Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by MHCS against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between MHCS and Ambra SA (Ambra), concerning the application by Ambra for registration of a figurative sign as a Community trade mark. 

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. 

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. 

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. 

European Union – Consumer protection. The Court of Justice of the European Union ruled that art 4(a) of Commission Delegated Regulation (EU) No 1062/2010 (supplementing Directive (EU) 2010/30 of the European Parliament and of the Council with regard to energy labelling of televisions) should be interpreted as meaning that the obligation for dealers to ensure that each television, at the point of sale, bore the label provided by the suppliers in accordance with art 3(1) of that regulation applied only to televisions which had been placed on the market, namely, dispatched for the first time by the manufacturer with a view to their distribution in the sales chain, from 30 November 2011. 

Mental health – Persons who lack capacity. The claimant, who had previously suffered a stroke, entered into a written guarantee under which he assumed the obligations of primary obligor for the debt. The claimant, by his representative, applied to set aside a statutory demand issued by the defendant in respect the debt, contending that he had lacked mental capacity. A deputy registrar dismissed the application. The Chancery Division, dismissing the claimant's appeal, held that the deputy registrar had applied the correct legal test, namely, the defendant's knowledge of the claimant's alleged incapacity and that, on the facts, the deputy registrar's decision was correct. 

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. 

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. 

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.