Latest Cases

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 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. 

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. 

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 – 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. 

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 – 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. 

Constitutional law – Foreign sovereign state. The Administrative Court, in dismissing the claimant Sudanese human rights lawyer's judicial review proceedings, held that the defendant Secretary of State had properly carried out assessments in relation to the provision of assistance and training offered to the Sudanese armed forces under the Overseas Security and Justice Assistance Human Rights Guidance. 

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. 

Criminal law – Procedure. The Lord Chief Justice handed down the Practice Direction (Costs in Criminal Proceedings) 2015. This Practice Direction replaces the Practice Direction (Costs in Criminal Proceedings) given on 7 October 2013 ([2013] EWCA Crim 1632; [2013] 1 WLR 3255), as amended. This Practice Direction has effect in magistrates' courts, the Crown Court, the High Court and the Court of Appeal, Criminal Division, where the court, in the exercise of its discretion, considers an award of costs in criminal proceedings or deals with criminal legal aid and recovery of defence costs orders. This Practice Direction comes into force on 5 October 2015.