Latest Cases

Conflict of laws – Jurisdiction. In the defendant bridge institution's application to set aside or stay the claimants' proceedings against it as successor of debts, the Commercial Court found that it had jurisdiction, under European Parliament and Council Regulation (EU) 2015/2012, which it would not decline to exercise by reason of the principle of non-justiciability or act of state. Further, a stay would not be granted pending the decision of the administrative courts in Portugal, on the basis of case management. 

Practice – Pre-trial or post-judgment relief. The Commercial Court recognised that although the claim brought in 2014 could to have been brought in litigation brought in 2011, it nevertheless was not an abuse of process and would not be struck out as such. 

Immigration – Removal. The claimant Afghani nationals sought judicial review of the defendant Secretary of State's decisions to remove them to Afghanistan. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the applications, held that there was no illegality or irrationality in the decisions, despite the possibility of a revised memorandum of understanding as to repatriation of Afghan nationals. Further, there was no warrant for departing from the country guidance in AK Afghanistan v Secretary of State for the Home Department ([2012] UKUT 00163 (IAC)). 

Employment – Trade union. The Privy Council dismissed the appeal by ArcelorMittal Lisas Ltd (ArcelorMittal) against the decision of the Court of Appeal (Trinidad and Tobago) to uphold the judgment of the Industrial Court of Trinidad and Tobago by which that court had granted the Steel Workers Union of Trinidad and Tobago a declaration that ArcelorMittal should be deemed to be the employer under labour only contracts of all those persons employed by so-called contractors and that the employer was bound to apply collective agreements entered into by the parties to those contract workers. 

Contempt of court – Committal. The claimants applied for an order for the committal of the defendant to prison, under CPR 71.8, for breach of a court order. The Chancery Division found the defendant in contempt in some respects and adjourned the committal application, with directions that the defendant depose specified matters and provide identified documents. 

Housing – Homeless person. The Queen's Bench Division of the Administrative Court allowed the claimant's application for judicial review of the revised Housing Allocations Policy of the London Borough of Ealing in circumstances where the claimant's application to be placed on that local authority's housing register had been rejected on the basis that she had not been resident in the borough for five years. The court decided that, among other things, the policy did not provide for the giving of reasonable preferences to prescribed categories of persons as required by s 166A of the Housing Act 1996 and was therefore unlawful. 

European Union – Trade marks. The General Court of the European Union upheld the action brought by Knauf Insulation Technology (Knauf) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) concerning opposition proceedings between Knauf and Saint Gobain Cristalería, SL, regarding the application by Knauf for registration of a figurative sign depicting the words 'ECOSE TECHNOLOGY' as a Community trade mark. 

Competition – Electronic communications networks and services. The claimant applied for an interim injunction, restraining the defendant from discontinuing service to disputed SIM cards. The Chancery Division, in allowing the application, held that, on the claimant's amended case, there was an arguable case of abuse of dominant position which was not compensable by an award of damages. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Knauf Insulation Technology (Knauf) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) concerning opposition proceedings between Knauf and Saint Gobain Cristalería, SL, regarding the application by Knauf for registration of a figurative sign depicting the word 'ECOSE' as a Community trade mark. 

Arbitration – Award. The appellant appealed against decisions of the Court of Appeal of Trinidad and Tobago, following an arbitration concerning the parties' agreement. The Privy Council, in allowing the appeals, held that the Court of Appeal had erred in setting aside the arbitrator's finding that the appellant had validly terminated the agreement. Further, the arbitrator would have to reconsider the sums which he allowed the respondent to raise by way of set-off or cross-claims.