Latest Cases

Mistake – Rectification. Two properties were placed in trust for the benefit of the claimant. Her father loaned her money to purchase one of the properties. The claimant made a settlement by which she would pay the loan back to her father. The solicitor failed to inform her of the negative effects of doing so. On learning of the negative effects, she sought to have the settlement set aside, on the grounds of equitable mistake. Her Majesty's Revenue and Customs Commissioners resisted the application. The Chancery Division held that, applying settled law, it was appropriate for the settlement to be set aside. 

Immigration – Asylum – Leave to appeal. Court of Session: Refusing an application for leave to appeal by a Sri Lankan asylum seeker, whose claim was rejected by the First Tier Tribunal and whose appeal was dismissed by the Upper Tribunal, the court concluded that there was not a strongly arguable error of law in the case and the application did not therefore meet the second appeals test. 

European Union – Trade marks. The General Court of the General Union granted the annulment sought by Wine in Black GmbH in respect of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), concerning opposition proceedings between Quinta do Noval-Vinhos, SA and Wine in Black GmbH, regarding the application for registration by the latter company of a word sign 'Wine in Black' as a Community trade mark. 

Family proceedings – Orders in family proceedings. The claimant father brought proceedings in the Scottish court concerning a residence order that the defendant mother sought in relation to two children. He maintained that the mother's proceedings were a wrongful retention within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Lord Ordinary granted the father's application, but the Extra Division dismissed it on appeal. The Supreme Court held that the Extra Division had not erred, and that the children had been resident in Scotland as contended by the mother. 

Pension – Pension scheme. The claimant challenged the legality of, and sought to set aside, arrangements granting the defendant trustee a first fixed equitable charge over gilts on the basis that the arrangements had been entered into in contravention of s 320 of the Companies Act 1985. The Chancery Division, in dismissing the application, held that the scheme was not voidable under s 320 of the Act, as the directors were contingent beneficiaries, and the trustee had been acting in its capacity as trustee of a pension scheme and had not been a 'connected person'. Further, the trustee was entitled to indemnification and interest concerning the costs of the proceedings. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Germany to face trial for six offences of fraud, allegedly committed in 2007. The Administrative Court, in dismissing the appeal, held that the evidence had not led to a conclusion that the judicial authority's delay had been culpable and the judge had been entitled to conclude that extradition would not be oppressive. Further, there was no discernible error of law in the judge's finding that the appellant's extradition would not constitute a disproportionate interference with his and his family's right to family life, in particular, as a European Supervision Order was not available. 

Child – Care. Ex parte wardship proceedings were brought in respect of four children, all British citizens, as there were reasonable grounds for believing that the entire family had left the UK to join Islamic State in Syria. They remained wards of court. The matter returned to court inter partes to get guidance on the wardship order previously made and to examine the reporting restriction order (RRO) in place. The Family Division held the wardship order had been correctly made and would continue however, the RRO had served its purpose and no longer had any function. 

Patent – Practice. The claimant challenged the validity of two patents both entitled 'Process for the preparation of mixtures of trifluoroacetyl GA using purified hydrobromic acid'. The patents belonged to the defendant and related to glatiramer acetate which was used for the treatment of relapsing remitting multiple sclerosis. The attack on the validity of all the claims was rejected, save that certain of the claims were invalid for added matter. 

Civil procedure – Third party contribution – Relevancy and specification of averments. Court of Session: Allowing a reclaiming motion in an action in which solicitors, having admitted liability for an error in a rent review clause in a lease and paid a substantial sum to settle the pursuer's claim, sought a contribution from the third party (surveyors), the court held that the defender had pled sufficient relevant and specific averments against the third party that a proof before answer should be allowed and recalled the Lord Ordinary's interlocutor dismissing the action. 

Arbitration – Adjudication. The claimant applied for summary judgment to enforce the adjudicator's decision that there had been a complete failure of consideration by the defendant and his order for the defendant to pay the sum of the claimant's advanced payment. The Technology and Construction Court, in allowing the application, held that the adjudicator had had jurisdiction to decide whether there had been a total failure of consideration and whether the claimant was entitled to repayment. Further, he had been entitled to order restitution, as that had been an available remedy for the breach of contract.