Latest Cases

Employment – Discrimination. The employees brought a test claim before the employment tribunal, contending that members of the black and minority ethnic group suffered discrimination in that they were more likely to fail an assessment leading to higher grades in the civil service. The employment tribunal (tribunal) held that the employees had to show, not only systematic disadvantage, but the reason for failing the assessment. The Employment Appeal Tribunal, allowing the employees' appeal, held that the tribunal had erred in asking that a further matter be established by an employee, for which s 19 of the Equality Act 2010 did not specifically provide. 

Town and country planning – Permission for development. The defendant local authority granted planning permission to the interested party for the development of an agricultural building, subject to conditions. The claimant sought judicial review of the decision to grant planning permission. The Planning Court, in dismissing the application, held that the claimant had failed to establish an error of law in the authority's decision-making process and that the authority had not failed to have regard to material considerations. 

Extradition – Hearing. The district judge ordered the appellant's extradition to Poland and also made an order for costs, in the sum of £500, against the appellant. The appellant appealed both the extradition order and the order for costs. Although the appeal against extradition was dismissed, the appeal against the order for costs was allowed, on the grounds that the court had jurisdiction to vary the order and the order had been neither just nor reasonable. 

European Union – Trade marks. The General Court of the European Union dismissed the action by Fundação Calouste Gulbenkian (FCG) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) relating to opposition proceedings between Mr Micael Gulbenkian and FCG concerning Mr Gulbenkian's application for registration of a figurative sign depicting the word 'GULBENKIAN' as a Community trade mark. 

Practice – Pre-trial or post-judgment relief. The claimants sought damages for deceit, assault, misfeasance in public office and negligence arising out of long term and intimate sexual relationships which they had with four men, who they alleged were undercover police officers acting under the direction and control of the defendant. The defendant applied to strike out the claims on the grounds that he could not take any active role in the case without infringing the neither confirm nor deny policy (NCND) policy. The Queen's Bench Division held that the defendant was only allowed to adopt that position in relation to certain specific individuals but had to amend the defence in order to either admit or deny the allegations. 

Negligence – Information or advice. The claimants employed the services of S, a patent attorney. They brought proceedings against S and companies connected to him contending that he had caused them loss through negligent advice. The Chancery Division held, in dismissing the claim and allowing S's counterclaim for unpaid fees, that, although S had acted negligently in some areas, negligent advice had not caused any loss and the loss claimed had not been caused by the negligent advice. 

Patent – Petition for revocation. The hearing officer, Deputy Director acting for the Comptroller of Patents, held that two patents held by the claimant company (Farrow) were invalid for obviousness and lack of inventive step. Farrow appealed against the decision concerning one of the two patents. The Patents Court held that, on the evidence, the appeal would be dismissed. 

Mental health – Persons who lack capacity. The Court of Protection made an order to the effect that neither the Children's Homes Regulations 2001 nor the joint guidance issued by the President of the Court of Protection and OFSTED of 12 February 2014 prevented the Court of Protection from authorising under the Mental Capacity Act 2005 that a person who was an adult might be be deprived of his liberty in premises which were a children's home. 

Social security – Income support. The Administrative Court held that the Jobseekers (Back to Work Schemes) Act 2013 was incompatible with the claimants' rights under art 6(1) of the European Convention on Human Rights. The Act had amounted to an interference in ongoing legal proceedings brought by the first claimant, as it had influenced the judicial determination in favour of the Secretary of State and it was likely to do so in the second claimant's forthcoming appeals. However, art 1 of the First Protocol to the Convention had not been engaged, as the second claimant had not been deprived of an existing possession. 

Damages – Quantum – Loss of society. Court of Session: In an action by the family of a man who died of mesothelioma caused by negligent exposure to asbestos when working for the defenders, the court awarded £80,000 to his widow, £35,000 to each of his four children, and made awards ranging from £2,500 to £25,000 to his seven grandchildren.