Latest Cases

Immigration – Leave to enter as child of refugee – Validity of application. Court of Session: Granting the prayer of a judicial review petition brought by the adopted daughters of a refugee, who applied for entry clearance to join him in the UK and whose application, presented as 'applications for family reunion in terms of para 352D of the Immigration Rules', was rejected without its merits being considered, an Entry Clearance Officer concluding it was not properly made under para 352D, the court held that the petitioner's application for leave to enter was 'made under' para 352D of the Immigration Rules and therefore it was fee exempt and it ought to have been considered on its merits. 

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 7 of Council Directive (EEC) 93/13. The requests had been made in proceedings between, in one case, Mr Sales Sinués and Caixabank SA and, in the other, Mr Drame Ba and Catalunya Caixa SA, both relating to the annulment of contractual terms in mortgage loan agreements. 

Customs and excise – Duties. The Upper Tribunal (Tax and Chancery Chamber) ruled on an appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) in which the FTT had allowed the taxpayer company's appeal against an alleged customs debt owed to the Revenue. The tribunal held that the FTT had erred by refusing to grant the Revenue's application for permission to amend its response to the taxpayer's appeal but, that in all other respects, the appeal would be dismissed. 

Criminal procedure – Sheriff's charge – Theft – Mens rea. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of the theft of a substantial amount of stock from the company of which he was the managing director, the court rejected contentions that the sheriff had failed to give adequate directions on the mens rea of theft and had failed to direct the jury appropriately not to speculate. 

Criminal evidence and procedure – Human trafficking – Mutual corroboration – Sentencing. High Court of Justiciary: Refusing appeals against conviction and sentence by an appellant who was found guilty of eight offences of human trafficking, the court rejected contentions that the sheriff misdirected jury in relation to mutual corroboration in directing them that there was a legal sufficiency and that his use of the word 'rule' on twelve occasions, when describing mutual corroboration, amounted to a misdirection; furthermore it held that only a custodial sentence could have been regarded as appropriate and that the sheriff's selection of 3 years' imprisonment could not be described as excessive. 

European Union – Freedom of establishment. The Court of Justice of the European Union gave a preliminary ruling concerning art 49 of the Treaty on the Functioning of the European Union. The request had been made in proceedings between Sparkasse Allgäu and the Kempten tax office, Germany, concerning the refusal of that credit institution to disclose to the Kempten tax office information relating to the accounts held with its dependent branch established in Austria by persons who, at the time of their death, had their place of residence for tax purposes in Germany. 

Employment – Discrimination. The Employment Appeal Tribunal upheld a finding by the employment tribunal (the tribunal) that the employee had not suffered direct discrimination and harassment because of/related to her religion or belief. The tribunal had concluded that the employee had not been subjected to disciplinary process or sanction because she had manifested her religious belief in voluntary and consensual exchanges with a colleague, but because she had subjected a subordinate to unwanted and unwelcome conduct. The treatment of which the employee had complained was because of, and related to, those inappropriate actions; not any legitimate manifestation of her belief. The tribunal had approached its task correctly and the appeal could not stand given the tribunal's factual findings. 

Patent – Infringement. The Chancery Division, in allowing a claim by the claimant company, American Science and Engineering inc, held that the defendant company had infringed the claimant's patent, entitled 'X-ray backscatter mobile inspection van'. The invention was not obvious in the light of prior art, and hence infringement had occurred. 

Family proceedings – Orders in family proceedings. The Family Division granted certain declaratory relief in respect of the existence of constructive trusts following an application by the applicant pursuant to s 17 of the Married Women's Property Act 1882. The focus of the application was a dispute about the beneficial ownership of four central London properties which both parties owned, or in which either or both had had an interest during their former relationship and which had been used to guarantee two loans taken out by the parties. 

Trade mark – Infringement. The Chancery Division ruled that the claimant, Jack Wills Ltd, was entitled to recover 41% of the profits made by the defendant, House of Fraser (Stores) Ltd, from the sales of items in respect of which the defendant had been held liable for infringement of trade mark and passing off.