Latest Cases

Bank – Bank loan. The Chancery Division considered the proper interpretation of a trust deed and conditions by which notes (including Class X and Class A to H notes) were issued in four securitisation structures. Each structure concerned loans, which were secured on commercial properties and in respect of which, there had been extensive default. The court held that, on the true construction of the conditions, no account should be taken of additional interest following a default under the loans. Further, the trust deed and conditions together led to the conclusion that, for the purpose of calculating the Class X interest rate after the maturity dates of the Class A to H notes, the unpaid principal of those notes was to be treated as bearing interest at 8% and not a higher rate. 

Practice – Summary judgment. The Chancery Division allowed in part the defendant News Group Newspapers' application to strike out parts of the particulars of claim of one of a number of defendants in phone-hacking proceedings, where two of the eight matters to which the application related could not demonstrate phone-hacking or other improper information-gathering. It allowed the claimants' application to amend generic particulars of claim and held that, among other things, the application to amend had not been made too late in the proceedings. 

Practice – Disclosure. The Commercial Court, ruled, among other things that an unless order was the only way to render effective an earlier order for disclosure by the claimants in circumstances where there had been a previous failure to comply. The order was made in the course of proceedings alleging the breach of an oral agreement concerning the sale of assets. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division refused the claimant solicitor's application for an injunction in order to restrain the release of the six closed files or alternatively their publication and he also sought a delivery up of all nine of the Solicitor Regulation Authority's files to him. The claim was further struck out as disclosing no reasonable grounds for bringing the claim. 

Libel and slander – Identity. The Queen's Bench Division, in determining preliminary issues in a libel claim, held that the second claimant company had only satisfied the objective test of reference to a limited and unimportant extent. However, that limited reference could not satisfy its case on defamatory meaning, as the publication complained of had not conveyed any imputation defamatory of it. 

Patent – Petition for revocation. The Court of Appeal, Civil Division, dismissed the defendant's appeal against the judge's decision that its European patent for a dosage regimen for use of levonorgestrel as a method of emergency contraception was invalid for obviousness. It held that the defendant had sought to characterise the sort of information which a person skilled in the art would know he could look up as a 'species of or extension of … common general knowledge', but that was not correct. It would be taken into account for an obviousness assessment, not because it was in the notional head of the notional person, but because it would be obvious to such a person to look it up. 

Mental health – Court of Protection. The Court of Protection having balanced the competing rights under arts 8 and 10 of the European Convention on Human Rights extended the reporting restrictions order beyond the death of the patient. Guidance was given on the general approach to be taken by the court in response to such applications. 

Elections – Electoral registration. The Divisional Court dismissed the claimants' challenge to the legality under European Union law of s 2 of the European Referendum Act 2015 (s 2), which disenfranchised from the EU referendum British citizens resident abroad last registered to vote in Parliamentary elections in the United Kingdom more than 15 years ago. While s 2 was capable of engaging EU law, it was not a restriction on the rights of free movement enjoyed by the claimants as EU citizens. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Compagnie Gervais Danone (Danone) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between San Miguel, Fabricas de Cerveza y Malta, SA and Danone concerning the application by the latter for registration of a figurative sign 'B'lue' as a European Union trade mark. 

Limitation of action – Accrual of cause of action. In the course of the Kenyan emergency group litigation, the Queen's Bench Division held that issues relating to the pre-1954 time bar, and ss 11, 14 and 32 of the Limitation Act 1980 were to be tried preliminarily. However, the application for the s 33 of the Act preliminary issue to be tried as a preliminary issue would be refused.