Latest Cases

European Union – Trade Marks. The General Court of the European Union dismissed the action brought by Information Resources, Inc., against a decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), concerning an application for registration of the word sign 'Growth Delivered' as a Community trade mark. 

Libel and slander – Preliminary point of law. The Queen's Bench Division, in determining preliminary issues in the claimant's defamation proceedings, set out the meanings of the words complained of in 25 broadcasts, finding that the claimant's meanings were, in the main, borne out. It also determined whether they were fact or comment and their varying degrees of certainty. 

Practice – Pre-trial or post-judgment relief. The Chancery Division dismissed the claimants' applications for orders freezing assets allegedly held by the defendant companies, following a failed attempt to develop property in Georgia. The court held that there was no real evidence that the defendants held the assets claimed in the English and Welsh jurisdiction, and that it was not satisfied that any order it made would be effective to freeze assets that the defendants might have in Latvia. 

Minor – Removal outside jurisdiction. The Family Division decided that, in circumstances where the applicant father had never seen his child and was not named on her birth certificate nor had parental responsibility for her, it was not appropriate for a wardship order to continue or that the mother of the child should be compelled to return her to England and Wales. 

Solicitor – Costs. The Court of Appeal, Civil Division, allowed an appeal of a solicitors' firm (Edmondson) against the dismissal of its claim against the respondent insurance company (Haven) in respect of Haven's conduct in settling on an inclusive basis personal injury claims directly with six clients with whom Edmondson had concluded conditional fee agreements, thereby depriving Edmondson of its costs. Haven had entered into each compromise agreement with notice of Edmondson's entitlement and the principle of equitable intervention required that Haven pay to Edmondson in each case the sums payable on settlement under the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. 

Public procurement – Competitive tendering procedure – 'Extreme urgency' exception – Damages. Court of Session: Refusing a reclaiming motion and cross-appeal in an action in which the pursuers alleged that the defenders had breached the Public Contracts (Scotland) Regulations 2006 when purchasing de-icing salt for roads over the severe weather winters of 2009/10 and 2010/11, and the defenders relied on extreme urgency to justify derogation from the tender procedures otherwise required, the court held that the commercial judge, who found in favour of the defenders, had not erred in his decisions on the merits, damages or expenses. 

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. 

Minor – Removal outside jurisdiction. The Family Division refused the mother's application to vary an order made under the Hague Convention on the Civil Aspects of International Child Abduction returning her child to Holland without her, by extending the time of return in order for the mother to travel with the child. 

Town and country planning – Permission for development. The Administrative Court allowed the claimant local planning authority's application to quash the decision of the first defendant Secretary of State, allowing the second defendant's appeal against the refusal of planning permission for 121 dwellings. The inspector's decision letter demonstrated a series of errors in his approach to saved policies. 

Proceeds of crime – Civil recovery of proceeds of unlawful conduct. The Court of Appeal, Civil Division, dismissed the appeal of S against a civil recovery order made in respect of two properties. It held, among other things, that there was no proper basis for concluding that, on the facts, a recovery order in respect of the properties would violate S's rights under art 1 of the First Protocol to the European Convention on Human Rights. Such an order would not be disproportionate to the legislative aim and would not produce an unfair balance between the general interest of the community and the protection of S's fundamental rights or cast on her an excessive burden.