Latest Cases

Minor – Abduction. The Family Division dismissed the mother's application to strike out the father's application under the Hague Convention for the return of his children to Spain from England. It was generally inappropriate for the courts to entertain an application to strike out a summary application under the Convention, save in the exceptional circumstances which were not present in the instant case. 

Practice – Pre-trial or post-trial judgment relief. The Queen's Bench Division granted summary judgment to the applicant investors (members of the Davies Group) who had invested in a Caribbean development scheme. It ruled that the applicants were entitled to the sum that the respondents (directors of Harlequin Property (SVG) Ltd) had agreed to pay in a settlement agreement made with them in October 2014. That settlement had arisen out of the applicants' claim that they had been induced to enter contracts concerning the development. The court held that the respondents' subsequent claim that they had been induced to enter into the settlement agreement by misrepresentation had no realistic prospect of success and had all the hallmarks of an attempt by the respondents to avoid their obligations under the agreement. 

Claim form – Service. The Chancery Division allowed the first defendant's application to set aside an order that had granted the claimant South African solicitors' firm an extension of time to serve its claim form. The court held that the claimant's efforts at service of the claim form had been wholly inadequate, and it had not come close to persuading the court that it ought to exercise its jurisdiction an extend time for service. There was no good reason to authorise service by an alternative method or at an alternative place, and no circumstances that would make it appropriate to dispense with service of the claim form. 

Warranty – Breach. The Chancery Division allowed the claimant company's claim in part, where there had been breaches of warranty at a number of warehouses which the claimant had purchased. The court held that the claimant was entitled to recover various sums for breaches of warranty and for professional fees, totalling £497,186.52. 

Pension – Occupational pension scheme. The Chancery Division, in allowing the appellant's appeal, considered the definition of 'transfer credits' in s 181(1) of the Pension Schemes Act 1993. It held that the pensions ombudsman had wrongly construed the definition of the phrase and, consequently, the appellant had been entitled to require the respondent mutual insurance society to transfer the cash equivalent of her accrued rights under her personal pension scheme, so that she would be awarded transfer credits in relation to her occupational pension scheme. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Infinite Cycle Works Ltd (ICWL) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Chance Good Ent. Co., Ltd, and ICWL, regarding the application by the latter for registration of the word mark 'INFINITY' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union ruled on two actions brought by Harrys Pubar AB (HP) and Harry's New York Bar SA (HNYB) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (joined Cases R 1038/2012-1 and R 1045/2012-1), relating to opposition proceedings between HP and HNYB concerning the application by the latter for registration of the word mark 'HARRY'S NEW YORK BAR' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union ruled on two actions brought by Harrys Pubar AB (HP) and Harry's New York Bar SA (HNYB) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (joined Cases R 946/2012-1 and R 995/2012-1), relating to opposition proceedings between HP and HNYB concerning the application by the latter for registration of the word mark 'HARRY'S BAR' as a Community trade mark. 

Insolvency – Bankruptcy. The Chancery Division dismissed the appellant's appeal against an order that his discharge from bankruptcy be suspended for 12 months. Even if one removed from consideration the failure to cooperate in the provision of particular bank statements, a 12-month suspension was entirely appropriate looking at the appellant's breaches of obligation in the round. 

Arbitration – Arbitrator. The Commercial Court allowed the claimant company's application for an order that the first defendant be removed as arbitrator from an ongoing arbitration between the claimant and the second defendant, pursuant to s 24(1)(a) of the Arbitration Act 1996, where, on the facts, an allegation of apparent bias had been made out.