Latest Cases

European Union – Trade marks. The General Court of the European Union allowed the action brought by Ferring BV (Ferring) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Ferring and Tillotts Pharma AG (Tillotts) relating to the application by Tillotts for registration of the word sign 'OCTASA' as a Community trade mark. 

Administration of estates – Action against former executors – Prescription. Court of Session: Granting decree of absolvitor in an action for damages by a widow against the former executors of her deceased husband's estate alleging failures in the administration of the estate, the court held that the action had prescribed. 

Negligence – Duty to take care. The claimant was seriously injured when his bicycle was struck by a police car. In the course of the claimant's action for damages against the defendant Metropolitan Police Commissioner, the Queen's Bench Division considered liability for the accident. On the evidence, the police car had struck the claimant from behind and had been driven without such care and skill as had been reasonable in all the circumstances, and, but for the breach of duty, the injury to the claimant would not have occurred. In the circumstances, the defendant was liable for the accident. 

Trusts and trustees – Breach of trust. Court of Session: In an action in which the pursuer sued his brother, contending that he had borrowed from trust funds in breach of trust, the court held that the pursuer had consented to the money being loaned to the defender, his fellow trustee and beneficiary, and he could not subsequently complain that what had been done with his consent amounted to a breach of duty. 

Immigration – Asylum. Court of Session: Dismissing a judicial review petition in which a failed Namibian asylum seeker challenged a decision to certify his asylum claim so as to deny a right of appeal, the court rejected contentions that the asylum claim should have been treated as a 'fresh claim' application, that there was no proper basis for finding that there was 'no satisfactory reason' for the petitioner not having raised the asylum matter previously, and that there was a failure to have regard to all relevant factors in making the certification decision. 

Practice – Summary judgment. The proceedings concerned the alleged links between a number of companies and an alleged Ponzi scheme. In the course of proceedings, the first three defendant companies applied for an order giving summary judgment or striking out the claim. The Commercial Court held that, in the circumstances, it would not be appropriate to grant summary judgment as sought. 

Building contract – Adjudication. In the course of a building dispute, the defendant company, Dovehouse, sought to commence adjudication. An adjudicator was appointed, but later resigned. The question arose as to whether adjudication proceedings had been commenced. The Technology and Construction Court held that an invalid referral did not render invalid a notice of adjudication for the purpose of commencing adjudication proceedings. 

Prison – Prisoner. In refusing permission to apply for judicial review on the grounds of an alternative remedy, the Administrative Court gave guidance as to when complaints made by prisoners arising in connection with adjudications were suitable for a reference to the interested party Prison and Probation Ombudsman, on the one hand, and for applications for judicial review, on the other. 

Practice – Pre-trial or post-judgment relief. The claimant, the United States of America, had successfully obtained a freezing injunction in relation to corrupt activities allegedly carried out by the defendants, which had entailed money laundering within the jurisdiction of the USA in relation to Nigeria. The claimant sought to extend the injunction. The Commercial Court, in allowing the application, held that unquestionably expedient for the court to render the assistance sought by the claimant in aid of the claimant's claim. 

Immigration – Leave to remain. Court of Session: Refusing a judicial review petition challenging the refusal of a visa overstayer's application for leave to remain in the UK, the court rejected the contention that the decision maker had unreasonably failed to exercise the Home Secretary's discretion outside the Immigration Rules.