Latest Cases

European Union – Copyright. Article 2(c) of Directive (EC) 2001/29 should, in the light of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the phonogram producer's exclusive right under that provision to reproduce and distribute his or her phonogram allowed him to prevent another person from taking a sound sample, even if very short, of his or her phonogram for the purposes of including that sample in another phonogram, unless that sample was included in the phonogram in a modified form unrecognisable to the ear. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning the use, in the recording of the song 'Nur mir', composed by the second and third applicants and produced by the first applicant company, of an approximately 2-second rhythm sequence from a phonogram of the group Kraftwerk, of which the first respondent and another were members.

Sentence – Goodyear indication. It was clear that the defendant had not pleaded guilty in response to the Goodyear indication within a reasonable period, such that the indication had ceased to have effect. Accordingly, the Court of Appeal, Criminal Division, held that sentence of 53 months' imprisonment for two burglary counts, to run concurrently, 2 months' imprisonment concurrent for the assault occasioning actual bodily harm and 4 months' imprisonment concurrent for the assault by beating had not been manifestly excessive or wrong in principle.

Planning – Development. The first part of para 172 of the National Planning Policy Framework (the NPPF), in relation to development in an AONB, national park or the Broads, qualified as a policy falling within the scope of the presumption in favour of sustainable development for decision-taking to be applied under limb (i) of para 11(d) of the NPPF; it was also capable of sustaining a freestanding reason for refusal in general development control in AONBs, national parks and the Broads. The Planning Court, in dismissing the claimant company's application, further set out a practical summary to assist practitioners in the field.

Employment Tribunal – Procedure. Giving permission for the instant decision to be cited in future case, applications for permission to appeal a decision of the Employment Appeal Tribunal (the EAT), setting aside a decision of the employment tribunal to the effect that an already anonymised judgment should not go on the register, were refused, and the EAT's decision that its judgment and that of the tribunal go on the register were upheld. The Court of Appeal, Civil Division, in so deciding, held that, putting aside national security, there was no explicit power in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 1237/2013, to prohibit publication of a judgment altogether.

European Union – Copyright. Article 5(3)(c), second case, and (d) of Directive (EC) 2001/29 should be interpreted as not constituting measures of full harmonisation of the scope of the exceptions or limitations which they contained. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning the applicant company's publication on its website of a manuscript by the respondent and of an article published in a book, and the respondent's challenge to the making available of complete texts of that manuscript and that article on the applicant's website.

Practice – Pre-trial or post-judgment relief. Although a re-trial of a 13-day Commercial Court trial would place a heavy burden of costs and additional stress on the parties, the Court of Appeal, Civil Division, held that it was the correct approach to take. The judgment had failed properly to analyse the witness and documentary evidence on a number of critical issue, failed to address issues that had arisen at trial and had given limited reasoning.

Practice – Pre-trial or post-judgment relief. Although a re-trial of a 13-day Commercial Court trial would place a heavy burden of costs and additional stress on the parties, the Court of Appeal, Civil Division, held that it was the correct approach to take. The judgment had failed properly to analyse the witness and documentary evidence on a number of critical issue, failed to address issues that had arisen at trial and had given limited reasoning.

Damages – Measure of damages. The first and second claimants would be each awarded £155,000, and the third claimant £104,000 in damages for malicious prosecution and misfeasance in public office. In particular, the Queen's Bench Division, held that exemplary damages were required to highlight and condemn the egregious and shameful behaviour of a senior and experienced police officer who had been de facto prosecutor.

Fire brigade – Governance. To show that a proposal was 'in the interests of economy, efficiency and effectiveness', within s 4A(5) of the Fire and Rescue Services Act 2004, it was necessary to show that it was in the interest of each of those objectives, and those three matters could not be considered 'in the round'. The Administrative Court held that, although the defendant Secretary of State had applied the wrong test in deciding to approve a proposal to transfer the governance of the claimant Fire and Rescue Services to the interested parties, it was inevitable she would have come to the same conclusion had she applied the correct test.

Damages – Measure of damages. The first and second claimants would be each awarded £155,000, and the third claimant £104,000 in damages for malicious prosecution and misfeasance in public office. In particular, the Queen's Bench Division, held that exemplary damages were required to highlight and condemn the egregious and shameful behaviour of a senior and experienced police officer who had been de facto prosecutor.