Latest Cases

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. 

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 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. 

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. 

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. 

Criminal law – Procedure. The Lord Chief Justice handed down the Criminal Practice Directions 2015. These Practice Directions replace the Criminal Practice Directions given on 7 October 2013 ([2013] EWCA Crim 1631; [2013] 1 WLR 3164), as amended. Annexes D and E to the Consolidated Criminal Practice Direction of 8 July 2002 ([2002] 1 WLR 2870; [2002] 2 Cr App R 35), as amended, which set out forms for use in connection with the Criminal Procedure Rules, remain in force. These Practice Directions supplement many, but not all, Parts of the Criminal Procedure Rules, and include other directions about practice and procedure in the courts to which they apply. They apply to all cases in all the criminal courts of England and Wales from 5 October 2015. 

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. 

Building contract – Adjudication. The present proceedings concerned an adjudication enforcement dispute. The Technology and Construction Court granted summary judgment in favour of the claimant, together with interest and costs. Each of the grounds relied upon by the defendant in seeking to avoid summary judgment, including alleged breaches of natural justice, were rejected.