Latest Cases

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling on the interpretation of the first subpara of art 98(2) of, and point 6 of Annex III to, Council Directive (EC) 2006/112, as amended. The request had been made in proceedings between a publishing company and the Finnish tax board, and the issue was whether the Directive had to be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which books published in paper form were subject to a reduced rate of VAT and books published on other physical supports, such as CDs, CD-ROMs or USB keys, were subject to the standard rate of VAT. 

Damages – Personal injury. The defendants admitted the negligent exacerbation of the claimant's T7 paraplegia by deep (grade 4) pressure sores with the consequent infection of the bone marrow, abnormal shortening of the muscle tissue of her legs and a hip dislocation. The Queen's Bench Division considered the extent to which the claimant's condition had been made worse and what damages should be paid. Applying the principle that a tortfeasor had to take his victim as he found him and make full compensation for their worsened condition, the court found the defendants' negligence had made the claimant's position materially and significantly worse than it would have been but for that negligence. 

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. 

Personal injury – Health and safety – Liability – Causation. Court of Session: In an action in which the widow of an employee of Scottish Water sought damages, claiming his death was caused by an accident at work, the deceased having died at home from a pulmonary thromboembolism, due to deep venous thrombosis, due to immobility, due to a knee injury, the court concluded that a claimed slip or fall at work did not cause the tear of the medial meniscus of the deceased's left knee which immobilised him, that it had not in any case been proved that he slipped on wet grass or mud, and that even if he did slip and injure his knee (in a way that caused or contributed to his death) because of ground conditions no breach of legal duty by the defenders was involved. 

Personal Injury: Quantum Case. Road traffic accident. The claimant was awarded £4,300 in general damages. She suffered from severe pain in her neck, right shoulder and upper, mid and lower back. She also suffered from severe headaches and travel anxiety. The claimant's back injury was expected to recover in 11–13 months post-accident. The claimant's whiplash soft tissue injury to neck and right shoulder, headaches and travel anxiety were expected to recover in 9–11 months post-accident. 

European Union – Trademarks. The Court of Justice of the European Union gave a preliminary ruling on the interpretation of art 3(1)(e) of the First Council Directive (EEC) 89/104 (the trade marks directive). The request for a preliminary ruling was made in the course of proceedings between Hauck GmbH & Co KG and Stokke A/S and others concerning an application for the annulment of the Benelux trade mark registration of a sign in the shape of a children's chair marketed by Stokke A/S and others. 

Criminal evidence and procedure – Delay – Admissibility of hearsay evidence – Right to fair trial. High Court of Justiciary: Refusing an appeal against a sheriff's ruling by an appellant who was indicted for trial on a charge of embezzlement, the court held that no prejudice had been shown to have occurred as a result of any delay in the prosecution and that the sheriff could not be faulted for allowing applications by the Crown to admit hearsay evidence and for rejecting a contention that, were the hearsay to be admitted the appellant's right to a fair trial would be breached. 

European Union – Insurance. The Court of Justice of the European Union made a preliminary ruling that art 3(1) of Council Directive (EEC) 72/166 had to be interpreted as meaning that the concept of 'use of vehicles' in that article covered any use of a vehicle that was consistent with the normal function of that vehicle. That concept might, therefore, cover the manoeuvre of a tractor in the courtyard of a farm in order to bring the trailer attached to that tractor into a barn, as in the case in the main proceedings, which was a matter for the referring court to determine. 

Passing off – Descriptive name. The claimant, which operated a state secondary school in London known as 'Cranford Community College', brought an action for passing off against the defendant, which traded as 'Cranford College' and which operated in the same area. The Intellectual Property and Enterprise Court, in dismissing the claim, held, among other things, that, on the evidence, no goodwill or misrepresentation had been established. 

European Union – Freedom of establishment. The Court of Justice of the European Union held that the obligation laid down in art 45 of Council Directive (EEC) 85/611, under which an undertakings for collective investment in transferable securities which marketed its units within the territory of a member state other than that in which it was situated was required to make payments to unit holders in the member state of marketing, had to be interpreted as not including the delivery to unit holders of certificates providing evidence of title to units which were registered in their name in the register of unit holders kept by the issuer.