Latest Cases

Solicitor – Negligence. The Court of Appeal, Civil Division, held that, with respect to remoteness, where contractual and tortious duties to take care in carrying out instructions existed side by side, the test for recoverability of damage for economic loss should be the same and should be the contractual one. Although the judge had applied the tortious test for remoteness, the same damages were recoverable applying the test for remoteness in contract. 

Solicitor – Negligence. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of her claim for professional negligence against the defendant solicitor. On the judge's findings of fact, the defendant had been working under a limited retainer and she had not been under a duty to give the broader advice or warnings for which the claimant contended. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by CEDC International sp. z o.o., (CEDC) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks ad Designs), relating to invalidity proceedings between the predecessor to CEDC, Przedsiębiorstwo Polmos Białystok and Fabryka Wodek Polmos Łańcut SA, concerning the registration by the former of a figurative sign consisting of the representation of a bovine animal, depicting the word 'WISENT'. 

Patent – Infringement. The Patents Court considered the claimant company's challenge to a patent that disclosed a second medical use of the drug atomoxetine, also known as tomoxetine, for use in treating ADHD. It held that, among other things, the patent was not obvious and nor insufficient, and hence the claim for revocation would be dismissed. 

Limitation of actions – Prescription. Court of Session: Granting decree of absolvitor in an action in which a company in liquidation sued a firm of solicitors for damages for loss caused by facilitation of fraud, averring that it had instructed the defenders to act in relation to proposed loans to four Gibraltar companies and that £7.3m had been paid out of the defenders' client account to third parties and not to the four companies, the court rejected the defenders' contention that the pursuer had failed relevantly to aver circumstances in which it had sustained any loss as a consequence of anything they had done, but held that the pursuer had failed to aver and prove circumstances entitling it to protection from prescription under s 6(4) or s 11(3) of the Prescription and Limitation (Scotland) Act 1973. 

Income tax – Emoluments – Tax avoidance scheme. Court of Session: Allowing an appeal by the Advocate General, representing HM Revenue and Customs, the court held that a scheme the respondent companies had entered into, involving payments to various trusts and application of the monies so paid, which was designed to avoid payment of income tax and National Insurance contributions in respect of their employees, amounted to a mere redirection of earnings which did not remove the liability of employees to income tax. 

Criminal law – Appeal by Crown. The Privy Council allowed the prosecution's appeal against the decision of the Court of Appeal of the Cayman Islands, quashing the respondent's conviction for possession of an unlicensed firearm. It held that the Court of Appeal's criticisms of the evidence were not justified, as the trial judge had approached the case correctly and there had been no basis for departing from his verdict. 

European Union – Public procurement. The Court of Justice of the European Union dismissed the action brought by Elitaliana SpA (Elitaliana) seeking to set aside of the order of the General Court of the European Union, by which the General Court had dismissed its action for: (i) the annulment of measures adopted by the Rule of Law Mission in Kosovo (the Mission), established on the basis of Council Joint Action 2008/124/CFSP in the context of the award to another tenderer of the public contract entitled 'EuropeAid/131516/D/SER/XK — Helicopter Support to the Eulex Mission in Kosovo'; and (ii) an order that the Mission should pay compensation for the loss sustained as a result of the failure to award that contract to Elitaliana. 

Mental health – Persons who lack capacity. The Court of Protection ordered that it was lawful and in the best interests of a female patient detained under s 3 of the Mental Health Act 1983, due to her diagnosis of schizoaffective disorder, to undergo a total abdominal hysterectomy in circumstances where she lacked capacity to make that decision for herself. The medical evidence was that surgery was in her best interests and the patient strongly wished to undergo the surgery. 

Practice – Order. The Chancery Division held that the applicant's excessive and inexcusabe delay in bringing an application to set aside an order made in proceedings in which he had not appeared was fatal to his application. He was not able to overcome the requirements of CPR 39.3(5).