Latest Cases

Practice – Appeal. The Queen's Bench Division dismissed an appeal of the defendant to a money judgment in favour of the claimant debt collection company as there had been no basis for the case being before the High Court. Although the defendant had made a number of without merit applications the court would not made a Civil Restrain Order against the defendant as the case was at an end. 

Claim form – Service. The Queen's Bench Division allowed the defendant's application to set aside judgment in default entered against him. There was nothing to indicate that the claim form had been posted to him. The claimant's contention that the application should not be allowed, because he had been unable to apply for summary judgment because of the failure of E to acknowledge service, would be rejected. 

Landlord and tenant – Repair. The Court of Appeal, Civil Division, held, among other things, that the judge had been wrong to treat a lessee's non-occupation of his flat during most of a period of disrepair as fatal to his claim for his compensation for loss of amenity. It was not a fatal obstacle to a claim for damages for that impairment in the lessee's rights that the lessee might have chosen not to make full use, or even any use, of them during part of even all of the relevant period, for reasons unconnected with the disrepair itself. 

Town and country planning – Permission for development. The Planning Court dismissed the claimants' challenge to the decision of the inspector appointed by the defendant Secretary of State to grant planning permission to the interested party. On the proper interpretation of 'person aggrieved' in s 288(1)(b) of the Town and Country Planning Act 1990, the claimant's had no standing, as they had not made objections or representations during the appeal procedure. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 13B(d)(6) of Sixth Council Directive (EEC) 77/388, as amended by Council Directive (EEC) 91/680. The request had been made in proceedings between the Netherlands State Secretary for Finance and Fiscale Eenheid X NV cs, concerning a notice of additional assessment to VAT issued to Fiscale Eenheid X NV cs in respect of 1996. 

Building contract – Construction. The Technology and Construction Court considered preliminary issues relating to liability for negligence in the defendants' alleged failure to discover asbestos contamination on a development site. The court made rulings as to the correct interpretation of the relevant agreements. 

Practice – Striking out. The Court of Appeal, Civil Division, dismissed the defendant Metropolitan Police Commissioner's appeal against the judge's refusal to strike out the claimants' case. It was impossible to characterise the judge's decision as perverse. 

Conflict of laws – Jurisdiction. The Queen's Bench Division made a decision in relation to which law applied to an accident that had occurred in France involving and uninsured French Driver and two British Nationals. In making that decision in two actions in which the Motor Insurance Bureau was a defendant, he court considered Regulation 864/2007 and Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 SI, 37/2003. 

Trade mark – Community trade mark. The Chancery Division dismissed an appeal against the decision of a hearing officer dismissing the claimant company's application, under s 47 of the Trade Marks Act 1994, for a declaration of invalidity of a trade mark registration for a sign 'Gutterclearuk' in the defendant's name. The hearing officer had not erred in principle and her decision that there was no likelihood of either direct or indirect confusion and that the defendant company had not acted in bad faith in filing its trade mark application had been open to her. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Continental Reifen Deutschland GmbH (Continental) against a decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Compagnie générale des établissements Michelin and Continental concerning the application by the latter for registration of a figurative sign 'XKING' as a Community trade mark.