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. 

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. 

Human rights – Right to liberty and security. The Administrative Court dismissed the claimant's application for damages for unlawful detention, following the decision of the Court of Appeal, Criminal Division, that his sentence of imprisonment for public protection had been beyond the judge's powers. Although the judge had made a mistake about her sentencing powers, the claimant's detention under her order had been lawful and not arbitrary. Further, he had been provided a reasonable opportunity to demonstrate rehabilitation. 

Insolvency – Trust deed for creditors. Court of Session: In an action in which the issue was whether or not the trust comprised in a trust deed for creditors granted by the second pursuer came to an end on the trustee making what he described as a 'first and final' distribution of 22.41 pence in the pound to creditors, the court held that the meaning in cl (11) of the words 'the final distribution of my Estate . . . by my Trustee in accordance with this Trust Deed' to be preferred as being more consistent with business common sense was the meaning the pursuers contended for, and accordingly when the trustee made a payment of what he deemed to be a final dividend on 5 November 2010 the trust terminated at that time. 

Patent – Infringement. The Court of Appeal, Civil Division, allowed an appeal against the quantification of an account of profits following an earlier finding that the defendant had infringed the claimants' patent for a snap-in insert that attached to shop display panels. The judge had erred in his approach to apportionment of the overall profit made by the defendant and had further erred in his assessment of the deduction of general overheads. 

Professional misconduct – Disciplinary proceedings. The Administrative Court dismissed the appellant's appeal against the decisions of the Conduct and Competence Committee Panel (the panel) of the respondent Health and Care Professions Council, that her fitness to practise as a social worker was impaired by reason of her misconduct, and making a striking off order, removing her name from the register. The panel's factual findings with respect to two allegations had been supported by evidence and its decision on sanction had been lawful. 

Legal aid – Legal fees. The Queen's Bench Division held that the claimant was entitled to recover payment on account made to the defendant solicitors firm in accordance with Legal Services Commission v Loomba and s 3(1) of the Access to Justice Act 1999. 

Value added tax – Penalty. The Upper Tribunal (Tax and Chancery Chamber) dismissed the appeal by Marsdens Caterers of Sheffield (Marsdens) against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) by which the FTT had dismissed Marsdens challenge to a default surcharge imposed on it by the Revenue and Customs Commissioners in respect of late payment of VAT for the relevant period. 

Criminal evidence – Hearsay. The Court of Appeal, Criminal Division, held that the judge had not erred in having exercised her discretion, pursuant to s 126 of the Criminal Justice Act 2003, to exclude the hearsay confession of a deceased man. In the circumstances, the case for exclusion had been overwhelming. The defendant's convictions for two counts of rape, two counts of robbery and one count of indecent assault, were, accordingly, safe. 

Trade mark – Infringement. The Chancery Division allowed the claimant companies' application for a website-blocking order, where websites operating through the defendant internet service providers had been allegedly selling counterfeit goods in breach of the claimants' trade marks. The court held that, in the circumstances, the claimants' application complied with the criteria for the grant of a website-blocking order set out in the case of Cartier International AG v British Sky Broadcasting [2015] 1 All ER (Comm) 641.