Latest Cases

Contract – Breach of contract. The parties entered into a contract whereby the claimant provided exhibition contractor management services to the defendant for a travel catering show for a period of five years. Four months after signing the contract, the defendant sold the trade show to a third party. The claimant brought a claim for breach of contract. The Commercial Court, in allowing the claim, held that, on the proper construction of the contract, a clause exempting the defendant from liability where there were unforeseen circumstances, which led to the trade show being cancelled or not taking place, did not apply. 

European Union – Trade marks. The General Court dismissed the action brought by Gandia Blasco, SA (Gandia) against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in relation to invalidity proceedings between Gandia and Sachi Premium-Outdoor Furniture, Lda, concerning the application by Gandia for a declaration of invalidity in respect of a Community design held by Sachi intended to be applied to armchairs and loungers. 

Criminal law – Appeal. The defendant had raped the highly inebriated victim in circumstances where he had falsely portrayed himself as a taxi driver, lured her into his car and driven her to a secluded location to commit the offence. He received a sentence of seven-years-and-nine-months' imprisonment after a contested trial. The Attorney General applied for leave to refer the sentence as unduly lenient. The Court of Appeal, Criminal Division, in allowing the application held that on the circumstances of the case the sentence had been too short. The sentence was quashed and substituted with a sentence of ten years' imprisonment. 

Town and country planning – Planning permission. The Administrative Court dismissed the claimant residents' action group's application for judicial review of the defendant local authority's decision to grant two applications for planning permission for the redevelopment of two neighbouring sites. Applying established principles to the facts of the instant case, it was clear that the authority's screening opinion for the site A proposal had been lawful. Further, the approach taken by the authority to the site A proposal as 'enabling development' had been appropriate and lawful. 

Criminal law – Trespass. The defendants were convicted of trespassing at a store selling beauty products derived from Dead Sea mineral material. The Divisional Court dismissed their appeal, but certified a question. The defendants contended that the store had not been engaged in 'lawful activity' under s 68 of the Criminal Justice and Public Order Act 1994, as it had been involved in aiding and abetting war crimes, money laundering, taxation offences and labelling offences. The Supreme Court, in dismissing the appeal, held that the words 'lawful activity' in s 68 of the Act should be limited to acts or events that were 'integral' to the activities at the premises in question. Further, the postulated offences were either not demonstrated to have been committed or had been collateral, rather than integral to the core activity of selling. 

Trade mark – Opposition to registration. The Chancery Division considered challenges to a United Kingdom trade mark held by the defendant companies with regard to the sale of clothing. The court held that, while it would be appropriate to adjust the UK trade mark to exclude sporting goods of the sort sold by the claimant company, the mark remained valid and hence the claim would fail. 

Landlord and tenant – Breach of covenant to provide service. In considering whether the landlords had acted in breach of covenant under a lease in failing to remove a heap of rubble from an industrial estate, the Court of Appeal, Civil Division, held that the judge had erred in rejecting the claim on the sole basis that the tenant had known about the rubble when it had taken the lease. Nevertheless, the tenant's appeal was dismissed on the grounds that the clause relating to services under the lease could not have been construed as requiring the landlords to remove the rubble heap on the grounds that to do so would have improved the appearance of the estate. 

Commons – Registration. Two cases were before the Supreme Court where an application to rectify the register under s 14 of the Commons Registration Act 1965 had been made following the registration of an area of land as a town or village green. Both applications had been allowed at first instance. The Court of Appeal, Civil Division, had allowed one appeal and dismissed the other. Both cases were appealed. The Supreme Court, upholding the first instance decisions in both cases, gave guidance as to the proper approach in principle to the lapse of time in bringing an application for rectification under s 14 of the Act. 

Employment tribunal – Procedure. The Divisional Court dismissed the claimant trade union's application for judicial review of the defendant Lord Chancellor's decision to introduce a fees regime for bringing and pursuing claims in the employment tribunal and the Employment Appeal Tribunal. It could not be said that either the principle of effectiveness or equivalence had been breached, nor was it possible so soon after the introduction of the fees regime to reach a conclusion as to objective justification. 

Personal Injury. The Claimant sustained a fracture injury to his arm as a result of tripping on a protruding brick on a path under the control of the Defendant. He was awarded damages of £5,500 for pain suffering and loss of amenity.