Latest Cases

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. 

Child – Care. There were before the court two applications from the local authority for a care order in relation to a little boy, A, who was born on 11 January 2014, and for a placement order. The father put himself forward as a sole carer of A. The Family Court held that the local authority's case was a tottering edifice built on inadequate foundations and flowing from that the local authority was to willing to believe the worst of the father. Both applications were dismissed. 

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. 

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. 

Trust and Trustee – Resulting trust. The appellant solicitors' firm (the firm) accepted monies into its client account from the respondents. The bulk of the sum was paid out in reduction of short-term borrowing of money incurred by a client of the firm, AFL. AFL entered administration. The respondents successfully commenced proceedings, seeking to recover their losses from the firm in the main basis that the firm had paid the money from its client account, or for the benefit of AFL. The Court of Appeal held that the judge at first instance had erred and that the firm's appeal would succeed. 

European Union – Trade marks. The General Court of the European Union dismissed an action by Blackrock, Inc. for annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to the application by Blackrock for registration of a word sign 'INVESTING FOR A NEW WORLD' as a Community trade mark. 

Shipping – Charterparty. The appellant shipowners chartered a vessel under a voyage charterparty on an amended BPVoy4 form. The owners brought a claim for demurrage. The tribunal held that the claim failed, as owners had failed to provide relevant documents, as required by the BPVoy4 form. The owners appealed. The Commercial Court, in dismissing the appeal, held that the tribunal had not erred in holding that the claim for demurrage was time barred. 

Costs – Order for costs. In a previous case, the claimants lost and they asserted that there should be no order for costs because the defendant had refused to engage in ADR. In response, the defendant sought an award of costs against the claimants on an indemnity basis. The Queen's Bench Division noted the defendant's failure to engage in ADR but held that such a shortcoming was not sufficient to disentitle it from claiming any costs. 

Family proceedings – Orders in family proceedings. Care orders were made in relation to two children, who were to live with their mother and have limited supervised contact with their father. The father appealed against the judge's order, challenging, among other things, the judge's treatment of the evidence of a clinical psychologist, G, which it was said to have been allowed to assume disproportionate importance. The Court of Appeal, Civil Division, dismissed the father's appeal. It held that, among other things, the judge had produced a most thorough judgment, drawing together all the strands of the evidence. From it, it was quite clear that her decision had not been based upon an unquestioning acceptance of G's evidence, whether as to physical risk or as to emotional considerations. 

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.