Latest Cases

Minor – Abduction. The Family Division, in proceedings under the Hague Convention, agreed to the parties consent order giving the father permission to withdraw his application under the Convention. In so deciding it was held that he circumstances in which the court could properly adopt an 'ultra-summary' approach in Hague cases were very limited but where events had overtaken the original proceedings it could be appropriate to do so. 

Prison – Prisoner. The Administrative Court, in dismissing the claimant determinate sentence prisoner's application for judicial review of the defendant Parole Board's decision not to direct his re-release following his recall to prison, held, among other things, that it could not arguably be said that the Parole Board had applied the wrong test. 

Value added tax – Input tax. The Court of Appeal, Civil Division, allowed an appeal by the Revenue and Customs Commissioners against a decision of the Upper Tribunal (Tax and Chancery Chamber) which had allowed the taxpayers' appeal against a determination that they were not entitled to a repayment of VAT as they should have known that their purchases were connected with fraud. The Upper Tribunal had erred in a number of respects, including have addressed the evidence in a compartmentalised fashion, and the earlier determination of the First-tier Tribunal, that the only reasonable explanation which the taxpayers could have drawn from their prior knowledge and the circumstances was that the relevant transactions were connected with a fraud by a previous buyer was reinstated. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by credentis AG against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Aldi Karlslunde K/S and credentis AG, regarding the application by the latter for registration of the word sign 'Curodont' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by LG Developpement (LG) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Bayerische Motorenwerke AG and LG, concerning the application by the latter for registration of a figurative sign 'MINICARGO' as a Community trade mark. 

Criminal law – Rape. The Court of Appeal, Criminal Division, held that a sentence of 24 months' imprisonment, suspended for 24 months, imposed for a category 3B rape had been unduly lenient and would consequently be quashed. In all the circumstances, a sentence of two-years-and-six months' imprisonment would be imposed accordingly. 

Family proceedings – Orders in family proceedings. The Family Division allowed the application of the local authority's application to order that a seven year old child AA have a device fitted on medical advice in order to prevent the impact of any further heart-attacks. In granting the order, so ordering the court went against the wishes of the parents having decided that it was in the child's best interests to have the device implanted. 

Immigration – Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) dismissed the claimant Philippine national's application for judicial review of the defendant Secretary of State's decision, refusing to grant her leave to remain in the United Kingdom. There was no merit in her arguments relating to historic injustice and to her own pregnancy, nor was there merit in the issue of whether the applicant should be expected to make an application from her own country. 

Water supply – Supply of water for domestic purposes. The Commercial Court dismissed the claimant company's claim that it was owed additional sums under a contract to reflect an uplift in carbon credit for devices sold be the claimant to be installed in showers, which reduced water and energy consumption. The court held that the price payable was the fixed price that the parties had agreed, without the market transformation uplift sought by the claimant. 

European Union – Customs duties. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of r 3(b) of the General Rules for the interpretation of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87, as amended by Commission Regulation (EC) No 1214/2007. The request had been made in proceedings between VAD BVBA and its managing director and Belgium, concerning the tariff classification of combined video-audio systems and loudspeakers.