Latest Cases

Libel and slander – Defamatory words. The Queen's Bench Division dismissed the defendant newspaper's application for a ruling that the article was not capable of bearing the meaning pleaded by the claimant and that the articles did not bear any meaning defamatory of the claimant band member. The statement was capable of having the meaning attributed to it by the claimant and the statement was capable of being defamatory of the claimant. 

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. 

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. 

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. 

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. 

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal regarding deportation of the respondent, who was an EEA national with a permanent right of residence in the United Kingdom. The court held that, on the true construction of the legislative scheme and case law from the Court of Justice of the European Union, a permanent right of residence would not be lost merely by reason of criminality or a resulting sentence of imprisonment. 

Contract – Shipping contract. The Commercial Court, in allowing the claimant's appeal, held that, where a buyer of free on board (FOB) goods nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause, he was required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel. On the facts and on the true construction of the contract between the parties, the defendant buyer's nomination of a substitute vessel to take delivery of a cargo of maize had been invalid, it was in default and its claim to have validly nominated a substitute vessel so that the claimant had not been entitled to terminate the contract for sale failed. 

European Union – Regulations. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things that, the concept of 'economic activity' within the meaning of art 1(5) of Council Regulation (EC) No 1/2005, should be interpreted as meaning that it covered an activity, such as that at issue in the main proceedings, relating to the transport of stray dogs from one member state to another by a charitable association in order to hand over those dogs to persons who had undertaken to adopt them after payment by those persons of a sum covering, in principle, the costs incurred for that purpose by that association. 

Town and country planning – Appeal to Minister against refusal of permission for development. The Planning Court held that the defendant Secretary of State did not have power to review or revoke his decision on an appeal under s 78 of the Town and Country Planning Act 1990 or a prior recovery direction, notwithstanding that the recovery direction was unlawful. Further, his decisions against the claimants had not been a nullity and the second claimant's reasons challenge to the Secretary of State's decision failed. 

European Union – Consumer protection. The Court of Justice of the European Union made a preliminary ruling, deciding that art 4(1)(2) of Directive (EC) 2004/39 had to be interpreted as meaning that, subject to verification by the referring court, an investment service or activity within the meaning of that provision did not encompass certain foreign exchange transactions, effected by a credit institution under clauses of a foreign currency denominated loan agreement such as the one at issue in the main proceedings, consisting in fixing the amount of the loan on the basis of the purchase price of the currency applicable when the funds were advanced and in determining the amounts of the monthly instalments on the basis of the sale price of that currency applicable when each monthly instalment was calculated.