Latest Cases

Guarantee – Enforcement. The Chancery Division allowed an appeal against a decision of a deputy registrar setting aside a statutory demand that had been served on a guarantor, where an alleged representation that the guarantees would not be enforced was not arguably capable of giving rise to estoppel and there was no other ground for finding that the guarantee was not entitled to enforce the guarantees. Further, the deputy registrar had been wrong to conclude that there was a genuine triable issue as to the guarantor's liability for the sums claimed. The defendant had had no realistic prospect of making out the factual basis of his case. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Eugenia Mocek, Jadwiga Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna (Eugenia Mocek), 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 Lacoste SA and Eugenia Mocek concerning the application by Eugenia Mocek for registration of a figurative mark depicting the word 'KAJMAN' and representing a crocodile 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. 

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. 

European Union – Value added tax. The Court of Justice of the European Union ruled that art 9(1) of Council Directive (EC) 2006/112 had to be interpreted as meaning that bodies governed by public law, such as the Polish municipal budgetary entities at issue in the main proceedings, could not be regarded as taxable persons for the purposes of value added tax in so far as they did not satisfy the criterion of independence set out in that provision. 

Mental health – Court of Protection. The Court of Protection declined to appoint the applicant as her mother's deputy for property and affairs in the circumstances of the case. Instead, the second respondent daughter was appointed because, among other things, she was willing and able to act, she lived nearby and was able to visit her mother regularly. Further, she was on good terms with her siblings, other than the applicant, and with the management and staff at the care home in which her mother resided. The court also genuinely believed that she had her mother's best interests at heart. 

Bankruptcy – Trustee in bankruptcy. The Chancery Division ruled that Beatles memorabilia, among other things, had not been gifted to a bankrupt's wife and daughter, but belonged to him at the date of his bankruptcy and, accordingly, vested in the trustee in bankruptcy. 

Bankruptcy – Meeting of creditors. The applicants sought orders, including to revoke a voluntary arrangement proposed by a bankrupt at a meeting of his creditors. The Bankruptcy High Court held that, as a result of reversing the chairman's decision not to suspend the meeting and discounting the value of one vote, the arrangement would be revoked and the bankruptcy re-instated. 

Criminal law – Sexual offences. The defendants appealed against their convictions for kidnapping, sexual assault, theft and assault occasioning actual bodily harm, and the sentences of seven and eight years' imprisonment imposed. The Court Martial Appeal Court, in dismissing the appeals, held that the prosecution's failure to record and retain records had not rendered the convictions unsafe, and none of the defendants' challenges had had any material impact on the safety of the convictions. Further, the sentences had not offended the totality principle. 

Family proceedings – Orders in family proceedings. The Family Division ruled in proceedings concerning the reporting of ancillary proceedings in respect of Nicole Appleton and Liam Gallagher that, where their financial information had been compulsorily extracted, it was subject to an implied undertaking that it would not be published and reporting restrictions would continue in that respect. The order imposing reporting restrictions was only varied so as to allow the naming of other parties in the case, except the children.