Latest Cases

Patent – Infringement. The Chancery Division considered the validity of two claims in a patent dispute concerning a technique to prevent the corrosion of rebars used in reinforced concrete. The court held that claim 1 of the patent, which described a method, was valid but not infringed. However, claim 12 of the patent, which described a product suitable for use in the technique, was invalid. 

Bankruptcy – Sequestration – Disposition of heritable property. Court of Session: In an action which concerned the proper construction of s 44(4)(c) of the Conveyancing (Scotland) Act 1924, in which the trustee on a debtor's sequestrated estate challenged dispositions of five heritable properties by the debtor in favour of the defender, the court held that the dispositions the pursuer challenged were voidable and fell to be reduced (with the possible exception of the disposition of a property which might qualify as the debtor's family home). 

Costs – Order for costs. The Technology and Construction Court made no order for costs on applications by both the claimant company and the defendant company to amend their respective pleadings, which had been allowed in earlier proceedings. Each party was ordered to bear their own cost in circumstances where each party had opposed the other's application to amend their pleadings. 

Practice – Statement of claim. The Technology and Construction Court granted the claimant company's application, at a pre-trial review, to amend its particulars of claim for fees said to be due under contract, and its reply and defence to the defendant company's counterclaim. The court further granted the defendant's application to amend its pleadings after matters had come to light in the disclosure exercise. 

European Union – Value added tax. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things that, art 9(1) of Council Directive (EC) 2006/112 had to be interpreted as meaning that an activity such as that at issue in the main proceedings, whereby a company provided a region with services in respect of the planning and management of the regional health service under the programme agreements concluded between that company and that region, constituted an economic activity within the meaning of that provision. 

Bankruptcy – Sequestration – Grant of standard security over and disposition of heritable property. Court of Session: In an action which concerned the proper construction of s 44(4)(c) of the Conveyancing (Scotland) Act 1924, in which the trustee on a debtor's sequestrated estate challenged a standard security the debtor purported to grant in favour of the defender over four heritable properties and dispositions of three other properties he owned in favour of defender, the court held that the standard security and dispositions which the pursuer challenged were voidable, and fell to be reduced. 

Patent – Infringement. The Patents Court considered a patent relating to the use of anti-PD-1 antibodies in the treatment of cancer. The court rejected a number of objections to the validity of the patent, including lack of novelty, obviousness and entitlement to the first priority date. 

McDougall v HM Advocate 

Heritable property – Forged disposition – Reduction. Court of Session: Allowing a reclaiming motion by a pursuer who challenged the Lord Ordinary's refusal to grant decree of reduction of a forged disposition, the court held that the Lord Ordinary erred in law by adopting the approach of an exercise of discretion: the deed was null and of no effect, and the pursuer was entitled to decree of reduction. In any event, the court would, had the issue arisen, have interfered with the exercise of the Lord Ordinary's discretion. 

Damages – Personal injury. The Court of Appeal, Civil Division, in allowing the defendants' appeal, held that the judge had erred in concluding that the cost of all of the claimant's care and physiotherapy needs should be met by the defendants as their negligence had made the claimant's position materially and significantly worse. The same applied to his decision in relation to accommodation, equipment, transport and holidays. The case was remitted to the judge for him to assess damages in respect of the claimant's heads of loss in the light of the court's judgment.