Latest Cases

Solicitor – Negligence. The Chancery Division found that M, a solicitor in the defendant firm, had failed to exercise reasonable care in advising the claimant on planning issues during the course of a conveyancing transaction. However, the claimant was found to bear responsibility for two-thirds of the total recoverable loss of £232.150. 

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. 

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. 

European Union – Income tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 63 TFEU and 65 of the Treaty on the Functioning of the European Union. The request had been made in proceedings between Mr Verest and Ms Gerards and the Belgium concerning the tax treatment, in Belgium, of immovable property situated in France. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling related to the interpretation of arts 2, 9(1), 11, 56, 193 and 196 of Council Directive (EC) 2006/112 (on the common system of value added tax). The request had been made in proceedings between Skandia America Corp. (USA), filial Sverige (Skandia Sverige), and the Swedish tax authorities, regarding the latter's decision to charge VAT on the supply of services by Skandia America Corp., established in the United States, to its branch Skandia Sverige. 

Immigration – Leave to appeal – Judicial review. Court of Session: Refusing a judicial review petition by a petitioner whose application for indefinite leave to remain was refused and who sought reduction of a decision of the Upper Tribunal (UT) refusing him leave to appeal against the First Tier Tribunal's dismissal of his appeal, the court held that there was no error of law by the UT judge, never mind a material error, and the petitioner had failed to demonstrate a compelling reason for a further appeal. 

European Union – Taxation. The Court of Justice of the European Union ruled that the term 'standard tanks', referred to in the first indent of art 24(2) of Council Directive (EC) 2003/96 (restructuring the Community framework for the taxation of energy products and electricity) should be interpreted as not excluding tanks fixed permanently to commercial motor vehicles intended for the direct supply of fuel to those vehicles when the tanks had been fitted by a person other than the manufacturer, in so far as the tanks enabled fuel to be used directly, both for the purpose of propulsion of the vehicles and, where appropriate, for the operation, during transport, of refrigeration systems and other systems. 

European Union – Trademarks. The General Court of the European Union dismissed the action brought by Galileo International Technology LLC (Galileo) for annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in which the Board had rejected Galileo's opposition to registration of the figurative sign 'GALILEO'. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Micrus Endovascular Corp (Micrus) for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Laboratoires Delta and Micrus relating to the application by Micrus for registration of the word sign 'DELTA' as a Community trade mark. 

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.