Latest Cases

Child – School. The Family Division made a child arrangements order concerning where a child, B, should go to school. It held that it would be better for B's life to continue in the Surrey area, where his father lived, although he would continue to have extensive contact with his mother. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Ecolab USA, Inc., (Ecolab) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM), concerning the international registration designating the European Community of the word mark 'GREASECUTTER' obtained by Ecolab and the refusal of protection of that mark in the European Union. 

Town and country planning – Permission for development. The claimant sought an order quashing the decision of the inspector appointed by the first defendant Secretary of State, dismissing his appeal against the second defendant local planning authority's refusal of planning permission for the change of use of a building from stables to offices on a site within the Green Belt. The Planning Court, in dismissing the application, held that inspector had found implicitly that the proposal had not been in accordance with the development plan and that planning permission should not be granted. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Eugenia Mocek, Jadwiga Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna (Eugenia Mocek), 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 Lacoste SA and Eugenia Mocek concerning the application by Eugenia Mocek for registration of a figurative mark depicting the word 'KAJMAN' and representing a crocodile as a Community trade mark. 

Immigration – Asylum seeker. The claimant St Lucian national sought judicial review of the defendant Secretary of State's decisions by her competent authority, which concluded that the claimant was not the victim of trafficking. The Administrative Court, in allowing the application, concluded that the competent authority had taken the wrong approach, in particular, by its reliance on a detective inspector's report, and its failure to consider warnings in 'Victims of human trafficking – competent authority guidance' and in expert evidence. 

Mental health – Court of Protection. The Court of Protection declined to appoint the applicant as her mother's deputy for property and affairs in the circumstances of the case. Instead, the second respondent daughter was appointed because, among other things, she was willing and able to act, she lived nearby and was able to visit her mother regularly. Further, she was on good terms with her siblings, other than the applicant, and with the management and staff at the care home in which her mother resided. The court also genuinely believed that she had her mother's best interests at heart. 

Bankruptcy – Trustee in bankruptcy. The Chancery Division ruled that Beatles memorabilia, among other things, had not been gifted to a bankrupt's wife and daughter, but belonged to him at the date of his bankruptcy and, accordingly, vested in the trustee in bankruptcy. 

Criminal law – Procedure. The Lord Chief Justice handed down the Practice Direction (Costs in Criminal Proceedings) 2015. This Practice Direction replaces the Practice Direction (Costs in Criminal Proceedings) given on 7 October 2013 ([2013] EWCA Crim 1632; [2013] 1 WLR 3255), as amended. This Practice Direction has effect in magistrates' courts, the Crown Court, the High Court and the Court of Appeal, Criminal Division, where the court, in the exercise of its discretion, considers an award of costs in criminal proceedings or deals with criminal legal aid and recovery of defence costs orders. This Practice Direction comes into force on 5 October 2015. 

Bankruptcy – Meeting of creditors. The applicants sought orders, including to revoke a voluntary arrangement proposed by a bankrupt at a meeting of his creditors. The Bankruptcy High Court held that, as a result of reversing the chairman's decision not to suspend the meeting and discounting the value of one vote, the arrangement would be revoked and the bankruptcy re-instated. 

Criminal law – Sexual offences. The defendants appealed against their convictions for kidnapping, sexual assault, theft and assault occasioning actual bodily harm, and the sentences of seven and eight years' imprisonment imposed. The Court Martial Appeal Court, in dismissing the appeals, held that the prosecution's failure to record and retain records had not rendered the convictions unsafe, and none of the defendants' challenges had had any material impact on the safety of the convictions. Further, the sentences had not offended the totality principle.