Latest Cases

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. 

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. 

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 – 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. 

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. 

Charity – Gift aid. The Chancery Decision granted the Charity Commission of England and Wales a declaration that interim managers of a charity (the Cup Trust) should be at liberty to discontinue an appeal against the Revenue and Customs Commissioners' rejection of its claims for Gift Aid on donations from certain taxpayers, in respect of a tax avoidance scheme. The Charities Act 2011 made it clear that interim managers had the functions that were defined by the order of the Charity Commission that appointed them, and they operated under the supervision of the Charity Commission and not the court. However, there would plainly be some situations in which the court did need to become involved and in the present case, the decision to discontinue was within the range of decisions to which rational charity trustees could properly have come. 

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. 

European Union – Public procurement. The General Court of the European Union ruled on an application by European Dynamics Luxembourg SA and other companies for annulment of the decision of the European Union Intellectual Property Office to reject their tender for supply to EUIPO of IT services and all other related decisions. The General Court held that in the light of instances of unlawful conduct of substance and form found to have occurred in the context of the first, second and third pleas in law, the decision to reject the tender would be annulled in its entirety. 

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.