Latest Cases

European union – Trade marks. The General Court of the European Union dismissed the action brought by Bora Creations, SL (Bora), against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to invalidity proceedings between Beauté Prestige International, and Bora regarding the registration by Bora of the word 'essence' as a Community trade mark. 

Specific performance – Order. The claimant sought specific performance of a settlement agreement with the defendant. The defendant claimed that it was entitled to rescind the settlement agreement for misrepresentation. The Commercial Court, in allowing the application, held that the alleged representation had not been made. Further, the claimant would have taken all further steps necessary but for the fact that the defendant had made it clear that it would not perform its part. Accordingly, the defendant's ground of objection to an order for specific performance was not made out and it was appropriate for such an order to be made. 

Sentence – Imprisonment. The claimant was a transgender prisoner serving a sentence of imprisonment for public protection for sexual offences she had committed when she was an 18-year-old male. She sought judicial review of the defendant Secretary of State's failure to provide the opportunity to do work specifically linked to sexual offending. The Administrative Court, in dismissing the application, held that the Secretary of State had not breached: (i) her public law duty; (ii) the duties under arts 5 and 14 of the European Convention on Human Rights; or (iii) the duties under ss 19, 29 and 149 of the Equality Act 2010. 

European Union – Excise duty. The Court of Justice of the European Union gave a preliminary ruling, deciding that, for the purposes of the applying the reduced rate of excise duty to beer, the condition laid down in art 4(2) of Council Directive (EEC) 92/83 (on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages) according to which a brewery should not operate under licence, was not met if the brewery concerned made its beer in accordance with an agreement pursuant to which it was authorised to use the trade marks and production process of a third party. 

European Union – Trade marks. The General Court of the European Union ruled on the action brought by Stayer Iberica, SA (Stayer) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning invalidity proceedings between ZAO Korporaciya 'Masternet' and Stayer Ibérica, SA, regarding the registration by the latter company for a figurative sign depicting the word 'STAYER' as a Community trade mark. 

Contract – Breach. The claimant mobile network and telecommunications distribution company brought a claim against the defendant, one of its former dealers, for specific and/or cumulative repudiatory breaches of contracts, alleging that the defendant's customer service had led them to having been obliged to terminate his dealership. The defendant counterclaimed for wrongful termination of the contracts. The Mercantile Court held that the claim succeeded on liability in respect of breach of contract and the counterclaim failed. All the contracts had been lawfully terminated. However, the claimant had proved no contractual loss or damage as had been claimed. 

Company – Director. The claimant Secretary of State for Business, Innovation and Skills brought proceedings against the defendants, who were the directors of a company that imported plywood and sheet materials. He submitted that the defendants had made a number of false representations regarding the company's finances. The Chancery Division held that, on the evidence, the defendants were unfit to be concerned in the management of a company. A disqualification order would be made against either of them. 

Practice – Summary judgment. The claimant and the defendant companies had entered into a joint venture agreement concerning the development of a property. The Chancery Division granted the claimant summary judgment on its claim for specific performance of the agreement, specifically in respect of the transfer of shares from the defendant to the claimant where the defences raised stood no reasonable prospects of success. 

Settlement – Trust. In the course of a family dispute over the control of the Sherlock Holmes museum, the parties met and, later, agreed a settlement for a declaration of trust. A dispute arose as to when the order had been made and what its effects were. The Chancery Division held that the claimants were entitled to declarations on the claim that the declarations of trust dated 11 April 2013 were valid and binding. However, that was all the entitlement that had been established. 

Contract – Breach. The claimant university claimed a sum of money in respect of payment due under the validation agreement, pursuant to four invoices rendered in 2012 to the defendant business school. By a letter dated 20 December 2012 the university purported to terminate the validation agreement on account of the defendant's LCB's failure to pay the moneys due under the invoices. LCB denied that the invoices were properly rendered under the validation agreement and asserted that the university's purported termination of the validation agreement was ineffective and was itself a breach of contract. There was also a counterclaim for suspension of the university of LBC's validation. The Queen's Bench Division held that the claimant was entitled to judgment in respect of the claim and the defendant was entitled to judgment on the counterclaim.