Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Vans, inc.,(Vans) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market concerning the application by Vans for registration as a Community trade mark of a figurative sign representing a wavy line. 

Housing – Local authority. The applicant had been removed from the local authority's register for an allocation of permanent accommodation following a change in its policy which meant that, as she had been placed in suitable temporary accommodation with a private landlord, she was excluded from the register. The Court of Appeal, Civil Division, in hearing the application for judicial review, held that, on the basis that the setting of qualification criteria under s 160ZA(7) of the Housing Act 1996 was subject to the reasonable preference duty under s 166A(3) of that Act, that part of the authority's housing allocation scheme had been unlawful. 

Contract – Parties to contract. The claimants brought contractual claims, alleging breach of contract, under which a freight forward agreement position was to be transferred to the first claimant, under a guarantee, whereby the sixth defendant undertook to buy back the positions. The Commercial Court held that first claimant was entitled to recover from the defendants damages for losses flowing from the failure to buy back the forward positions, with credit allowed for payments made by the defendants or on their behalf and freight discounts allowed against the sums due. The fourth defendant was entitled to recover for the diminution in the value of his shareholding in a company, which owned the first defendant company. 

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed a mother's appeal against an order that she pay the father's costs in respect of all applications relating to the children since May 2012 and held that it had been wrong in principle and on the facts for the judge to have made an order for costs against her. 

Competition – Competition Appeal Tribunal. The Competition Appeal Tribunal (the tribunal) allowed the application by British Telecommunications plc to vary an interim relief order made by the tribunal pending an appeal by British Sky Broadcasting Ltd (Sky) against the decision of the Office of Communications to vary the conditions in the broadcasting licences of Sky for its core premium sports channels. 

Disclosure and inspection of documents – Privilege. For reasons which could not be included in the present open judgment, certain material might be withheld by the defendant Treasury in its defence to the claimant bank's application, under the Counter-Terrorism Act 2008 s 63, to set aside the financial restrictions decisions by which it was affected. The Administrative Court, having set out required approach to the issues between the parties, further held that disclosure had to be made of information contained in certain other material.

Specific performance – Uncertainty as to terms. The claimant company, 118, made an agreement with the defendant company, IDS, whereby IDS was permitted to use data supplied by 118. 118 became concerned that IDS was misusing the data. 118 made an application for specific performance in which it sought, among other things, to enter IDS's premises and examine commercially sensitive information. The Chancery Division, in dismissing the application, held that 118 had not shown a sufficiently clear case that it was entitled to enter for the purposes for which it wished to enter, nor as to what it was allowed to do once it had entered. 

Trade mark – Infringement. The activities of the defendant, Marks and Spencer plc, which gave rise to the proceedings concerned the display on the internet of their advertisements in response to the entry into the Google search engine by internet users of search terms consisting of or comprising the word 'interflora' or minor variants of it. The judge gave judgment for the claimants on their claim for infringement of their national and Community registered trade marks for the word 'interflora'. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held, inter alia, that the judge had wrongly held that the onus lay on the third party advertiser to show that the use of the sign in context was sufficiently clear. 

Extradition – Extradition order. The appellant appealed against orders for his extradition to Poland to face trial for causing damage to a shop, two drink-driving offences, and two taking and driving charges. The Administrative Court held that the first of the drink-driving offences offended against the dual criminality rule, as he had been below the prescribed maximum level of blood alcohol for driving in the United Kingdom. However, dual criminality was met as to the other offences. Further, extradition would not be disproportionate. 

Criminal law – Grievous bodily harm. The defendant had been convicted of violent disorder (count 1), manslaughter (count 2) and wounding with intent pursuant to s 18 of the Offences Against the Person Act 1861 (count 4), following a violent attack by a group of youths, in which a man was seriously injured and his son was killed. The Court of Appeal, Criminal Division, allowed the defendant's appeal against conviction on count 4 and substituted it for a conviction for unlawful wounding pursuant to s 20 of the Act. His sentence for the s 18 offence was quashed and substituted for a sentence of four-and-a half years' detention in respect of the s 20 offence.