Latest Cases

Confidential information – Interlocutory injunction. The claimant company, Allfiled, brought proceedings alleging that the defendants, three of whom were former directors of Allfiled, had conspired to set up their own business and had caused employees to leave Allfiled. It sought interlocutory injunctive relief against the defendants pending trial or further order, to prevent them from using, disclosing or disseminating Allfiled's confidential information and intellectual property. The Chancery Division made an order accordingly. 

European Union – Trade marks. The General Court of the European Union granted the annulment sought by adidas AG in respect of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between adidas AG and Shoe Branding Europe BVBA, regarding the application by the latter company for registration of a figurative mark consisting of 'two parallel lines positioned on the outside surface of the upper part of a shoe' as a Community trade mark. 

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. 

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. 

Human rights – Right to respect for private and family life. The claimant had a high public profile. The defendant, her boyfriend, had threatened to expose her adulterous relationship with a married man, who was also said to be a very high profile public figure. The claimant applied, without notice, for an interim injunction against the defendant, or for interim non-disclosure orders to restrain him from publishing pictures from her journal or other such private information about the affair. The Chancery Division, in granting the orders sought, held that it was satisfied on the evidence that the information in question was clearly private and personal information in relation to which the claimant had had a reasonable expectation of privacy and confidentiality. The claimant's right to respect for her private life clearly weighed more heavily in the balance than the defendant's desire to exercise any freedom of expression in publishing that private life. 

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. 

Family proceedings – Orders in family proceedings. The mother appealed against an order providing for R to have supervised contact with her father. The Court of Appeal, Civil Division, in dismissing the appeal, held, inter alia, that it was clear that the judge had given full and proper consideration to each of the relevant factors necessary for the risk assessment required by s 1 of the Children Act 1989 and the Family Procedure Rules 2010, Practice Direction 12J. His conclusion that face-to-face contact was in R's best interests, in a supervised setting, was justified on the basis of that risk assessment and was a conclusion that had been well within the range of justifiable welfare determinations. 

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. 

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. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Formula One Licensing BV (Formula One) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), concerning opposition proceedings between Formula One and Idea Marketing SA regarding the acquisition by the latter company of an international registration designating the European Community in respect of the word mark 'F1H2O'.