Latest Cases

Immigration – Detention. The Court of Appeal, Civil Division, in dismissing the defendant Home Office's appeal, upheld the judge's finding that the claimant minor had been unlawfully detained in immigration detention. In particular, the material available to the defendant had not been sufficient to meet the Age Assessment guidance and, therefore, the Enforcement Instructions and Guidance or to enable the defendant to carry out its independent duty to satisfy itself that the assessment had been Merton-compliant. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Editions Quo Vadis (Editions) 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 Mr Francisco Gómez Hernández and Éditions, regarding the application by the former for registration of the word sign 'QUO VADIS' as a Community word mark. 

European Union – Rules on competition. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that Directive (EC) 97/67 should be interpreted as meaning that a money order service by which the sender, in the present proceedings, the state, transferred sums of money to a beneficiary through the postal operator entrusted with providing the universal postal service did not fall within the scope of that directive. 

Solicitor – Breach of duty. The Court of Appeal, Civil Division, allowed an appeal by the defendant solicitors' firm against a finding that it was liable to make a contribution to the claimant surveyor under the Civil Liability (Contribution) Act 1978 in respect of a settlement resulting from a lender's loss when a borrower defaulted on his remortgage. The solicitors had been under a duty to have told the mortgage lender about the information obtained from the Land Registry that the property had been purchased recently and at a price that suggested strongly that the valuation was excessive, but the surveyor had not proven that the lender would have reacted differently and not advanced the money. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling deciding, among other things, that cl 4.2 of the Framework Agreement and art 7 of Directive (EC) 2003/88 should be interpreted as meaning that, in the event of an increase in the number of hours of work performed by a worker, the member states were not obliged to provide that the entitlement to paid annual leave already accrued, and possibly taken, had to be recalculated retroactively according to that worker's new work pattern. A new calculation should, however, be performed for the period during which working time increased. 

Divorce – Financial provision. The Family Division allowed part of the wife's appeal in relation to payment of school fees but declined to overturn the judge's decision on the clean break that had been ordered. It further was prepared to admit a Calderbank offer on appeal having regard to the words of r 28.3(8) of the Family Procedure Rules 2010, SI 2955/10. 

Companies – Shareholders – Unfair prejudice. Court of Session: In an application under s 996 the Companies Act 2006 in which minority shareholders sought an order for the purchase of their shares, alleging that the company's affairs had been conducted in manner unfairly prejudicial to their interests, the court held that the company could not properly be characterised as a quasi‑partnership, that conduct unfairly prejudicial to the petitioners' interests had been proved in some respects, although not in others, and that it was fair and reasonable to make an order for the purchase of the petitioners' shares at the lower of 75% of fair value and the subscription or par value paid for them. 

Patent – Validity. The Patents Court ruled that the claimant, Saab's, claim for the revocation of patents concerning mine clearance devices succeeded in part on the ground of obviousness. The defendant's counterclaim for infringement succeeded in part in respect of one of its patents. 

Patent – Infringement. The Patents Court considered the claimant company's applications for freezing injunctions to prevent both of the defendant companies from selling a full label generic pregabalin product, thereby infringing the claimant's patent. The court held that, in the circumstances, it was appropriate to grant both injunctions. 

Company – Voluntary winding up. The Court of Appeal, Civil Division dismissed the defendant former liquidator's appeal against an order that she contribute £548,074.56 to the assets of a company in creditors' voluntary liquidation by way of compensation for her breaches of duty. The illegality defence could not apply, as there had been no inextricable link between the claim and the fraudulent conduct, and the policy of requiring liquidators properly to collect and distribute the assets of the company that had to prevail.