Latest Cases

Gift – Donatio mortis causa. The claimant lived with and cared for his elderly aunt, J. After her death, he contended that she had made a donatio mortis causa of the property to him. The 15th to 21st defendant charities, who were residual beneficiaries under J's will, contested the donatio mortis causa. The Chancery Division held that, on the evidence, the donatio mortis causa had been properly made and the property would pass to the claimant. 

European Union – Trade marks. The General Court of the European Union dismissed the action by Kampol sp z.o.o. (Kampol) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) relating to its Community trade mark (CTM) application for the word mark 'NOBEL'. In dismissing Kampol's action, the General Court ruled that there was a likelihood of confusion between the mark applied for and an earlier national registration. 

Contract – Damages for breach. The claimant entered into a share purchase agreement (SPA) with the first defendant insured by the second defendant. Under the SPA, the claimant acquired from the first defendant the entire issued share capital in Kwik-Fit Insurance Services Ltd (KFIS) for a consideration of £214.75m. The first defendant breached warranties under the SPA and the claimant brought a claim against both defendants. The claim settled and the issue of quantum remained. The claimant claimed that the proper quantum of its warranty claim was £17,635,000, giving rise to a claim under the policy of £12.635m. The second defendant contended that the proper quantum of the warranty claim was £8,792,000 giving rise to a claim under the policy of £3.792m. The Queen's Bench Division held that the claimant's claim against the second defendant was entitled to succeed in the principal sum of £12,63m. 

Contract – Construction of contract. The claimant investment bank was appointed, under contracts, as the financial adviser of the defendant, which owned, through its subsidiaries, the rights to develop and exploit mineral assets in Sierra Leone. The claimant brought a claim for the payment of millions of pounds worth of fees allegedly due under the contracts and for damages. The Chancery Division held that, on the facts and the true construction of the contracts, the claimant had established some, but not all of its claims. 

Negligence – Information or advice. The claimants employed the services of S, a patent attorney. They brought proceedings against S and companies connected to him contending that he had caused them loss through negligent advice. The Chancery Division held, in dismissing the claim and allowing S's counterclaim for unpaid fees, that, although S had acted negligently in some areas, negligent advice had not caused any loss and the loss claimed had not been caused by the negligent advice. 

Employment – Pay. The employee worked as a care worker at the employer's care home on 'sleep-in night' shifts. She successfully claimed in the employment tribunal (the tribunal) that the employer had unlawfully deducted her wages by failing to pay her the national minimum rate for carrying out 'time work' within the meaning of s 1(1) of the National Minimum Wage 1998 and regs 3 and 15 of the National Minimum Wage Regulations 1999, SI 1999/584. The Employment Appeal Tribunal, in dismissing the employer's appeal, held that the tribunal had been entitled to find that the employee had worked and had carried out duties during the sleep-in sessions and had been required to do so. 

Damages – Quantum – Loss of society. Court of Session: In an action by the family of a man who died of mesothelioma caused by negligent exposure to asbestos when working for the defenders, the court awarded £80,000 to his widow, £35,000 to each of his four children, and made awards ranging from £2,500 to £25,000 to his seven grandchildren. 

European Union – Freedom of movement. The Court of Justice of the European Union ruled that art 56 of the Treaty on the Functioning of the European Union precluded legislation under which companies established in one member state using workers employed and seconded by temporary employment agencies established in another member state, but operating in the first member state through a branch, were obliged to withhold tax and to pay to the first member state an advance payment on the income tax due by those workers, whereas the same obligation was not imposed on companies established in the first member state which used the services of temporary employment agencies established in that member state. 

European Union – Patent. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 1 and 3 of Regulation (EC) No 1610/96 of the European Parliament and of the Council (concerning the creation of a supplementary protection certificate for plant protection products). The request had been made in proceedings between Bayer CropScience AG (Bayer) and the German Patent and Trade Mark Office concerning the validity of a decision by which that office had refused to grant a supplementary protection certificate to Bayer in respect of a safener, Isoxadifen, and the salts and esters thereof. 

European Union – Trade marks. The General Court of the European Union dismissed Basic AG's action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to its application to register a figurative sign depicting the word 'BASIC' as a Community trade mark. In dismissing Basic AG's action, the General Court ruled that there had been a likelihood of confusion between the mark applied for and an earlier national registration.