Latest Cases

Intellectual property – Design. The claimant clothing company brought proceedings against the defendants, alleging that they had been involved in alleged infringement in the United Kingdom unregistered design rights in the design of a pair of jeans. The Chancery Division held that, on the evidence, the claim against the first, second, fourth and fifth defendants would succeed. 

European Union – Trade marks. The General Court of the European Union dismissed the action by IOIP Holdings LLC (IOIP) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning an application by IOIP for registration of the word sign 'GLISTEN' as a Community trade mark. 

Discovery – Production of documents. The proceedings concerned the property developer Vincent Tchenguiz, who had been investigated by the Serious Fraud Office (SFO). The claimant trustee of the Tchenguiz trust applied for permission to use certain documents disclosed in the main proceedings in a pending appeal a in separate proceedings in Guernsey. The Commercial Court dismissed the claimant's application and allowed the SFO's application for an order under CPR 31.22(2), in effect restoring the protection afforded under CPR 31.22(1) in respect of the relevant documents. 

Immigration – Leave to remain. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision, refusing him indefinite leave to remain in the United Kingdom. The Administrative Court, in dismissing the application, held that, whether a requirement amounted to a request for evidence or to the imposition of a criterion was context-sensitive. In the context of the present case, a request for formal documentation of the claimant's asserted work history fell clearly on the 'evidence' side of the line and he could not complain that the Secretary of State had not been satisfied that he had fulfilled the relevant criteria. 

Family proceedings – Orders in family proceedings. The judgment was concerned with IS, the daughter of estranged parents (the father and the mother). The matter came before the English court in order to decide issues of contact and jurisdiction between the United Kingdom and Israel. The Family Division agreed with the parties that the family would be assisted in making progress with contact by a family assessment being conducted with a view to the court making recommendations as to how best to promote contact between IS and her father. There would be a request to the Israeli court for cooperation in a judicial moratorium to allow the assessment to proceed. 

Employment – Unfair dismissal. The employee brought a claim for unfair dismissal and disability discrimination. The Employment Appeal Tribunal held that the employment tribunal had been correct in not re-opening, at the remedy stage, the issue of contributory conduct which had been determined at an earlier hearing. However, the tribunal had been wrong in failing to consider the question of half-pay sick absence when assessing unfair dismissal or disability discrimination loss of earnings. The case was remitted to the tribunal. 

Elections – European Parliament. The 1,015 applicant serving prisoners complained that they were prevented from voting in elections, relying on art 3 of the First Protocol to the European Convention on Human Rights (art 3). The European Court of Human Rights, in allowing the application, held that there had been a violation of art 3, given that the impugned legislation remained unamended after the court's decision in Greens v United Kingdom (Application No 60041/08) ([2010] All ER (D) 280 (Nov)), which had required amendment to render the electoral law compatible with the requirements of the Convention. 

Solicitor – Law Society. The Chancery Division held that the Law Society had the power to destroy old and redundant documents seized in connection with interventions in solicitors' practices, such power being justified as falling within the scope of para 16 of Pt II of Sch 1 to the Solicitors Act 1974. 

Customs and excise – Commissioners of customs and excise. The applicant company was investigated by the respondent Revenue and Customs Commissioners (the Revenue). The Revenue gave an undertaking to abide by freezing orders. The applicant brought proceedings, seeking an inquiry as to damages to be carried out on the undertaking. The Companies Court held that, on the evidence, none of the reasons adduced by the Revenue would make it inappropriate for the inquiry for damages to occur. 

Family proceedings – Orders in family proceedings. The proceedings concerned a child who was habitually resident in the United Kingdom, but who was found to have been wrongly retained in Poland. The mother applied to the court for the father and paternal grandmother's committal for breach of orders of the court requiring the child's return and for the hearing to proceed despite their absence at the hearing. The Family Division held that the application should proceed in the absence of the father and grandmother in respect of the father alone, in view of the potential prejudice to the mother of any delay in the application. On the facts, the father had breached the orders. The determination of penalty for those breaches and the application concerning the grandmother were adjourned.