and Council Regulation (EC) 1008/2008 had to be interpreted as precluding a national law that required air carriers to carry, in all circumstances, not only the passenger, but also baggage checked in by him, provided that the baggage complied with certain requirements as regards, in particular, its weight, for the price of the plane ticket and without it being possible to charge any price supplement to carry such baggage.