Latest Cases

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. 

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to Spain to face trial for cannabis trafficking. In particular, the judge had not been wrong to refuse to adjourn the case under s 21B of the Extradition Act 2003, concerning requests for temporary transfer. 

Sentencing – Sexual offences. High Court of Justiciary: Allowing a Crown appeal against sentence in relation to a respondent who was convicted of seven charges involving sexual offences against two former partners and their children, including using lewd practices, indecent assault and anal rape, and on whom the trial judge imposed an extended sentence of 7 years, with a custodial element of 5 years' imprisonment, the court held that the sentences selected had been unduly lenient, the judge having afforded too much weight to the adult complainers' past sexual experience and the existence of prior and continuing sexual relationships, and an extended sentence of 12 years with an overall custodial element of 8 years was appropriate. 

Medical practitioner – Negligence. The Court of Appeal, Civil Division, dismissed the defendant NHS trust's appeal against a finding that its surgeon had negligently caused injury to the claimant's left femoral nerve during the course of an operation. It held, among other things, that, on a close analysis of the evidence, the judge had been entitled to make the findings of fact that he had. 

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. 

Contract – Parties. The Commercial Court dismissed the claimant aviation company's claim regarding the leasing of aircraft from the first defendant company. It held that the claimant had not been party to the agreement under which the proceedings had been brought and, accordingly, was not entitled to sue on it. 

Contempt of court – Alleged contempt in course of commission and diligence. Court of Session: Allowing a reclaiming motion by minuters who sought certain recoveries in relation to a franchise agreement, and who instructed proceedings by way of minute, concerned that there had been major contempt of court in the course of a commission and diligence, the commissioner's report having set out allegations of defiant language and behaviour by the respondents, the court held that the Lord Ordinary had erred in several respects in dismissing the minute. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Infusion Brands, Inc., (Infusion) 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 by Infusion for registration of a figurative sign 'DUALSAW' as a Community trade mark. 

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by K-Swiss Inc., against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning the international registration, designating the European Community, of a figurative mark representing parallel stripes on a shoe. 

Trust and trustee – Constructive trust. The Chancery Division gave judgment in the sum of £727,113.78 against the first defendant on a claim alleging that he, in the course of providing accountancy services for the claimant, had obtained substantial sums of money from the claimant's business and had failed to account for those sums. Among other orders, a declaration was made that the first defendant had received that sum as a constructive trustee on trust for the claimant.