Latest Cases

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by Skysoft Computersysteme Gmb (Skysoft) for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market concerning opposition proceedings between British Sky Broadcasting Group plc and another company and Skysoft regarding Skysoft's application to register the word sign 'SKYSOFT' as a Community trade mark. 

Bankruptcy – Offence. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against his conviction for 'a bankrupt making a material omission in a statement'. The court held, amongst other things, that the judge had given the jury full and impeccable written directions and the jury had had ample evidence on which to find that there had been pre-existing debts owed. 

Medical practitioner – Professional misconduct. The appellant was placed on the Protection of Children and Vulnerable Adults lists. The Administrative Court, in granting an application for judicial review of the Upper Tribunal's (Administrative Appeals Chamber) (UT) initial decision not to grant permission to appeal, held that the failure by the First Tier Tribunal (Health Education and Social Care Chamber) to consider the evidence of a witness was a serious procedural irregularity. The matter was remitted to the UT which dismissed the appeal. The Court of Appeal, Civil Division, in allowing the appeal, held that the UT had been bound by the finding of the Administrative Court and remitted the matter for reconsideration. 

Housing – Local authority houses. The claimant was social tenant of the defendant local authority. He was evicted and his possessions disposed of. In the end the claimant brought claims for reinstatement and for substantial damages for his unlawful eviction due to alleged non-compliance with CCR 26(5)(1)(a), unlawful homelessness and for the unlawful destruction of his possessions based on the torts of conspiracy, interference with goods, negligence and misfeasance in public office, breaches of the terms of his contractual tenancy and pursuant to article 8 of the European Convention on Human Rights. The Queen's Bench Division held that such claims had been made out and the claimant was entitled to damages. 

Damages – Personal injury. The judge awarded the claimant damages for personal injuries arising out of a road traffic accident in which he was seriously injured. In particular, he considered the fact that the claimant had passed the United Kingdom citizenship test (the UKCT) without assistance in his findings on the claimant's significant cognitive deficits. The second defendant appealed and the claimant cross-appealed. The Court of Appeal, Civil Division, considering the UKCT pass in context with all the other evidence and in its proper place, dismissed the appeals. 

Trade mark – Removal from register. Following proceedings brought by Specsavers opticians alleging infringement of its registered trade mark, the judge revoked the wordless version of the Specsavers logo that comprised two overlapping ovals. The Court of Appeal, Civil Division, in hearing the appeal, referred a number of questions to the Court of Justice of the European Union regarding the interpretation of arts 9, 15 and 51 of Council Regulation (EC) 207/2009 (on the Community trade mark). Judgment on the preliminary reference having been given, the court found that, in the unusual circumstances of the case, the judge had erred in ordering revocation of the trade mark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods and services and that consumers perceived the wordless mark as being indicative of the origin of the goods and services. 

Option – Option to purchase. The claimant issued proceedings seeking specific performance of an option in an agreement which entitled him to purchase a property or sell it to a third party and keep the proceeds of sale above a certain sum. The party with whom the agreement had been made was deceased and the administrators defended the claim on the ground that the agreement was invalid. The Chancery Division held that, on account of an oral pre-condition to the option, the option had not been valid, nor was the agreement valid as the provisions of s 2 of the Law Reform (Miscellaneous Provisions) Act 1989 had not been complied with. Finally, the agreement had been entered into as a result of undue influence and so it had been voidable and had, in fact, been avoided for the claimant's non-compliance with its terms. 

Negligence – Traffic signal. The proceedings concerned an appeal as to liability and quantum against the dismissal of a claim in negligence, in respect of a road traffic collision, on the basis of, inter alia, a finding that the coincidence of location fallacy applied. The Court of Appeal, Civil Division, in allowing the claimant's appeal as to liability, held that the claimant's case had not rested on the coincidence of location argument and liability would be apportioned 50:50. The appeal as to quantum would be dismissed. 

European Union – Taxation. The present proceedings between Mr Nicula and the Romanian Office of Public Finances and the Romanian Environment Fund Office concerned the refusal of those authorities to grant Mr Nicula's application for the repayment of the motor vehicle pollution tax levied in breach of European Union law. The Court of Justice of the European Union ruled that EU law had to be interpreted as precluding a system of repayment of a tax levied in breach of EU law such as the system at issue in the main proceedings. 

Town and country planning – Development. During the development of land, an issue arose as to the proper classification of a number of residential units. The Chancery Division held that, giving the words of the contract their ordinary English meaning, the planning permission permitted altogether in aggregate 75 units of residential accommodation.