Latest Cases

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. 

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. 

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. 

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. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by L'Oréal, SA against the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between Theralab — Produtos Farmacêuticos e Nutracêuticos and L'Oréal, concerning the application by the latter for registration of a figurative sign 'VICHY LABORATOIRES V IDÉALIA' as a European Union trade mark. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Niagara Bottling LLC (Niagara) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, concerning the international registration designating the European Union of the word mark 'NIAGARA', which Niagara sought to register as a European Union trade mark. The General Court upheld the Board's decision that the sign at issue was descriptive of the characteristics of the goods and services in respect of which registration was sought, within the meaning of art 7(1)(c) of Council Regulation (EC) No 207/2009. 

Income tax – Tax advantage. The Court of Appeal, Civil Division, allowed the Revenue and Customs Commissioners' appeal against a finding that it had issued a valid Closure Notice in respect of an enquiry into the taxpayer's corporation tax self-assessment return. The court dismissed the taxpayer's cross-appeal against a finding that the disregard provisions in para 28 of Sch 26 to the Finance Act 2002 had not applied in the circumstances its case. 

Immigration – Detention. In dismissing the appeal of the claimant Nigerian national against the refusal of her application for permission for her claim for judicial review to proceed in circumstances where she had been detained pending deportation, the Supreme Court considered issues arising from the appeal relating, among other things, to the lawfulness of her detention and the policy of the Secretary of State for the Home Department in respect of the detention of the mentally ill pending deportation. 

Landlord and Tenant – Business premises. The Chancery Division ruled that notices served by a tenant of leasehold office premises, notifying the claimants (together the landlord) of its intention to exercise a contractual break clause in the leases, had been valid. The notices had been validly served at the landlord's stated address in accordance with the leases. That address was an 'abode or place of business' because the landlord had, on the true construction of the leases, nominated it as such, and not because the landlord actually abided there or carried on any business there. The court rejected the tenant's contention that s 23(2) of the Landlord and Tenant Act 1927 was of general application to any sort of notice to be served by a tenant and applied to any claim that a tenant might serve. Section 23 was not intended to relate to matters outside that Act.