Latest Cases

Value added tax – Appeal. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appellants' appeal against a finding of the First Tier Tribunal that the sale of the freehold interest in the property to them by the trustee had been chargeable to VAT at the standard rate. The interpretation of para 30 of Sch 10 to the Value Added Tax Act 1994 that the appellants put forward was a strained construction, and the issue would be decided in favour of the defendant Revenue and Customs Commissioners. 

Negligence – Causation. The Queen's Bench Division held, in dismissing the claimant's case in negligence against the Secretary of State for Health, that there had been no breach of duty in respect of the delivery of a twin in circumstances where she was deprived of oxygen and suffered serious brain injury. 

Animal – Protection. The Divisional Court, in dismissing the RSPCA's appeal, held that, in order for an offence of animal fighting to be committed, contrary to s 8 of the Animal Welfare Act 2006, as defined by s 8(7) of that Act, the other animal, with which a protected animal was placed, had to be the subject of some control or restraint by some person or persons connected with that activity or some other artificial constraint so that its ability to escape was prevented. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Laboratorios Ern, SA against the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings concerning the application by the intervener, Matthias Werner, for registration of a figurative sign 'Dynamic Life' as a European Union trade mark. 

Town and country planning – Enforcement notice. The Administrative Court dismissed the appellants' appeal by way of case stated against the Crown Court's decision, dismissing their appeal against conviction for using their land as a builder's merchants with ancillary sales, in contravention of the terms of an enforcement notice. There had been sufficient evidence on which the Crown Court could reasonably conclude to the required standard that the land had been used as a builder's merchants with ancillary sales throughout the period alleged in the information. 

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 3 of Council Regulation (EC) No 1186/2009 was to be interpreted as meaning that, for the purposes of the application of that provision, a natural person could not have at the same time a normal place of residence in both a member state and in a third country. 

Costs – Order for costs. The Chancery Division, on the claimant's application for an order, under s 51(3) of the Senior Courts Act 1981, that RG, who had been joined as a party to the present proceedings for the purposes of costs only, pay the costs of its claim against the first defendant, held that the present was an exceptional case and it was just to make an order for costs against RG. RG was ordered to pay the claimant's costs incurred from the date on which the first defendant had filed its acknowledgement of service. 

Practice – Summary judgment. The Chancery Division allowed in part the defendant News Group Newspapers' application to strike out parts of the particulars of claim of one of a number of defendants in phone-hacking proceedings, where two of the eight matters to which the application related could not demonstrate phone-hacking or other improper information-gathering. It allowed the claimants' application to amend generic particulars of claim and held that, among other things, the application to amend had not been made too late in the proceedings. 

Charity – Registration. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appellant's appeal against the finding of a judge that the appellant lacked standing to appeal against a decision by the respondent Charity Commission not to remove certain charities from the Register of Charities. The court held that, among other things, the appellant could not be considered to be a person affected by the decision for the purposes of the Charities Act 2011. 

Employment – Contract of service. The Queen's Bench Division held that the claimant was constructively dismissed, by reason of a repudiatory breach of contract by his employer Leeds United Football Club and therefore was entitled to damages for that breach less the amount of any bonuses to be received in respect of his current job.