Latest Cases

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. 

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. 

Cohabitants – Financial provision – Time-bar. Sheriff Court: Refusing an appeal against a sheriff's decision in a case in which the pursuer claimed payment of a capital sum from the defender following termination of their cohabitation, the court held that the sheriff had not erred in repelling the defender's preliminary plea that the pursuer's claim was time barred. 

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 – 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. 

Legal aid – Criminal cases. The claimants sought judicial review of the Lord Chancellor's decisions that there would be 525 duty provider work contracts and an average immediate reduction of 8.75% in criminal legal aid fees. The Administrative Court, in allowing the application in part, held that the failure to consult on two reports concerning the deputy provider work contracts had been so unfair as to result in illegality. However, the decision as to the 8.75% reduction would not be quashed, as there was not a sufficient connection between the flaws identified in the consultation process and the decision to reduce fees. 

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 – Regulations. The first applicant Zimbabwean Deputy Minister for Economic Planning and Development and his companies sought compensation resulting from being the subject of restrictive measures imposed by the European Council. The General Court of the European Union, in dismissing the application, held that there was sufficient statement of the reasons justifying the freezing of the first applicant's assets. Further, there had been no manifest error of assessment and misuse of powers in listing the first applicant as a person subject to restrictive measures or in omitting to revoke the measure against him sooner. 

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 – 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.