Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed an action brought by Pro-Aqua International GmbH seeking an annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to the registration by Rexair LLC of a word mark 'WET DUST CAN'T FLY' as a Community trade mark. 

Town and country planning – Conservation area. The claimant sought judicial review of the defendant local planning authority's decision to designate an area as a conservation area, including the claimant's public house. The Planning Court, in allowing the application, held that the minimum standards for a proper consultation had not been met and the officer's report recommending designation had been misleading because it had not notified the leader of the council of relevant matters. 

Extradition – Extradition order. The appellant appealed against orders for her extradition to Lithuania to serve an activated suspended sentence of three years' imprisonment for eight fraud offences with others. The Administrative Court, in allowing the appeal, held that extradition would be a disproportionate interference with the rights of the appellant and her son under art 8 of the European Convention on Human Rights. In particular, given the uncontradicted evidence as to the son's unresolved trauma arising from witnessing the abuse of his mother in the past and the likely detrimental consequences if he was moved from her care, and the appellant's current pregnancy. 

Child – Care. A local authority was concerned for the safety of five children and had been granted an interim care order in respect of them. The father had taken the children to Ireland and had not returned , as required by the order. The Family Court, in proceedings to reconsider the interim care order, held that the test for the removal of children from the family to foster care was no longer met. With the precautions in place in Ireland, it was neither necessary nor proportionate for the children to be removed. 

Criminal Law – Trial. The defendant contended that his plea of guilty had been obtained through improper pressure following a proposal by the prosecution to drop proceedings against two of his co-defendants, including his partner who was the mother of his two young children. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal, held that the plea had not been improperly induced and an application to vacate the plea had been rightly refused. 

Immigration – Education. The claimant college sought judicial review of the defendant Secretary of State's decision to refuse its application for highly trusted sponsor status and to maintain that decision. The Administrative Court, in dismissing the application, held that the Secretary of State had not acted irrationally in her approach to the refusal rate of student visa applications, the enrolment rate or failure to report on unrolled students. 

Company – Restoration to register. The claimant sought to bring a claim against a company that had been dissolved. He applied for the restoration of the company to the register of companies, pursuant to s 1032 of the Companies Act 2006. He also sought directions to preserve his position against any argument that his claim was statute-barred on account of an earlier date of relevant knowledge. The Chancery Division held that, on the facts, justice required that the directions be made. 

Disclosure and inspection of documents – Production of documents. In the course of proceedings between the claimant and defendant (RBS), RBS sought an order that it was not required to permit inspection of an attachment to the deferred prosecution agreement between it and the United States Department of Justice. The Chancery Division held that, in the circumstances, RBS would be ordered to produce the document for inspection in the present action. The order would take effect four weeks from the date on which it was made and a special further order would be made, providing that, until further order, neither party might refer to the document in open court without permission obtained in advance. 

European Union – Trade marks. The General Court of the European Union dismissed the application by Zitro IP Sàrl, for annulment of 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 Zitro IP Sàrl and Gamepoint BV regarding the application by the latter company for registration of the word sign 'SPIN BINGO' as a Community trade mark. 

Contract – Condition. The claimant was employed by the defendant football club until he was summarily dismissed for gross misconduct on the basis of breach of an implied term of his contract. He brought a claim in damages for unpaid wages and benefits for his notice period. The Queen's Bench Dismissed the claim on the basis that the behaviour in question had amounted to gross misconduct for which the defendant was entitled to dismiss him.