Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed an action brought by the applicant company, Sequoia Capital Operations LLC (Sequoia) 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 Sequoia and Sequoia Capital LLP, which was established in the United Kingdom, concerning the application by Sequoia for registration of a word sign 'SEQUOIA CAPITAL' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by Tilda Riceland Private Ltd 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 Tilda Riceland Private Ltd and Siam Grains Co. Ltd, concerning the application by the latter company for registration of a figurative sign depicting the word 'BASmALI' as a Community trade mark. 

Family proceedings – Orders in family proceedings. In private law proceedings relating to a child, Q, an order was made, which included a specific issue order that both parents were to cooperate in the referral for an assessment of the psychiatric and emotional well-being of Q, together with such treatment as required and a direction that there was to be no further order in respect of child arrangements. The Court of Appeal, Civil Division, in dismissing the father's appeal, held that the judge had taken a course which was not merely open to him, but which had been, in reality, probably the only course that had stood the slightest chance of achieving what had been so pressingly needed, namely, the resumption of Q's relationship with his father. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Ecolab USA, Inc., (Ecolab) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM), concerning the international registration designating the European Community of the word mark 'GREASECUTTER' obtained by Ecolab and the refusal of protection of that mark in the European Union. 

European Union – Trade marks. The General Court of the European Union allowed the application by GAT Microencapsulation GmbH (GAT) for annulment of the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between BASF SE and GAT concerning the application by the latter for registration of the word sign 'KARIS' as a Community trade mark. 

European Union – Common foreign and security policy. The applicant Malaysian bank was included on lists of entities involved in Iranian nuclear proliferation. The Court of Justice of the European Union ruled on its application for partial annulment of Council Decision 2012/829/CFSP and of Council Implementing Regulation (EU) 1264/2012, concerning restrictive measures against Iran and, for the annulment of the Council's decision to maintain the restrictive measures concerning the applicant. 

Public procurement – Public contracts. The Technology and Construction Court allowed the defendant local authority's application, under reg 47H of the Public Contracts Regulations 2006, SI 2006/5, to set aside the automatic suspension that had been in place since the issue of proceedings by the claimant. The court considered the application of the principles in American Cyanamid Co v Ethicon Ltd ([1975] 1 All ER 504) in public procurement cases. 

Contract – Commercial contract. The Commercial Court upheld two out of three claims brought by the claimant company for breach of a share and business sale agreement concerning sugar, ruling that, on the true construction of the agreement, the claimant was entitled to be indemnified in respect of any losses incurred in taking action to avoid an excluded liability, namely the liability to pay duty, and that there had been a breach of a term of the agreement to issue a performance certificate for one of the businesses transferred under the agreement and to reduce the purchase price where the efficiency level of one business was less than 95%. 

Immigration – Asylum seeker. The claimant St Lucian national sought judicial review of the defendant Secretary of State's decisions by her competent authority, which concluded that the claimant was not the victim of trafficking. The Administrative Court, in allowing the application, concluded that the competent authority had taken the wrong approach, in particular, by its reliance on a detective inspector's report, and its failure to consider warnings in 'Victims of human trafficking – competent authority guidance' and in expert evidence. 

Child – School. The Family Division made a child arrangements order concerning where a child, B, should go to school. It held that it would be better for B's life to continue in the Surrey area, where his father lived, although he would continue to have extensive contact with his mother.