Case archive

ECJ explains correct interpretation of Dublin III Regulation

The Court of Justice of the European Union (CJEU) has ruled* the Dublin III Regulation allows member states to send an applicant for international protection to a safe third country, irrespective of whether it is the member state responsible for processing the application or another member state.

European Court of Justice 17 March 2016

Shetland ferry operator’s £12m damages claim against Scottish Ministers dismissed

A ferry operator that sued the Scottish Government after it unsuccessfully bid for a contract to provide services between the Northern Isles and mainland Scotland has failed in a £12 million damages action.

Court of Session Outer House 17 March 2016

Luxembourg court dismisses Body Shop’s community trade mark appeal

The European Court of Justice has dismissed an action by The Body Shop to have a decision of the Office for Harmonisation in the Internal Market (OHIM) to reject its application for registration of the trade mark “SPA WISDOM” annulled.

European Court of Justice 16 March 2016

Inner House publishes reasons for refusing David Gilroy’s FOI appeal for CCTV images from murder investigation

The Inner House of the Court of Session has published its reasons for refusing an appeal by a man found guilty of murder against a decision to refuse his freedom of information request for CCTV images which he claims “undermine his conviction”.

Court of Session Inner House 16 March 2016

Appeal judges overturn sheriff’s ruling that paying for private schooling of disabled 18-year-old was a ‘reasonable adjustment’

A young person with autism who was granted decree against a local authority to pay for a further year of his education at a private school for pupils with special educational needs after he turned 18 has seen the decision overturned on appeal.

Court of Session Inner House 14 March 2016

Supreme Court allows HMRC appeal against scheme to avoid tax on bankers’ bonuses

The Supreme Court has ruled that bonuses awarded by banks to employees in the form of redeemable shares in offshore companies, in order to take advantage of ITEPA provisions, should be treated – for income tax purposes – as if they had been paid in cash.

UK Supreme Court 10 March 2016

Man who was wrongly convicted of murder fails in legal bid for compensation

A man found guilty of murder whose conviction was later quashed following a successful appeal has had a legal bid for compensation for the years he spent in prison refused for a third time.

Court of Session Outer House 10 March 2016

Supreme Court dismisses CRD infringement claim in ride-on suitcases battle

The Supreme Court has dismissed the appeal of a company which claimed a rival had infringed its design of a ride-on suitcase for children, affirming criticisms made by the Court of Appeal that the Community Registered Design (CRD) for the product was not simply a claim for a suitcase shape but for an animal with horns; that the absence of decoration reinforced the horned animal impression and that the CRD claimed a shape of two contrasting colours.

UK Supreme Court 9 March 2016

Disposition reduced as deceased ‘did not have the necessary capacity’

The niece of a woman who signed a deed disponing of her family home to other members of the family has been granted decree of reduction on the grounds that her aunt was “incapax” at the relevant date.

Court of Session Outer House 9 March 2016

Pursuer’s action against two defenders for ‘separate wrongs’ based on joint and several liability dismissed as ‘incompetent’

A property developer which sued two separate companies for breaches of contract after both failed to complete the purchase of an area of land has had an action based on joint and several liability dismissed as “incompetent”.

Court of Session Outer House 8 March 2016

Liquidator’s £28m action against solicitors’ firm following collapse of hedge fund to proceed

The liquidator of a multi-million pound hedge fund who raised an action against the company’s solicitors alleging that the firm “breached its fiduciary duties” to its client will be able to pursue its claim.

Court of Session Outer House 5 March 2016

Claim by way of plea is ‘effective’ to interrupt prescription in relation to an obligation

A claim made by way of a plea is a “relevant claim” sufficient to interrupt the running of the five-year prescription period, appeal judges have ruled.

Court of Session Inner House 7 March 2016

Car dealer not responsible for unremovable adverts associated with manufacturer

The Court of Justice of the European Union (CJEU) has ruled that authorised Daimler dealers are not responsible for advertisements which, despite their efforts to have them removed, continue to associate their name with the trade mark “Mercedes-Benz” on the internet and also that Daimler cannot require those dealers to take steps to remove such advertisements from websites where they have not been ordered.

4 March 2016

Luxembourg court confirms citrus fruit labelling rules

The Court of Justice of the European Union (CJEU) has confirmed that citrus fruit labelling indicating the preserving agents and other chemical substances used in post-harvest processing is compulsory.

4 March 2016