Latest Cases

Libel and slander – Qualified privilege. The appellant appealed against the decision of the Court of Appeal of the Eastern Caribbean Supreme Court, finding that Reynolds privilege (see Reynolds v Times Newspapers Ltd[1999] 4 All ER 609) was established in his defamation proceedings against the respondent and others. The Privy Council, in allowing the appeal, held that Reynolds privilege was not established, as the respondent had not carried out an investigation to ascertain whether the words complained of had been true. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Societe des produits Nestle SA against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning the international registration designating the European Community of the word mark 'NOURISHING PERSONAL HEALTH'. 

Bank – Bank loan. The Chancery Division construed a contractual provision contained in a complex securitisation structure set up between the parties in order to provide for a loan to a company for the purchase of rental properties. The loan although not due until 2019 fell due to an event of default under the financial crisis. 

Mental health – Court of Protection. The Court of Protection dismissed an application by the patient's daughter to a joint appointment as deputy with her brother, or the appointment of a completely independent professional deputy on the basis that having regard to s 6(8) of the Mental Capacity Act 2005, the daughter had failed to discharge the burden of satisfying the court that the brother had behaved in a way that had contravened his authority or was not in the patient's best interests. 

Housing – Homeless person. The claimant sought judicial review of the defendant local authority's refusal to provide her with accommodation, interim relief and an order compelling the authority to carry out a child in need assessment of her son. The Administrative Court held that the final merits of the claim could not be determined and it was transferred to a High Court judge, who was also nominated to sit in the Family Division, so that a case management hearing could take place as soon as possible. 

Estoppel – Convention. The proceedings concerned a refusal to register the transfer of shares in a company where, it was alleged, there were pre-emption rights in place. The judge found that there was clear evidence to support an assumption, common to both parties, that there were no valid rights of pre-emption in relation to the shares. The Court of Appeal, Civil Division, held that the judge had been correct and that the authorities did not suggest that estoppel by convention was confined to cases of mistake. A mistaken recollection was not legally different from a state of forgetfulness. 

Criminal law – Murder. The first appellant appealed against his conviction for murder and conspiracy to murder, and both appellants appealed against their sentences for life imprisonment, with eligibility for parole after 35 years. The Privy Council, in dismissing the appeals, held that there was no doubt that the first appellant's conviction had been the only proper verdict. Further, the sentence had been carefully reviewed by the Court of Appeal and it would not be right to interfere with its judgment. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Rosian Express SRL against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to an application for registration of a three-dimensional sign consisting of the shape of a games box as a Community trade mark. 

Costs – Interest on costs. The Commercial Court considered the date from which interest, under s 17 of the Judgments Act 1838, should run on costs payable by the claimant. Having considered the applicable principles, it ordered that interest on the costs payable by the claimant to the defendants and to the second third party was to run at the Bank of England Base Rate plus 2% from the dates when the costs had been incurred until a date three months after the orders for costs had been made, and at the rate prescribed by s 17 of the Act thereafter. 

Damages – Personal injury. The Queen's Bench, in a case where a previously injured claimant suffered further injuries as a result of the actions of the defendant NHS Trust, approved a settlement between the claimant and the defendant in respect of the injuries as the claimant was a protected party and the rules required such approval.