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 – 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. 

Charity – Registration. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appellant's appeal against the finding of a judge that the appellant lacked standing to appeal against a decision by the respondent Charity Commission not to remove certain charities from the Register of Charities. The court held that, among other things, the appellant could not be considered to be a person affected by the decision for the purposes of the Charities Act 2011. 

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. 

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. 

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. 

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. 

Child – Negligence. The Queen's Bench Division dismissed the claimants' case against the local authority and the former foster parents on the basis that all allegations of physical and emotional abuse and negligence had not on the facts been made out. 

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. 

Town and country planning – Development. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of its claim for judicial review of the grant of planning permission by the respondent local planning authority for development proposed by the interested party. It held, among other things, that the authority had not, in any respect, misinterpreted relevant national and local policy or applied it unlawfully.