Latest Cases

Practice – Appeal. Three cases were heard together to enable the Court of Appeal, Civil Division, to give guidance on the approach that should be taken to applications for extensions of time for filing a notice of appeal. The court held that the principles to be derived from Mitchell v News Group Newspapers Ltd ([2014] 2 All ER 430) and Denton and others v TH White Ltd and another; Decadent Vapours Ltd v Bevan and others; Utilise TDS Ltd v Davies and others ([2014] All ER (D) 53 (Jul)) applied to applications for an extension of time to file a notice of appeal. Consideration was given to public law cases, and cases involving a shortage of funds and litigants in person. 

Costs – Third party. The applicants' convictions for summary offences, pursuant to s 297 of the Copyright, Designs and Patents Act 1988, were quashed and they sought a third party costs order against the second interested party, the Football Association Premier League (FAPL). The Divisional Court, in dismissing the application, held that the there was nothing exceptional about the case and it should remain subject to the criminal costs regime. Although FAPL stood to benefit financially from a successful prosecution, a broader consideration did not suggest that a third party costs order would be just in all the circumstances. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by The Coca Cola Company (Coca-Cola) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market concerning opposition proceedings between Coca-Cola and Modern Industrial & Trading Investment Co. Ltd (Mitico) regarding the application by Mitico for registration of a figurative sign in elegant script depicting the word: 'Master'. 

European union – Trade marks. The General Court of the European Union dismissed the action brought by Heidrick Struggles International Inc (Heidrick) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning an application by Heidrick for registration of the word sign 'THE LEADERSHIP COMPANY 'as a Community trade mark. 

Judgment – Default judgment. The claimant solicitor brought an action for an injunction to restrain the defendants from continuing allegedly harassing conduct by the publication of serious allegations on websites, including one known as 'solicitorsfromhell.co.uk'. The claimant obtained judgment in default of acknowledgement of service. The second defendant applied to set aside that judgment. The Queen's Bench Division, in allowing the application, held that, on the facts, it was just to exercise the court's discretion to set aside the default judgment and final injunction against the second defendant. 

Personal injury – Liability – Breach of statutory duty – Damages. Court of Session: In an action by a pursuer who suffered a crush injury to his chest when working as an apprentice deck hand in the second defenders' employment on a vessel operated by the first defenders, the court held that there was a breach of statutory duty by the defenders, that the pursuer had established a causal link between the breach and his injuries, and that the total award of damages (including £22,000 for solatium £40,000 for loss of future earnings) would be reduced by 40% because of the pursuer's contributory negligence. 

Firearms – Variation to firearm certificate. Sheriff Court. Allowing an appeal against a sheriff's decision directing a chief police officer to vary a firearm certificate to permit an applicant to purchase a six-shot revolver, the chief constable having earlier refused to do so, the court held that the sheriff erred in law in failing to take into account, in an application for a 6-shot revolver for the humane dispatch of deer, that a 2-shot revolver was sufficient for that purpose. 

European Union – Regulations. The General Court of the European Union ruled on the action brought by Vladimir Peftiev for annulment of certain decisions and regulations adopted and maintained by the European Council concerning restrictive measures adopted against Belarus. The General Court annulled certain of those decisions and regulations but dismissed the rest of the action as being inadmissible. 

European Union – Regulations. The General Court of the European Union ruled on the action brought by BelTechExport ZAO for annulment of certain decisions and regulations adopted and maintained by the European Council concerning restrictive measures adopted against Belarus. The General Court annulled certain of those decisions and regulations but dismissed the rest of the action as being inadmissible. 

Practice – Pre-trial or post-judgment relief. The claimant brought a claim against the defendant for an unpaid debt for the provision of electricity. The defendant failed to comply with court orders and judgment in default was granted in favour of the claimant. An application was made for relief from sanctions, which was granted and the judgment in default was also set aside. The claimant appealed. The Queen's Bench Division held that the judge had erred in his application of CPR 3.9 and the appeal would be allowed.