Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Aeronautica Militare — Stato Maggiore (Aeronautica) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) concerning opposition proceedings between Aeronautica and Creative Brands Marken GmbH regarding the application by the latter for registration of the figurative sign 'TRECOLORE' as a Community trade mark. 

Town and country planning – Permission for development. The Planning Court rejected the claimant's application for judicial review of the defendant local planning authority's decision to grant the interested party planning permission for a residential-led mixed use development. Its conclusions included that there had been no erroneous approach to emerging policy, no breach of statutory duty and no procedural unfairness. 

Family proceedings – Orders in family proceedings. The Family Division allowed an application by the Trust to progressively exubate an 8 month old child and not reventilate her if she deteriorated. The benefits to the child of continued treatment consisted only in the prolongation of her life by intensive medical intervention. The burdens, which only she had to bear, were considerable. 

Evidence – Foreign tribunal. The Queen's Bench Division allowed the applicant's application made under s 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 to allow the Westminster Coroner to release blood and other samples taken from the body of the deceased so that they might be sent for testing at the Bureau of Forensic Medical Examination in Moscow in accordance with an order of a Russian court, in order to prove the applicant's paternity. 

European Union – Trade marks. The General Court of the European Union partly upheld the action brought by The Smiley Company SPRL (Smiley) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) concerning opposition proceedings between the examiner and Smiley regarding the application by the latter for registration of a trade mark of a three-dimensional sign comprising the shape of a face. 

Town and country planning – Permission for development. The claimant Romany Gypsy challenged the decision of the inspector appointed by the first defendant Secretary of State, dismissing his appeal against the second defendant local planning authority's refusal of planning permission for the change of use of land to a single pitch Gypsy site for one mobile home and one touring caravan. The Planning Court, in dismissing the application, held that the inspector's decision had been one which had been free of any legal error. 

Sentence – Mandatory life sentence. The Administrative Court, reduced the offender's tariff of 17 years and 1 month for murder by ten months, as the offender's progress had been exceptional. 

Limitation of action – Period of limitation. A judge had determined that a standstill agreement between the parties, which provided that time would be suspended for the purposes of any limitation defence in relation to claims made by the claimant, did not have the effect of suspending time in relation to the claimant's claims in deceit. The Court of Appeal, Civil Division, allowed the claimant's appeal as, on the proper construction of that agreement, the claims in dishonesty arose indirectly from the background to the claims as set out in the agreement. 

Landlord and tenant – Leasehold enfranchisement. The Court of Appeal, Civil Division, allowed the claimant's appeal against the judge's decision that the premises in issue did not constitute a house within s 2(1) of the Leasehold Reform Act 1967, so that the claimant was not entitled to enfranchise. Claims to enfranchise buildings comprising shops with accommodation above should not be dismissed for non-compliance with the reasonably so called condition in s 2(1) either because the building was, as a matter of ordinary speech, best described as a shop or because the accommodation was not linked internally to the remainder of the building. There ought to be no warrant for distinguishing between similar types of building solely on the basis of their external appearance or their internal layout. 

Specific performance – Option to purchase land. The Chancery Division, in allowing the claimant's application for specific performance of an option agreement, rejected the defendants' arguments that the agreement should be rectified, a term should be implied, the claimant had waived a requirement of the agreement and claims of estoppel.