Latest Cases

Charity – Company. A charity, the Commonwealth Institute, was in voluntary liquidation. The liquidators applied to the court under s 112 of the Insolvency Act 1986 for directions on various issues. The Companies Court made a number of rulings on, among other things, the distribution of the property of the charity, and the compensation of trustees. 

European Union – Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of cll 3 and 5 of the Framework Agreement (on fixed-term work) concluded on 18 March 1999, which was annexed to Council Directive (EC) 1999/70 (concerning the Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP). Those requests had been made in proceedings between workers employed as seafarers and their employer, Rete Ferroviaria Italiana SpA, concerning the classification of contracts of employment between them. 

European Union – Legal basis for regulation. The General Court of the European Union granted the application by Sharif University of Technology in Iran for annulment of Council decision Decision 2012/829/CFSP, amending Council Decision 2010/413/CFSP (concerning restrictive measures against Iran), in so far as it had listed that university in Annex II to Decision 2010/413. The General Court decided, inter alia, that the Council had produced no evidence from which it could be established that the applicant had carried out the alleged acts. 

Elections – European elections. The claimant was the nominating officer for the Conservative Party and the party's national election agent at the European Parliamentary election for the West Midlands region. Part of the claimant's role was to see that the Conservative Party's election material complied with the relevant laws and regulations. In the event, certain leaflets were circulated without the relevant details which amounted to an offence under European Parliamentary Elections Regulations 2004, SI 04/293. The claimant applied on his own behalf and on behalf of the Conservative Party for relief under reg 108 of the Regulations. The Queen's Bench Division held that the omission to include the relevant details was due to 'inadvertence' or from some other reasonable cause of a like nature and not to any want of good faith. 

European Union – Legal basis for regulation. The General Court of the European Union granted the application by Sorinet Commercial Trust Bankers Ltd (Sorinet) for annulment of: (i) Council Decision 2012/829/CFSP, amending Council Decision 2010/413/CFSP (concerning restrictive measures against Iran), in so far as it had listed Sorinet in Annex II to Decision 2010/413; and (ii) Council Decision 2013/270/CFSP, in so far as it had maintained Sorinet's listing in Annex II to Decision 2010/413 and Implementing Regulation (EU) No 522/2013, in so far as it had maintained Sorinet's listing in Annex IX to Implementing Regulation (EU) 267/2012. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Advance Magazine Publishers Inc (AMPI) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between AMPI and Montres Tudor SA regarding the application by AMPI for registration of the word sign 'GLAMOUR' as a Community trade mark. 

Solicitor – Negligence. During a project to purchase a drilling ship, a large amount of money was placed into the client account of the second defendant solicitors' firm, which was controlled by Y. Y gave undertakings to retain the money. She subsequently transferred sums to other parties. The claimant company, Global, commenced proceedings. The Chancery Division held that Global had not authorised payments to the third parties, and that no release or variance of the undertaking had been given to Y. 

Health and safety at work – Health and safety inspector. The defendant inspector employed by the Health and Safety Executive served a prohibition notice against the appellant sub-contractor on the basis that the appellant had not prevented access to conducting parts of the electrical system that 'can be energised and made live'. On appeal by the appellant, the employment tribunal (the tribunal) modified the notice, but upheld it. The Administrative Court, in allowing the appellant's appeal, held that the tribunal had been wrong to decide that the only means of dealing with the situation had been the issue of the notice. 

Local government – Power of attorney. AB was born in Ireland in 1928 and suffered from dementia. Her nephews MD and WD were jointly and severally appointed to be her attorneys under an Enduring Power of Attorney (EPA) with general authority to act on her behalf in relation to all her property and affairs. The local authority wrote to the Office of the Public Guardian expressing its concern that AB's attorneys had not paid her residential care home fees. The Public Guardian opened a formal investigation into the matter and applied to the court for an order under sch 4 to para 16(4)(g) and (5) of the Mental Capacity Act 2005, directing the revocation of the EPA and directing the Public Guardian to cancel the registration of the EPA and an order inviting the authority to seek to apply to become deputy in respect of the management of AB's property. The Court of Protection held that the court had no confidence in the figures provided by MD and WD and the EPA would be revoked. 

Practice – Summary judgment. The proceedings concerned an action brought by the claimant for infringement of three United Kingdom registered trade marks concerning the word 'WILKO' and for passing off. The defendant admitted infringement. The claimant sought summary judgment and an order that the defendant disclose the names and addresses of its suppliers of the infringing goods. The Chancery Division held that, whilst there was jurisdiction to grant a Norwich Pharmacal order, on the balance of irreparable harm, as appeared from the evidence, the disclosure sought would not be granted.