Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Pangyrus Ltd (Pangyrus), established in York (United Kingdom), for annulment of the decision of the Fourth Board of Appeal for the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between RSVP Design Ltd, established in Brookfield (United Kingdom) and Pangyrus, regarding the application by Pangyrus for registration of the word sign 'COLOURBLIND' as a Community trade mark. 

Immigration – Asylum/humanitarian protection – Fresh claim. Court of Session: In judicial review proceedings by a failed Pakistani asylum seeker, who challenged a decision that his further submissions did not amount to fresh claim, the court pronounced an order reducing the decision letter complained of, holding that the respondent had failed to satisfy the requirement of anxious scrutiny and it had not been demonstrated on her behalf that the petitioner would inevitably fail before any further adjudicator. 

Family proceedings – Orders in family proceedings. The proceedings concerned an eight month old baby, A. The local authority contended that A should be placed in the care of her maternal grandmother, who was already looking after her older sister, and the children's guardian contended that she should be adopted. The Family Court held that the evidence in the present case did not achieve the level of cogency that would be required to justify the ultimate conclusion that there was no alternative to adoption. Having taken all factors into account, the better outcome for A was to be placed with her grandmother. 

Gender – Gender recognition. The claimant post-operative male-to-female transsexual applied for an order that s 3(3) of the Gender Recognition Act 2004, containing the evidential requirements for a gender recognition certificate, was incompatible with the European Convention on Human Rights. The Administrative Court, in dismissing the application, held that there was no incompatibility with art 8 of the Convention, as the provision of the details of the treatment required by s 3(3) of the Act was necessary and proportionate to the legitimate aim. Further, there was no discrimination against the claimant, under art 14 of the Convention, on the grounds of sex or 'other status', as a post-surgery transsexual person. 

European Union – Value Added Tax. The Court of Justice of the European Union gave a preliminary ruling, deciding that the Portuguese special procedure applicable to abusive practices in the field of taxation was applicable to VAT, provided that the EU principles of effectiveness and equivalence were not breached. 

Criminal evidence – Appeal – Fresh evidence. High Court of Justiciary: Allowing an appeal by an appellant who was convicted, inter alia, of murder by smothering and attempting to defeat the ends of justice, the court held that potentially significant fresh evidence was available from a neuropathologist, offering for the first time moderate head injury as a positive contributing cause of the deceased's death—ie as direct alternative to smothering; that a reasonable explanation of why that evidence was not heard at the trial had been made out; and that had the new evidence been available at the trial there would have been a real possibility of a different verdict being returned. 

Practice – Summary judgment. The claimant bank applied for summary judgment in connection with actions raising issues of contractual construction relating to sums payable following the termination of ISDA master agreements. The Commercial Court decided the points of construction in the claimant's favour. There were no other compelling reasons why the matter should proceed to trial, and the claimant would be entitled to summary judgment. 

Criminal evidence – Admissibility of evidence – Powers of search. High Court of Justiciary: Refusing appeals by two appellants who were indicted on a charge of being concerned in the supply of cannabis, and whose preliminary pleas objecting to the admission of evidence as to the finding of bars of cannabis resin in their car were repelled by the sheriff, the court held that the sheriff correctly found the search to have been unlawful because the police officers considered that they were acting under a power conferred by s 14 of the Criminal Procedure (Scotland) Act 1995, when that section conferred no such power, and that the sheriff was entitled to conclude that that illegality or irregularity could be excused. 

Trade mark – Infringement. Following a judgment in the main proceedings, in which it had been held that a claim for infringement of the claimant's trade mark had been made out with regard to the defendants' acts within the United Kingdom, the Chancery Division held that an injunction would be granted in general form to restring the infringement, and that the remedies would be confined to the UK and would not extend throughout the European Union. 

Practice – Striking out. The claimant issued proceedings against the defendants for damages for misrepresentation and breach of contract. The defendants sought to strike out the claims against the first defendant and security for the costs of both defendants. The Queen's Bench Division, in allowing the application, held that the claimant's claims were barred, including by limitation. An order for security for costs would be made, but its amount would be moderated.