Latest Cases

Practice – Pre-trial or post-judgment relief. Judgment had been given by a court in Moscow against the first defendant Russian founder of the first claimant bank, Sergei Pugachev, for approximately US$1.5bn, in respect of which an appeal was pending. The Chancery Division continued a freezing order, by consent, and made further orders in respect of the claimants' application for an extension a passport order in respect of Pugachev and for additional disclosure from a company associated with him. 

Arbitration – Award. The Commercial Court, in dismissing the claimant's challenge to an arbitrator's award, held that there had been no inconsistency between the arbitrator's conclusion and that of a UNCITRAL tribunal by which he had rightly accepted he had been bound. 

European Union – Jurisdiction. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 20(2) of the Regulation (EC) No 1896/2006 should be interpreted as precluding a defendant on whom a European order for payment had been served in accordance with that regulation from being entitled to apply for a review of that order by claiming that the court of origin had incorrectly held that it had jurisdiction on the basis of allegedly false information provided by the claimant in the application form. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Hewlett Packard Development Company LP (HP) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning an application by HP for registration of the word sign 'ELITEPAD' as a Community trade mark. 

Bankruptcy – Trustee in bankruptcy. The present case concerned a pier, the freehold of which was owned by H until he was made bankrupt and the freehold vested in his trustee in bankruptcy. Among other things, the Chancery Division dismissed H's application for a vesting order, holding that it would not be appropriate in all the circumstances to make an order vesting in H the pier or any part of it. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Enosi Mastichoparagogon Chiou (Enosi) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Gaba International Holding GmbH and Enosi concerning the application by the latter for international registration of the word sign 'ELMA' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Verus Eood against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Verus Eood and Joie International Co., Ltd, regarding the application by the latter for registration of the word sign 'MIRUS' as a Community trade mark. 

Bankruptcy – Administration in bankruptcy of estate of person dying insolvent. The Chancery Division, in dismissing the applicant's challenge to the appointment of trustees to the insolvent estate of Boris Berezovsky, held that the date of the debtor's death was the date at which the assets comprising the insolvent estate were identified, and as at which the debts and liabilities were identified and quantified. That included the conversion of foreign currency debts into sterling and the date up to which interest might be proved, and after which statutory interest ran. 

Family proceedings – Orders in family proceedings. The Family Division approved an agreed order with regard to the reporting of a case in which the local authority had initially sought to obtain a reporting restriction order. The court found it necessary to point out that it was important that if and when local authorities and the media came to realise that there was an issue between them about how much should be reportable and on what terms, there should be sensible and responsible dialogue as soon as possible, with a view to finding an early modus vivendi. 

Minor – Removal outside jurisdiction. On the father's application, under the 1980 Hague Convention of the Civil Aspects of International Child Abduction, the Family Division ordered that his son be returned to Israel forthwith. It was a condition of the order that, among other things, the father signed written undertakings. The court held that the mother's retention of the child in England had been wrongful. On the basis of the undertakings offered by the father, the mother had failed to establish the defence under art 13(b) of the Hague Convention.