Latest Cases

Declaration – Procedure. The Family Division granted the applicant NHS Foundation Trust's application to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to serious medical treatment for the first respondent, AA. In the instant case, there had been unanimity amongst the clinicians that the proposed treatment was the safest option for AA. It had been self-evident that AA had lacked the capacity to take the medical decision for herself and the case made by the NHS Trust had been compelling. 

Sentence – Appeal. The defendants, IA aged 84 and TA aged 68, were husband and wife and had both been sentenced, amongst other things, to two counts of trafficking a person into the United Kingdom for exploitation and received concurrent sentences of five years' imprisonment. IA had also been sentenced to 13 counts of rape and received concurrent sentences of 13 years' imprisonment. Accordingly, TA had received a total sentence of five years' imprisonment and IA a total sentence of 13 years' imprisonment. The judge at the contested trials had applied a reduction in the sentences of approximately one-third primarily due to the ages and ill health of the defendants. The Court of Appeal, Criminal Division, in allowing the Attorney General's application to refer the sentences, held that those sentences were unduly lenient. The sentences were quashed and TA received a total sentence of six years' imprisonment whilst IA received a total sentence of 15 years' imprisonment. 

European Union – Trade marks. The General Court of the European Union ruled on two separate actions brought by Diset, SA (Diset) against the decisions of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning two sets of opposition proceedings between Diset and Mega Brands International, Luxembourg, Zweigniederlassung Zug (Mega), in respect of Mega's respective applications to register a figurative mark 'MAGNEXT' and a word sign 'MAGNEXT' as Community trade marks. 

Personal Injury. The Claimant suffered neck and shoulder pain as a result of a road traffic accident when the stationary vehicle in which she was travelling was struck in the rear by the defendant's vehicle. She was awarded damages of £1,800 for pain suffering and loss of amenity. 

Personal Injury. The Claimant suffered neck pain from a whiplash injury and travel anxiety as a result of a road traffic accident. She was awarded damages of £2,000 for pain suffering and loss of amenity. 

Company – Director. The claimants brought proceedings seeking the transfer of ownership of a European patent, and associated applications and patents. They alleged that certain defendants, whilst acting as de facto directors of the first claimant company, had, through the first defendant, applied for the patent in the name of another company, allegedly in breach of agreements with the claimants. The Intellectual Property Enterprise Court dismissed the claims where there was no evidence that the first three defendants had acted as de facto directors of the first claimant company and, accordingly, that there had been no breach of fiduciary duties. Further, there was no evidence of binding agreements as alleged. 

Landlord and tenant – Rent. The claimant appealed against the refusal to set aside a possession order for rent arrears. The judge held that the notice under s 8 of the Housing Act 2004 had been valid and that there had been no power to set aside the possession order made in the presence of both parties, such that a formal application for permission to appeal was required. The claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the notice had not been defective, as it had given the claimant sufficient notice to enable her to claim that the rent had not been lawfully due. Further, the order for a formal application for permission to appeal had been beyond reproach. 

Damages – Measure of damages. The Technology and Construction Court held that the claimant owner of a vessel had suffered an immediate and direct loss on the occurrence of the damage to the vessel, and that that loss had not been avoided or mitigated by the receipt by the claimant of a government grant in respect of the claimant decommissioning the vessel. 

Local government – Council tax. The Administrative Court dismissed the claimant student's application for judicial review of the defendant Local Authority's decision that the claimant had been a part time student and liable to council tax. The claimant had not been a student within the meaning of the Council Tax Discounts Disregards Order 1992, SI 1992/548 and the Local Government Finance Act 1992. 

Personal Injury. The Claimant suffered a laceration and scarring to his face after being bitten by the Defendant's dog. He was awarded damages of £3,500 for pain suffering and loss of amenity.