Latest Cases

Bond – Issue of. The Commercial Court, ruling on a preliminary issue concerning the validity of a mandatory conversion notice by the defendant, issued in respect of US$70m 2.5% convertible bonds, held that the notice had been valid. 

Criminal law – Sentence. The Court of Appeal, Criminal Division, held that a total sentence of five years' imprisonment, for the offences of assault occasioning actual bodily harm and causing a person to engage in sexual activity without consent, had been unduly lenient. A total sentence of seven years' imprisonment would be more appropriate in the circumstances. 

Executor and administrator – Administrator. The Chancery Division dismissed an application by the claimants, who were the former administrators of a holiday park, for an order that the unpaid balance of their remuneration should be charged on and payable out as a sum of £62,646.06. The court held that the payment in issue was not an asset, and could not be subject to the charge as sought. 

Immigration – Refugee. The Administrative Court dismissed the claimant Iranian nationals' challenge to the defendant Secretary of State's certification of their asylum claims on safe third country grounds and certification of their human rights claims as clearly unfounded. Although articles other than art 3 of the European Convention on Human Rights and art 4 of the Charter of Fundamental Rights of the European Union could be prayed in aid to prevent returns under Council Regulation (EC) 343/03 (Dublin II), there was no flagrant breach of art 5 of the Convention in Cyprus for Dublin returnees who had had a final decision on their claim. 

Criminal law – Proceeds of crime. The Court of Appeal, Criminal Division, quashed the appointment of an enforcement receiver over their realisable assets of the appellant company and individual defendants, and allowed the defendants' appeals against confiscation orders, following their guilty plea to conspiring to making false instruments in their road haulage company. The orders had involved the unjustified application of the doctrine of lifting the corporate veil. 

Disclosure and inspection of documents – Pre-action disclosure. The Chancery Division dismissed the applicant's application for pre-action disclosure with a view, subject to what the disclosure revealed, to bringing proceedings for conspiracy against the respondents. Disclosure would not assist the dispute to be resolved without proceedings. 

Criminal law – Trial. The Court of Appeal, Criminal Division, found that the first defendant had been fit to plead at his trial for burglary and dismissed his appeal. However, the second defendant's delusional beliefs would have affected his ability to understand the proceedings and to give evidence at his trial for breach of a restraining order. Accordingly, his conviction was quashed and substituted by a finding he had done the acts charged, and a hospital order with a restriction order without limit of time was made. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Tayto Group Ltd (Tayto) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Tayto concerning the application by the latter for registration of a figurative sign 'REAL HAND COOKED' as a Community trade mark. 

European Union – Regulations. The General Court of the European Union dismissed the claim by Mr Mahmoud Jannatian for compensation in respect of non-material damage, following the removal of his name from certain lists of persons and entities associated with Iran which were subject to restrictive measures. The Court decided that the condition relating to actual damage had not been satisfied in the present case, and that, in any event, the non-material damage suffered by the applicant had been adequately compensated for by the finding that the restrictive measures taken against him had been unlawful. 

Company – Winding up. The Chancery Division dismissed an application to restrain presentation of a winding up petition based upon a statutory demand which had been served by the respondent on the applicant company, alleging indebtedness under what was called a rating agreement. In the circumstances, there was no realistic chance of the applicant establishing anything remotely approaching a substantial dispute in relation to liability under the agreement.