Latest Cases

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. 

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. 

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. 

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. 

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling, deciding that Council Directive (EEC) 93/13 precluded national legislation, such as that at issue in the main proceedings, which did not permit the court ruling on the enforcement of an order for payment to assess of its own motion whether a term in a contract concluded between a seller or supplier and a consumer was unfair, when the authority hearing the application for an order for payment did not have the power to make such an assessment. 

Building contract – Adjudication. The Technology and Construction Court allowed an application to enforce an adjudicator's decision in circumstances where the dispute between the parties had crystallised by the time the notice of adjudication was issued and the adjudicator had not acted in breach of natural justice in having sought to obtain, and having obtained, further information from the claimant which had not been provided previously. It was wrong in principle to suggest that a dispute had not arisen until every last particular of every last element of the claim had been provided. Further, it was not unfair if an adjudicator was given information during the adjudication which had not previously been available (whether it had been previously requested or not). 

Education – Pupil. The Administrative Court allowed the claimant's application for judicial review of the decisions to transfer him to off-site educational provision and the failure to keep that decision under review. The school had not served the mandatory notice required under reg 3 of the Education (Educational Provision for Improving Behaviour) Regulations 2010, SI 2010/1156 and had failed to conduct mandatory reviews. 

Criminal law – Assisting offender. The Supreme Court allowed the appellant's appeal against conviction for murder, in circumstances where the appellant had allegedly assisted or encouraged another person to commit a murder. The court held that the principle regarding encouragement and assistance expressed in the case of Chan Wing-Siu v R (see[1984] 3 All ER 877) had been wrong. It invited written submissions as to whether to quash the appellant's conviction and order a re-trial, or to quash the conviction and substitute a conviction for manslaughter. 

Family proceedings – Orders in family proceedings. The Family Court made a parental order under s 54 Human Embryology and Fertilisation Act 2008 despite the fact that the surrogacy relating to that order had concerned different parties to the original agreement which had been made with the surrogate in 2012. 

Arbitration – Arbitrator. The Technology and Construction Court ruled on challenges made to an arbitrator's decision in a construction dispute. The court held that the arbitrator's decision that a pay less notice issued by the claimant company had not been a valid pay less notice was correct. The claimant's challenges to the validity of the arbitrator's decision failed, and the defendant company was entitled to summary judgment.