Latest Cases

European Union – Trade marks. Following earlier proceedings concerning the selling of counterfeit goods (see[2014] All ER (D) 236 (Oct)), the Chancery Division considered wording proposed by the claimants to deal with situations where a target website selling counterfeit goods changed its IP address. The court held that the wording proposed by the claimants would be accepted. 

Contract – Construction. The defendant was a boxer. The first claimant was a boxing manager and promoter and the second claimants provided the first claimant's boxing promoting services. The claimants provided services to the defendant under various agreements. A commission agreed was 25% of gross receipts less specified deductions. The claimants alleged that the defendant owed them money and the defendant counterclaimed for money owed. The Queens' Bench Division held that the defendant owed the first claimant unpaid commission and the second claimant owed the defendant unpaid balance in respect of the fight. 

Sentencing – Benefit fraud – Incapacity benefit. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to a charge of obtaining incapacity benefit of £13,000 to which he was not entitled and was sentenced to 5 months' imprisonment, the court having concluded that the sheriff's approach to the question of whether an alternative to custody could and should be considered and whether in fact such an alternative was realistically available was flawed, quashed the sentence of imprisonment and substituted a probation order for 12 months subject to the condition that the appellant would undertake 200 hours of unpaid work. 

Coroner – Inquest. The claimant senior coroner, with the fiat of the Attorney General, applied for an order to quash an inquisition into the death of the deceased and for an order that a fresh inquest be held. The claimant relied on fresh information, which might cast doubt upon his conclusion that the deceased intended to take his own life. The Divisional Court, in allowing the application, held that, as a result of the new facts and evidence, it was necessary and desirable in the interests of justice, under s 13(1) of the Coroners Act 1988, that another inquest should be held. 

Contract – Breach. The claimant companies brought proceedings against the defendant companies, contending that the defendants had purchased products from a competitor of the first claimant, Globe, in breach of an agreement. The Commercial Court held that Globe's claim for breach of contract would succeed, while a claim for negligent misstatement would fail, owing to a lack of duty of care owed to Globe by the defendants. 

Company – Scheme of arrangement. An application was made to the Companies Court for the approval of an insurance business transfer scheme under which the long-term insurance business of Prudential Annuities Ltd was to transferred to the Prudential Assurance Company Ltd. The court held that, on the evidence, the scheme would be sanctioned. 

Divorce – Jurisdiction. In divorce proceedings which were taking place in two separate jurisdictions, United Kingdom an France, the Family Division decided to refer questions to the Court of Justice of the European Union on the correct application of art 19 of Council Regulation 2201/2003 to the particular facts and circumstances of the case. 

European Union – Freedom of movement. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 18 of the Treaty of the Functioning of the European Union (TFEU), of point (a) of the first sub-paragraph, and the second sub-paragraph, of art 20(2) TFEU, of arts 4 and 70 of Regulation (EC) 883/2004 (on the coordination of social security systems), as amended, and of art 24(2) of Directive (EC) 2004/38 (on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States), amending Regulation (EEC) 1612/68 and repealing various other directives. The request had been made in proceedings brought by Ms Dano and her son against Jobcenter Leipzig concerning the latter's refusal to grant them benefits by way of basic provision that were envisaged by German legislation. 

Trade mark – Infringement. The proceedings concerned the use of the words 'Ideal Home' as, or as part of, a trade mark for online mail order retailing services. The judge dismissed the claim brought by the claimant, IPC, against the defendant, Media 10, for infringement of its registered trade mark and dismissed Media 10's counterclaim for rectification of the register. The Court of Appeal, Civil Division, dismissed both IPC's appeal and Media 10's cross-appeal. It held that the judge had been entitled to reject the claim for infringement of the registered trade mark and that Media 10 had wholly failed to establish that normal and fair use of the mark by IPC, in relation to online retail services, could ever have been prevented by an action for passing off. 

Land registration – Caution. The defendant children of the deceased had been excluded from his will and brought, or sought to bring, claims alleging interest in the deceased's estate. They applied to the land registry for a caution against first registration of property forming part of the estate. The application was granted in respect of a farm and another property. The executor of the deceased's estate applied for an order that the chief registrar to the land registry be directed to cancel the caution. The Chancery Division, in granting the application, held that, whilst the defendants' claims under the Inheritance (Provision for Family and Dependents) Act 1975 could not be dismissed as not seriously arguable, they would be unable to compensate the estate for any loss which it might suffer as a result of the caution remaining in place.