Background: The appellant, born in 1998, was a close friend of the complainant’s older brother and frequently visited the family home. The complainant, born in 2005, alleged that when she was approximately 11 or 12 and the appellant was approximately 17 or 18, he kissed her on two occasions and later performed oral sex on her…
Held: The Supreme Court unanimously dismissed both branches of the appeal. Justice David Mintz, joined by Justices Alex Stein and Yechiel Kasher, held that the case did not justify appellate interference with the District Court majority’s factual and credibility findings. Although the complainant had difficulty recalling dates, chronology, and some surrounding details, she consistently described the core sexual acts and carefully…
Background: Sud Gestion operates the approximately 350-center “A+ Glass” franchise network and owns French trademarks covering vehicle-glass maintenance, repair, and replacement services. Actiglass has operated a competing network under the “Actiglass” name since 2015. Alpha Glass, formerly an A+ Glass franchisee, joined the Actiglass network after leaving A+ Glass in November 2015.
Held: The Court of Cassation partially quashed the judgment. Under the applicable versions of Articles L. 713-2(a) and L. 716-1 of the Intellectual Property Code, trademark use requires active conduct and direct or indirect control over the act of use. Applying the Court of Justice of the European Union’s decision in mk advokaten, Case C-684/19, the Court held that a third…
Background: Mr Su lent 5 Blackman Cres Macquarie Pty Ltd and Mr Kamal $100,000 under a secured short-term deed of loan. After repayment defaults, Mr Su claimed as much as $1,394,093.13, including default interest of 3% per month compounded monthly and costs arising from enforcement measures in the ACT Supreme Court. 5 Blackman cross-claimed against Mr…
Held: McGrath J entered judgment for Mr Su against 5 Blackman for $60,559.56, the agreed amount owing with interest as at 25 September 2026. Although Mr Su was the successful plaintiff, the Court ordered 5 Blackman to pay only 50% of his costs on the ordinary basis. His unsuccessful default-interest and enforcement-cost claims were severable, unreasonable in light of the grounds…
Background: Glarner Straße 5 GbR entered into SVB’s standard-form district-heating contract in 2012 for a minimum term of ten years. The contract contained separate clauses permitting adjustments to supply and metering charges and to the consumption charge. SVB adjusted the consumption charge annually from 2015 through 2020 and unilaterally replaced the relevant adjustment clause in 2019.
Held: The Court held that Articles 6(1) and 7(1) of Directive 93/13 preclude the German three-year approach described by the referring court. An unfair term ordinarily must be removed, leaving the contract otherwise unchanged if it can objectively continue. General rules of contractual interpretation may not be used to preserve the effects of an unfair price-adjustment clause by preventing consumers from…
Background: OX1 Limited owned three flats above commercial premises at The Blarney Stone in Banbury. Tariq Khuja was the company’s sole director and shareholder, while a managing agent handled the flats’ day-to-day management. Following inspections in August 2023, Cherwell District Council identified fire and other hazards and later served improvement notices on the company.
Held: The Upper Tribunal allowed Mr Khuja’s appeal, set aside the FTT’s decision concerning his penalty, and substituted a decision cancelling it. Section 251 does not make a director liable merely because of his office or status as a company’s controlling mind. To establish “consent,” the authority must prove, directly or by inference, that the director actually knew the material facts…
Background: Matthew McGraw was indicted for aggravated burglary, strangulation, domestic violence, and felonious assault involving the mother of his children. After his replacement counsel moved to withdraw shortly before trial, the State said it would withdraw its existing plea offer and make no further offers if the trial were continued.
Held: The Second District affirmed, holding that McGraw entered his guilty pleas knowingly, intelligently, and voluntarily. Although one section of the written plea form mistakenly referred to recommended sentences for Counts 1 and 2, the form elsewhere identified Counts 1 and 3, and the plea colloquy and sentencing entry consistently showed that McGraw pleaded guilty to aggravated burglary and domestic violence.…
Background: The underlying action sought pecuniary and non-pecuniary damages arising from a traffic accident involving death or bodily injury. A civil court of first instance, sitting in its capacity as a commercial court, concluded that the dispute was a commercial case under Articles 4 and 5 of the Turkish Commercial Code and declined jurisdiction in favor…
Held: The Fourth Civil Chamber held that the Council’s redefinition of commercial-court boundaries applied only to actions filed after that decision took effect. Applying it to transfer cases already pending before its effective date would contravene the principle of the natural judge.
Background: Three applicants complained about conditions in Korydallos prison. Stavros Koukouras was detained there from May 2016 to March 2022, Theodoros Kalfakakos from September 2015 to May 2017, and Fabian Rrycka from September 2016 to August 2018.
Held: The Court struck out Kalfakakos’s part of the application under Article 37 § 1 (a), finding that it was no longer justified to continue examining it after the requested information was not provided.
Background: C.G., through Nacin Fernandez, and Psychosocial Rehabilitation Center, Inc., doing business as Fellowship House, Inc., appealed a decision involving Coventry Healthcare of Florida, Inc., doing business as Aetna Better Health of Florida.
Held: The First District Court of Appeal affirmed the agency decision in a per curiam disposition.
Background: Four defendants born in 2007 were charged with terrorism-related offenses. The first defendant allegedly shared 19 Instagram posts expressing support for or encouraging terrorism between May 2025 and April 2026. He and the second defendant were also accused of conspiring in March 2026 to carry out a mass-casualty attack at Beersheba’s central bus station, first…
Held: Supreme Court President Yitzhak Amit dismissed the State’s appeal as to the third and fourth defendants, leaving their electronic-monitoring arrangements in place. Their alleged involvement was comparatively limited, they had no criminal records, suitable supervisors had been approved, and their first detention had been a substantial deterrent. The fourth defendant was not alleged to have promoted terrorist content and had…
Background: M. [B] [W] [U] was placed in pretrial detention on October 19, 2023, while under formal investigation for organized armed robbery and participation in a criminal conspiracy, allegedly as a repeat offender. On October 17, 2025, the liberty and detention judge extended his detention for six months beginning October 19, 2025. The investigating judge subsequently…
Held: The Criminal Chamber dismissed the appeal but modified its earlier approach to detention following reversal of a committal order. It held that Article 5 of the European Convention on Human Rights requires judicial intervention within a short period whenever the law permits detention to continue beyond the duration initially authorized. In a felony case, that period may not exceed three…
Background: Elisa Rayman owned a home in North Bondi adjoining property owned by Janet Brown. During redevelopment of Brown’s property, builder Scopeview Projects Pty Ltd used steel sheet piles as temporary shoring for excavation works. That method had been adopted despite an initial geotechnical engineer’s warning that sheet piling should not be used because vibrations could…
Held: Ward P held that Brown and Scopeview breached their duties of care in relation to the decision to use sheet piling, and that Scopeview was also negligent in carrying out the excavation and shoring works. Brown’s contributory-negligence defence failed. The decision to use sheet piling also breached section 177 because it caused the removal of support from Rayman’s land, although…