Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought the Coca-Cola Company (Coca-Cola) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning proceedings by Coca-Cola for the registration as a Community trade mark of a three-dimensional sign consisting of the shape of a contour bottle without fluting. 

Insurance – Compulsory insurance of motor vehicles. The Mercantile Court ruled that the claimant insurer of the first defendant's car, which had caught fire at his place of employment while being repaired, causing damage to the employer's premises and the adjoining premises, was entitled to a declaration that the first defendant's car insurance policy, did not cover a claim (the claim) by the employer's insurer against the first defendant for an indemnity in respect of the sums it had paid out as a result of damage caused by the fire. It was not a 'normal function' of a car to undergo repair. The repair that had been undertaken to the car did not amount to 'using' the car, within the meaning of the car insurance policy. Accordingly, the policy did not respond to the claim. 

Town and country planning – Permission for development. The Administrative Court dismissed the claimant's application for judicial review of the defendant local planning authority's grant of planning permission to the interested party for a crematorium within the Green Belt. There had been no error of law in the decision-making process on the part of the authority. 

Value added tax – Supply of goods or services. The Upper Tribunal (Tax and Chancery Chamber) ruled on appeals by Bratt Auto Contracts Ltd (BAC), Bratt Auto Services Ltd (BAS) and the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) by which it had determined a preliminary issue in related appeals against the rejection by the Revenue of the respective VAT repayment claims of BAC and BAS. 

Shipping – Bill of lading. The Court of Appeal, Civil Division, in dismissing the appeal, held that any case, in which a bill of lading was issued in 2008 incorporating the Hague Rules as enacted in the country of shipment and in which the country of shipment had (as in the present case) enacted the Hague-Visby Rules, should be regarded as a case which was subject to the Hague-Visby Rules, rather than the (old) Hague Rules. 

Negligence – Duty to take care. The Queen's Bench Division held that there had been a breach of duty in the failure to treat and diagnose the claimant's injury. The examining doctor had not undertaken an examination which had addressed and elicited responses in relation to all three tests in the guidelines and therefore, his examination had fallen below the requisite standard of care in order to satisfy to the Bolam test. 

Town and country planning – Permission for development. The Planning Court dismissed the claimants' challenge to the decision of the inspector appointed by the Secretary of State, dismissing the first claimant's appeal against the second defendant local planning authority's refusal to grant fresh planning permission with new conditions so as to regularise the on-going use of the site by the claimants' families as a gypsy caravan site. In particular, the inspector had not failed to distinguish between availability and suitability of alternative sites. 

Trust and trustee – Shares in company. The Chancery Division dismissed the claimant's claim that an establishment created by his grandmother, O, to hold assets of hers had been part of her estate, or that she had retained the right to control the founder's rights in the establishment. Further, the court held that the establishment, and the foundation that replaced it, had not held its entire interest in certain shares on trust absolutely under Liechtenstein law for the trustees of O's trust. 

Administrative law – Judicial review. The Divisional Court dismissed the claimant's application for judicial review of KPMG's approval of Barclays' offer of compensation for mis-selling certain interest rate hedging products. KPMG's duties had not had sufficient public law flavour to render it amenable to judicial review. 

Negligence – Defective premises. The Queen's Bench Division dismissed the claimant's appeal from a decision of a master granting the defendants summary judgment on the claimant's claim under the Occupiers' Liability Act 1957 and s 4 Defective Premises Act 1972 in respect of the death of her husband. There had been no real prospect of success on any part of the claim and summary judgment had been properly granted.