Law reports

Latest law reports from Lexis Nexis

High Court

Extradition

16 April 2014

The respondent judicial authority sought the appellant Lithuanian national’s extradition pursuant to a European arrest warrant so that she could stand trial in relation to an allegation of assisting an ‘armed robbery’, said to have occurred in 1996.

Ryanair plane

Customs and excise

16 April 2014

Ryanair had sought to reclaim air passenger duty, which it alleged it had overpaid in respect of connected flights.

Patent

2 April 2014

The claimant companies brought proceedings, contending that two patents had been infringed by the defendant companies (together, Virgin). Virgin contended that the patents lacked novelty over a number of other matters, and were obvious. The Patents Court held that, among other things, both patents were invalid for obviousness.

Jurisdiction

2 April 2014

The employment tribunal had found the claimant teacher’s claims, including of sexual and racial discrimination, against the third defendant head teacher established. The tribunal’s order was subsequently revoked on review and there was no outstanding judgment against the third defendant. The third defendant appealed, seeking a decision that the tribunal’s findings of fact had been wrong.

Prince Charles

Freedom of information

19 March 2014

A Guardian journalist appealed after the attorney general blocked the publication of letters Prince Charles wrote to government departments.

Breach of confidence

19 March 2014

The claimant musicians pitched the Real Deal, a music talent show, to Sky. Sky did not commission the claimants’ show, but later commissioned and broadcast another musical talent show programme, Must be the Music.

Libel and slander

4 March 2014

A Thai official tried to sue the former Football Association chairman Lord Triesman for libel, over allegations Triesman made about him before a parliamentary select committee.

Tax

4 March 2014

The issue in the case was whether late paid fees for membership of the taxpayer’s health and fitness club were properly to be regarded as the consideration for a supply of services for VAT purposes.

Employment

26 February 2014

The employee had been made redundant following the closure of a US military base in the UK. She successfully issued proceedings seeking a protective award. On the employer’s appeal to the Court of Appeal, Civil Division, a question was referred to the Court of Justice of the European Union.

Immigration

26 February 2014

In dismissing the applicant’s appeal against a refusal to allow his application for judicial review of the secretary of state’s refusal to revoke a deportation order made against him, the Court of Appeal, Civil Division, held that the word ‘matter’ in section 96(1) of the Nationality, Immigration and Asylum Act 2002 included evidence that could have been raised, but had not been, on an actual or possible appeal against an earlier decision.

Inquest

18 February 2014

The widow of Alexander Litvinenko sought judicial review of the refusal by the secretary of state Theresa May to order an inquiry into the circumstances of the Russian’s death by poisoning in 2006.

Trademark

18 February 2014

The Chancery Division considered a claim by Lush, a cosmetics company. Lush contended that the defendant companies, which were part of Amazon, the online retailer, had infringed its trademark by using it to direct customers to other products similar to, but not sold by, Lush.

Procedure

11 February 2014

The Divisional Court dismissed the claimant trade union’s application for judicial review of the defendant lord chancellor’s decision to introduce a fees regime for bringing and pursuing claims in the employment tribunal and the Employment Appeal Tribunal.

Criminal law

11 February 2014

The Court of Appeal, Criminal Division, in dismissing the defendant’s appeal against conviction for various counts of fraud by dishonest representation and two counts of possession of articles for use in fraud, held that the principles applicable to inconsistent verdicts were capable of applying by analogy where it was logically inexplicable as to how the jury could not reach a verdict on one count when it had reached a verdict of guilty on another. However, it would be a rare case ...

Libel and slander

3 February 2014

The claimant issued libel proceedings against the defendant newspaper following the publication of an article. The judge rejected the newspaper’s defence of justification and entered judgment for the claimant. The newspaper appealed.

Contract

3 February 2014

The Commercial Court considered a dispute about the payment of commission by the defendant companies, which had sold insurance and other financial products to the claimant trade union. The court interpreted the agreements between the parties, holding that neither party’s interpretation was correct.

Probate

28 January 2014

The judgment in the Marley v Rawlings wills mix-up appeal. General guidance was also provided in the matter of validity of wills.

Trademark

28 January 2014

In proceedings brought by Oxford University against the defendant company Oxford Law School Limited, the Intellectual Property Enterprise Court held that the defendant had infringed both the claimant’s UK and Community trademarks.

Tax

14 January 2014

Taxpayer being private golf club charging non-members access charge to play on golf course (green fee) – Taxpayer having paid VAT to Revenue and Customs Commissioners on green fee income – Taxpayer seeking reimbursement of amount of VAT overpaid in respect of green fees

Mental health

13 January 2014

Court of Protection – Jurisdiction – Applicant being daughter of elderly woman – Sibling moving mother from England and Wales to Scotland – Applicant applying for return of mother to England

Contract

7 January 2014

Ukrainian custom authorities placing controls on exports of wheat – Sellers contending prohibition clause in contract discharging liability in the light of customs restrictions

Immigration

7 January 2014

Family member of EEA national – Claimant marrying French national and acquiring right of residence as family member of EEA national – Claimant being convicted of numerous criminal offences – Claimant serving sentence of imprisonment

Employment

12 December 2013

Frustration – Change of circumstances – Employee suffering stroke and going on sick leave – Employer terminating employee’s employment

Negligence

5 December 2013

Claimant seeking damages against defendant solicitors for alleged negligence in relation to new service contracts entered into between claimant and its two executive directors – Executives being involved in drafting of new contracts

Civil litigation: Mitchell costs

5 December 2013

Civil litigation – Case management – Claimant failing to file costs budget within prescribed time period – Master imposing sanction by ordering claimant’s costs budget to be taken to be limited to court fees – Claimant applying for relief from sanctions – Master refusing to grant relief on ground new regime requiring strict compliance with rules

Jurisdiction

28 November 2013

Claimant entering into contract with defendant for supply of jet fuel – Contract governed by English law – Italian authorities ruling defendant part of Italian cartel involved in price fixing

Telecommunications

14 November 2013

Claimant seeking to rent BT’s communication lines in relevant market – Claimant submitting significant change occurring during review period to prevent imposition of charge controls

Trademark

13 November 2013

Claimant bringing proceedings against defendant for infringement of its community trademark in respect of defendant’s use of ‘Martin Turner’s Wishbone Ash’ as name of band and his use of domain name

Trademark

4 November 2013

Registration – Applicant company filing application for registration of word sign ‘BOOMERANG’ as community trademark

Sentence

4 November 2013

Defendant pleading guilty to attempted arson being reckless as to whether life was endangered – Defendant being sentenced to two years’ imprisonment – Defendant appealing

Prisoner voting

28 October 2013

Claimants both convicted of murder – Claimants unable under UK law to vote owing to convictions – Whether European Union law recognising right to vote on which claimants able to rely

Criminal law

28 October 2013

Defendant appealing against conviction – Whether insanely held delusion on part of defendant being attacked or threatened causing him to respond violently entitling him to acquittal on basis of reasonable self-defence

Criminal law

15 October 2013

Appellants being editors or journalists of News of the World newspaper – Appellants facing criminal charges resulting from phone voicemail-hacking activities – Appellants appealing on preliminary issue concerning transmission of voicemail messages

Local government

15 October 2013

Budget – Full council of library authority approving budget but making amendment relating to funding of library service

Criminal law

8 October 2013

Defendants being charged with a number of terrorism-related offences – First defendant’s trial counsel’s conduct at trial being criticised by judge and prosecution counsel on numerous occasions during trial

Trademark

8 October 2013

Claimant companies owners of intellectual property in game of Scrabble – Defendant company exploiting digital game with similar name

Costs

30 September 2013

First claimant being famous pop star – Order for costs – Payment on account – Injunction – Infringement of intellectual property rights

Sentence

30 September 2013

Imprisonment – Appeal against sentence – Defendant and deceased being very close friends – Defendant and deceased taking Class A drug PMA when believing it to be MDMA

Judicial review

25 September 2013

Report upholding complaint, and finding case to answer and arrest by officer being unlawful – Claimant challenging report on basis exceeding lawful ambit

European Union

24 September 2013

Common foreign and security policy – Restrictive measures against Syria – Council adopting Decision concerning restrictive measures against Syria - Names of persons responsible for violent repression against civilian population in Syria and associated persons associated listed in the annex to Decision

Criminal

16 September 2013

Sentence – Imprisonment – Appeal against sentence – Defendant being convicted of fraud after making false personal injury claim in bogus RTA

Employment

2 September 2013

Compensation – Calculation of award – Employee being unfairly dismissed

Sentence

2 September 2013

Imprisonment  – Defendant stopping female following observing suspected drug deal – Defendant agreeing with co-accused to falsify result – Defendant informing senior officer of false result

Tax

28 August 2013

Taxpayer actor deducting accommodation costs while performing in London – Revenue and Customs Commissioners (Revenue) finding taxpayer not entitled to deduction

Medical treatment

27 August 2013

Adult patient – Consent to treatment – Patient lacking capacity – Adult male, DE, having learning difficulties

Human rights

19 August 2013Updated: 20 August 2013

Child – Court proceedings in relation to child – Proceedings in private

Marriage

19 August 2013Updated: 20 August 2013

Validity – Declaration – Respondent lacking capacity having married abroad in arranged marriage ceremony

Statutory powers

12 August 2013Updated: 15 August 2013

Defendant secretary of state appointing Trust Special Administrator to NHS Trust – TSA making recommendations concerning hospital in neighbouring Trust area

Company

12 August 2013Updated: 15 August 2013

Lehman and Nortel group of companies going into administration - Both groups having employees receiving pension benefits

HS2: challenge

5 August 2013Updated: 15 August 2013

Claimants challenging decisions and procedures – Judge dismissing majority of grounds of challenge

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