Latest Cases

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by Deutsche Bahn AG and other companies, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicants, and for variation of the fines imposed on them in that decision. 

Child – Protection. The Family Division granted a local authority's application for permission to withdraw its previous application for injunctive orders against a man who had been wrongly identified as a possible perpetrator of a child sexual exploitation of a young girl. It further held that the provisions in the Sexual Offences Act 2003, read with the statutory guidance, made it clear that a magistrates court had the power to make an interim sexual risk order prior to the making or not making of a final order. 

Sentence – Mandatory life sentence. The Administrative Court did not recommend a reduction in the offender's minimum term of 13 years, less time spent on remand for the murder he had committed when aged 15. The offender's progress, real though it had been, was not exceptional. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by EGL, Inc., and other companies, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Area Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicants or, in the alternative, for variation of the fines imposed on them in that decision. 

Immigration – Non-patrial. The Court of Appeal, Civil Division, allowed an appeal by the Secretary of State in circumstances where the First-tier Tribunal and Upper Tribunals (Immigration and Asylum Chambers) had allowed the respondent's appeal against the Secretary of State's refusal to grant a Certificate of Entitlement giving the respondent a right of abode in the United Kingdom. The respondent, as a matter of statutory application, did not have a right of abode through either his father, his mother or through being a Commonwealth citizen. 

Minor – Custody. The Family Division, on a mother's application under the Hague Convention on the Civil Aspects of International Child Abduction 1980 and Council Regulation (EC) 2201/2003, ordered the summary return to France of her three children. The mother's words in email exchanges had not amounted to 'a clear and unequivocal consent' and, even if they had been, manifestly that consent had been withdrawn before the children had been retained. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division held, in assessing whether and to what extent to grant disclosure of certain documents following alleged police brutality in Peru in which it was alleged by the claimants that the defendant copper mine owners had been involved, that certain disclosure would be ordered having regard to the fact that the mining company had adopted the voluntary principles on security and Human Rights. 

Tribunal – Upper Tribunal. The Court of Appeal, Civil Division, in allowing the appellant's appeal and restoring the decision of the First-tier Tribunal (Tax Chamber) debarring the respondent Revenue and Customs Commissioners from further participation in the proceedings, considered the proper approach of tax tribunals in cases where there had been a breach of an order. 

European Union – Rules on competition. The General Court of the European Union dismissed the action brought by UTi Worldwide, Inc., and other companies, active in the sector of international air freight forwarding services, for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under art 101 of the Treaty on the Functioning of the European Union and art 53 of the European Economic Area Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerned the applicants, and, in the alternative, for annulment or reduction of the fines imposed on them in that decision. 

Mental health – Court of Protection. The Court of Protection held that although the applicant did not have capacity as defined in s 2 of the Mental Capacity Act 2005 to make decisions regarding his treatment, he had not satisfied the best interests requirement. There was a less restrictive option than the continued use of the standard authorisation. On that basis, the standard authorisation would be terminated.