Latest Cases

Bank – Regulation of financial services. HSBC, through the applicants, HSBC Bank plc and HSBC UK Bank plc, was the fourth of the five major UK banks to apply for the court's sanction of a ring-fencing scheme (the scheme) under Pt VII of the Financial Services and Markets Act 2000. The Chancery Division, in granting the application, ruled that the statutory pre-conditions for the sanction of the scheme had been, or would be, satisfied, and that it was appropriate for the court to sanction it. The court also approved certain ancillary orders which had been sought.

European Union – Trade marks. The Fourth Board of Appeal of the European Union Intellectual Property Office had been entitled to find that the word sign applied for, namely 'ST ANDREWS', could not be registered as an EU trade mark, being incompatible with the absolute ground of refusal set out in art 7(1)(c) of Council Regulation (EC) 207/2009, as amended. Accordingly, the General Court of the European Union dismissed the appeal by St Andrews Links Ltd, established in the UK, against the Board's decision to refuse registration of that mark in relation to certain services in Class 41 of the Nice Agreement (concerning the international Classification of Goods and Services for the Purposes of the Registration of Marks).

Divorce – Financial provision. Following divorce, the applicant wife was awarded 24.32% of the respondent husband's net assets of £38,274.048. The Family Division held that the award to be made had to be the greater of the sharing or needs-based valuation and thus the appropriate award for the wife was £9.31m pursuant to the sharing principle. When making its decision, the court considered the wife's contribution to the husband's business together with the standard of life that the parties had enjoyed, the parties' pre-marital relationship and children of the family.

European Union – Trade marks. The Fourth Board of Appeal of the European Union Intellectual Property Office had been entitled to find that the word sign applied for, namely 'ST ANDREWS', could not be registered as an EU trade mark, being incompatible with the absolute ground of refusal set out in art 7(1)(c) of Council Regulation (EC) 207/2009, as amended. Accordingly, the General Court of the European Union dismissed the appeal by St Andrews Links Ltd, established in the UK, against the Board's decision to refuse registration of that mark in relation to certain services in Class 41 of the Nice Agreement (concerning the international Classification of Goods and Services for the Purposes of the Registration of Marks).

Landlord and tenant – Tenancy agreement. The appeal of the appellant charity and registered mutual society succeeded, in a dispute in which the appellant sought to carry out renovations at a property inhabited by the respondent tenant. The Chancery Division held that, on the correct interpretation of the tenancy agreement, the appellant had a right of access for the purpose of performing improvement works.

Company – Administration. The applicant joint administrators' application for a declaration that they had been validly appointed succeeded, in a case concerning the administration of a company formed to develop property in London. The Chancery Division held that, among other things, r 3.24 of the Insolvency Rules 2016, envisaged two separate stages in appointment, namely: (i) an act by the company or directors; and (ii) a filing of a notice, which was conceptually separate. The appointment only became effective when the administrators took office, which they could only do once the notice had been filed with the court.

Valuation – Hereditament. There was more than enough evidence to establish that the property was part of a highway and the appellant local authority was not in rateable occupation of the property. Accordingly, the Upper Tribunal (Lands Chamber) allowed the authority's appeal against the decision of the Valuation Tribunal for England, dismissing its appeal against the valuation officer's decision to enter a property on the rating list.

Capital gains tax – Disposal of assets. The Court of Appeal, Civil Division, in dismissing the appellant taxpayer's appeal, held that enterprise investment scheme relief applied in priority to taper relief, when calculating capital gains tax, in a case in which the asset disposed of had been used for both business and non-business purposes.

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division held the claimant in a personal injury action was entitled to summary judgment against the second defendant in that she had had a contract with the second defendant which had been breached and that breach had caused her injuries. 

Occupier's liability – Visitor. The Court of Appeal Civil Division dismissed the defendant's appeal against a finding of a recorder that the claimant's accident had been caused by the defendant's breach of duty of care and/or breach of s 2 of the Occupiers Liability Act 1957.