Latest Cases

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by Mederer GmbH (Mederer) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Cadbury Netherlands International Holdings B V and Mederer, regarding the achievement by the latter of international registration of a figurative mark 'Gummi Bear-Rings' in certain colours. 

Company – Administration. The Court of Appeal, Civil Division, in dismissing the appellant company's appeal against a decision allowing the respondent's appeal against the refusal of his application to be joined as a party to proceedings brought by the appellant, ruled on the construction of the provisions for a moratorium in connection with the administration of a company contained in para 43(6) of Sch B1 to the Insolvency Act 1986. 

Company – Liquidation. The Chancery Division considered an application by the joint liquidators of Longmeade Ltd for directions, pursuant to s 168(3) of the Insolvency Act 1986 in relation to a potential claim in negligence, which they had identified could be made by the company against the Secretary of State for Business Innovation and Skills. Consideration was given to the principles to be applied to the modified regime concerning the commencement of proceedings by a company in compulsory liquidation post-26 May 2015. 

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to Romania to serve a sentence of five years and ten months' imprisonment for aggravated burglary. After giving guidance on s 20 of the Extradition Act 2003, it held that, if the judge had wrongly found the appellant had deliberately absented himself from trial, he would have been obligated to have concluded that the appellant would be entitled to a retrial. 

Insolvency – Liquidator. The Chancery Division held, among other things, that the defendant liquidator was not liable to the claimant firm of solicitors (the firm) for its charges, basic costs and uplift or for interest on unpaid or late payment of disbursements in respect of work done, pursuant to a conditional fee agreement (CFA), in respect of the liquidation of a company. A letter sent to the Firm by the liquidator and its acceptance by the Firm's principal, had had the effect of importing into the conditional fee agreement that recovery of assets into the estate was a precondition to the firm rendering an invoice to the liquidator for work done by the Firm. 

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 24 of Directive (EC) 2004/38, and art 4 of Regulation (EC) No 883/2004, as amended by Commission Regulation (EU) No 1244/2010, should be interpreted as not precluding legislation of a member state under which nationals of other member states who were in a situation such as that referred to in art 6(1) of that directive were excluded from entitlement to certain 'special non-contributory cash benefits' within the meaning of art 70(2) of Regulation 883/2004, which also constituted 'social assistance' within the meaning of art 24(2) of Directive 2004/38. 

Arbitration – Award. The Family Division following an application by the husband, held that an arbitration award be made an order of the court following the parties' family financial dispute resolution under the family law arbitration scheme. 

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. 

Town and country planning – Established use. The Planning Court dismissed the claimants' appeal against the decision of the inspector appointed by the first defendant Secretary of State, dismissing the second claimant's appeal against the second defendant local planning authority's failure to give notice within the prescribed period of its decision on her application for a certificate of lawful use. The alleged use of the premises had not been an existing use, but an historic use. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by provima Warenhandels Gmbh (provima) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), concerning invalidity proceedings between provima and Renfro Corp., regarding the achievement by the latter of protection of its international registration of the word mark 'HOT SOX'.