Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Research Engineering & Manufacturing, Inc. (REM) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market relating to invalidity proceedings between Nedschroef Holding BV and REM, concerning the application by the latter for registration of the word sign 'TRILOBULAR' as a Community trade mark. 

Landlord and tenant – Lease. The Court of Appeal, Civil Division, held that, once one had arrived at the conclusion that a previous decision of the Upper Tribunal (Lands Chamber) was admissible evidence of what it had decided, then, in the absence of guidelines laid down by the Upper Tribunal itself, it was a question of what weight a subsequent tribunal should give it. No doubt the extent to which the previous decision was a decision on general points of interest, rather than specific facts and the cogency of the reasoning would impact on the weight to be given to a particular decision, but that was a matter for the subsequent tribunal. 

Contempt of court – Witness – Failure to attend trial diet. High Court of Justiciary: Passing a bill of suspension brought by a complainer who was the victim of an assault and was cited as a witness to give evidence at the trial of his alleged assailant but who failed to attend the trial diet and was found to have been in contempt of court, the court concluded that in the particular circumstances of the case—namely that the night before the court diet the complainer's eight‑year‑old son had had an accident requiring surgery for a broken shoulder bone—the high test for contempt had not been met, and it quashed the finding of contempt. 

Criminal procedure – Bail conditions – Right to respect for private and family life. High Court of Justiciary: In the case of an accused who, after pleading not guilty to, inter alia, assaulting his girlfriend, was admitted to bail subject to special conditions that he should not enter the street where she lived or attempt to contact her, and who appealed against a sheriff's refusal of his application to vary the bail conditions and presented a compatibility minute averring that the complainer did not wish him to be subject to the special conditions and that his and her rights under art 8 of the European Convention on Human Rights had been breached, the court proceeded on the basis that the accused and complainer had art 8 rights which were sufficiently engaged but held that they had not been infringed; that the existing procedures in relation to bail applications of the kind under consideration were convention-compliant; and that while the complainer had no right to be represented in court or to address the court that did not mean that there was no mechanism for drawing her views to the court's attention. 

Sentencing – Supply of drugs. High Court of Justiciary: Refusing an appeal against sentence by an appellant who pled guilty to a charge of supplying heroin and was sentenced to 13½ years' imprisonment, discounted by 25% from 18 years for the early plea, the court held that any error the sentencing judge made in relation to the volume of dealing fell into the de minimis category when the overall amounts were realised, and the final sentence arrived at was a reasonable one in all the circumstances. 

Personal injury – Vicarious liability – Employer and employee. Sheriff Court: Refusing an appeal against a sheriff's decision by a pursuer who sustained injuries as a result of an accident in the course of his employment with the defenders when a hammer a manager had thrown at another employee struck him on the head, the court concluded that the sheriff had not erred in deciding that the defenders were not vicariously liable for the act of the manager, their employee, as it could not be said that his reckless act occurred in the course of his employment. 

Crown – Prerogative. The Administrative Court quashed the defendant Secretary of State's decision to refuse to renew the claimant's passport. In the unusual circumstances, the passport office had been duty bound to proceed on more than the information supplied by the Office of National Statistics, as other information had also been relevant and ought to have been considered. 

Insurance – Liability insurance. The Commercial Court allowed the defendant French insurance company's application, in which it disputed the jurisdiction of the English court to hear and determine proceedings brought the claimant insurance company. The court had no jurisdiction pursuant to either art 7(1) or (2) of Council Regulation (EU) 1215/2012 and the proceedings had to be dismissed. 

Bankruptcy – Trustee in bankruptcy. The Bankruptcy High Court granted the applicant discharged bankrupt permission to bring an action against the respondent, the released joint trustee in bankruptcy, under s 304 of the Insolvency Act 1986 for an order that he repay, restore or account for money or pay a sum by way of compensation in respect of misfeasance or breach of fiduciary duty in carrying out his functions as trustee. There was evidence to suggest that the applicant had a reasonably meritorious cause of action against the respondent on the basis of his having incurred and paid legal fees in excess of what he had had authority to incur. 

Family Proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, dismissed a father's appeal against the recorder's dismissal of his application to enforce indirect contact with his children. The recorder could not be criticised for having rejected an application for 'enforcement' which, in the circumstances, had not been capable of effective enforcement.