Latest Cases

Human rights – Right to Fair Trial & Access to Justice. European Court of Human Rights: The European Court of Human Rights awarded €2,400 in non-pecuniary damages to the applicant where it found violations of art 6(1) of the European Convention on Human Rights in circumstances where the total lack of publicity of judicial proceedings concerning the dismissal of a civil servant in order to preserve the confidentiality of certain documents in the file was disproportionate. 

European Union – Immigration. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 15(c) of Council Directive (EC) 2004/83. The request had been made in proceedings between Mr Diakité, a Guinean national, and the Belgian Commissioner General for Refugees and Stateless Persons concerning the latter's decision not to grant Mr Diakité subsidiary protection pursuant to that directive. 

Trade mark – Infringement. The Chancery Division held that the defendant department store retailer, House of Fraser, had taken unfair advantage of the reputation of the claimant's trade marks. Taking account of all factors, there was a likelihood of confusion on the part of the average consumer between the trade marks and a logo used by House of Fraser. It followed that the trade marks were infringed. 

Employment – Employee. The Employment Appeal Tribunal considered the interpretation of s 10 of the Employment Appeal Act 1999 in the light of the case of Toal & Hughes v GB Oils Ltd[2013] IRLR 696. Although it allowed the employee's appeal in part, it held that the tribunal had not erred in its interpretation of the Act, in finding that the employee's rights had not been infringed by the employer's refusal to allow him to be accompanied by a certain individual at a disciplinary hearing. 

European Union – Trade Marks. The General Court of the European Union dismissed the action brought by Wilmar Trading Pte Ltd (Wilmar) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2012 (Case R 87/2012‑1), relating to opposition proceedings between Wilmar and Agroekola EOOD (Agroekola) regarding the application by Agroekola for registration of the word sign 'ULTRA CHOCO' as a Community trade mark. 

Extradition – Extradition hearing. The Divisional Court re-opened the appellant's appeal against the decision to extradite him to the respondent requesting state to consider further questions regarding his extradition in circumstances where it was agreed that at the time of the instant hearing he was unfit to plead. The Divisional Court held that, in the instant case, it was not unjust or oppressive to order the appellant's return, provided the requesting state was prepared to give an undertaking to permit his return to the UK in the event it was found, after a reasonable time for further treatment in the requesting state, that he was likely to remain unfit. 

Swap agreement – Interest rate swap agreement. The defendant entered two interest rate swaps with an Italian local authority. The claimant entered a third swap with the authority, which the Italian Court of Auditors of the Regional Chamber of Control for Campania found to be an impermissible derivative transaction under a decree. The claimant issued proceedings against the defendant on the basis that the second swap had been void. The Commercial Court, in dismissing the claim, held that the claimant had failed to show that: (i) the decree did not permit restructuring of principal; (ii) the second swap had resulted in an increasing profile; and (iii) there was a premium. 

Income tax – Deduction in computing profits. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by the taxpayer geriatrician against a decision of the First-tier Tribunal (Tax and Chancery Chamber) (FTT) in which the FTT had decided that certain travel expenses claimed by the taxpayer in respect of his private practice as a self-employed medical practitioner were not deductible. The tribunal took the view that those non-deductible travel expenses had not been 'wholly and exclusively' incurred for the purposes of the taxpayer's private practice as required by s 34 of the Income Tax (Trading and Other Income) Act 2005. 

European Union – Employment. The Court of Justice of the European Union ruled that European Union law, and, in particular, the principle of effectiveness, did not preclude national legislation, such as that at issue in the main proceedings, making the right of an employee to seek a reassessment of the periods of service which should be taken into account in order to fix the reference date for the purposes of advancement subject to a 30-year limitation period, which had started to run from the conclusion of the agreement on the basis of which that reference date had been fixed or from the classification in an incorrect salary scale (see [37] of the judgment). 

Mental health – Admission of patient to hospital. The applicant NHS trust applied to the obtain a caesarean section delivery of the respondent's baby against her will. The respondent was a patient detained under the Mental Health Act 1983. The Family division held that it would make an interim order to that effect given the likelihood of serious ill health if the operation did not proceed, the small risks of the general anaesthetic and the fact of a scar were very significantly outweighed by the advantages to both mother and unborn baby of proceeding in that way.