Latest Cases

Landlord and tenant – Service charge. The First-tier Tribunal (Property Chamber: residential property)(the FTT) had wrongly decided that it did not have jurisdiction to hear the appellant tenant's application for determination of liability to pay and reasonableness of service charges relating to insurance premiums. Consequently, the Upper Tribunal (Lands Chamber) quashed the FTT's decision and determined, upon the material before it, the amount of the appellant's liability in respect of those insurance premiums for the years in question.

Minor – Removal outside jurisdiction. The mother's actions in removing the child (R) from Australia represented a blatant and premeditated act of child abduction. Accordingly, the Family Division, in granting the father's application for R's summary return to Australia, held, among other things, that the mother had not made out the exception under art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980.

Criminal law – Robbery. The judge had been wrong to reduce the starting point from five to four years, before giving credit for the guilty plea and should have increased the starting point from five to not less than six years. Accordingly, the Court of Appeal, Criminal Division, allowed the Solicitor General's appeal against the sentence of three years' imprisonment for robbery and substituted a sentence of four years and six months' imprisonment.

European Union – Trade marks. The Second Board of Appeal of the European Union Intellectual Property Office had correctly decided that the applicant had acted in bad faith in registering the word sign 'NEYMAR' as an EU trade mark, which corresponded directly to the name under which the intervener, a Brazilian footballer internationally known, had become known for his football performances. Consequently, the General Court of the European Union dismissed the applicant's action for annulment of the Board's decision to uphold the intervener's application for a declaration of invalidity against the applicant's mark.

Criminal law – Victim of trafficking. There had been nexus and compulsion associated with the second defendant's status as a victim of trafficking and his conviction for cultivation of cannabis, such that the conviction was quashed. However, the Court of Appeal, Criminal Division, dismissed the first defendant's appeal against conviction and sentence, as her victim of trafficking status did not establish nexus or compulsion with her conviction for controlling prostitution for gain.

Extradition – Fresh evidence. In the light of the latest evidence, namely, an updated psychiatric report, the appellants' grounds of appeal against orders for his extradition were unsustainable. Accordingly, the Divisional Court dismissed the appellant's appeal against orders for his extradition to France to serve a sentence of five years' imprisonment for manslaughter.

Extradition – Extradition order. The district judge had been right to order the appellant's extradition to Poland for driving while disqualified on the basis that he had deliberately absented himself from his trial. Accordingly, the Administrative Court dismissed the appellant's appeal against the orders for his extradition and upheld the judge's decision to refuse permission to appeal on the ground that extradition would be incompatible with his rights under art 8 of the European Convention on Human Rights.

Extradition – Oppression. The further evidence relied on by the appellant did not meet the fresh evidence test and it would not be admitted, such that the appellant's contention that his extradition would be oppressive failed. Accordingly, the Administrative Court dismissed the appellant's appeal against orders for his extradition to Poland to serve a sentence of three years, eight months and two days for two shoplifting offences, attempting to escape from a police officer and stealing.

Employment – Unfair dismissal. The appellant nurse was dismissed for gross misconduct by the respondent NHS trust for initiating inappropriate discussions on matters of religion with patients. The Court of Appeal, Civil Division, dismissing her appeal, held that the Employment Tribunal had been correct to dismiss her claim for unfair dismissal.

Patent – Validity. The claimant company's claim for infringement of two patents succeeded in part. The proceedings concerned two patents related to technologies commonly used to provide fixed line broadband internet to residential and commercial premises. The Patents Court held that the first patent was valid and infringed, but that the second patent was obvious in the light of the prior art.