Latest Cases

Practice – Civil litigation. The Commercial Court dismissed an application by the owners of a vessel for relief from sanctions (initially under CPR 3.9) and for an extension of time to comply with an unless order to deliver up an electronic archive in respect of a claim brought against the defendant war risk underwriters, following an explosion on a vessel, which had been struck out for non-compliance with the order. The court found that the owners' story about their inability to hand over the archive was a fabrication and that, on a proper analysis, what the owners were really seeking (as reflected by their amended application notice) was a variation of the order to substitute for the absolute obligation to disclose the archive, in other words an application under CPR 3.1(7). The court ruled that there could be no question of any relief against sanctions in circumstances where breach of the unless order had not been remedied and there was no basis for a variation or revocation of the order or for relief from sanctions applying the 'Denton' three-staged test. Accordingly, the claim remained struck out. 

Immigration – Leave to remain. The Court of Appeal, Civil Division, allowed the appellant Pakistani national's appeal concerning the respondent Secretary of State's refusal of his application for leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) migrant, as she was not satisfied that the English language proficiency requirement in the Immigration Rules had been met. Whatever might have been the subjective intention of the Secretary of State in drafting the relevant 'evidential flexibility policy', it was not accepted that it could be read as if circumscribed by para 245AA of the Immigration Rules. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by Peter Chung-Yuan Chang against a decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, upholding an appeal by the intervener company, BSH Hausgeräte GmbH, against the Cancellation Division's decision, rejecting its application for a declaration of invalidity in respect of the applicant's registration of the word mark 'AROMA'. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by GRE Grand River Enterprises Deutschland GmbH against a decision of the First Board of Appeal of the European Union Intellectual Property Office concerning an application by that company for registration of a figurative sign 'Mark1' as a European Union trade mark. 

Bankruptcy – Privilege. The Chancery Division ruled that the claimant's trustees in the bankruptcy had acquired the benefit of his legal professional privilege with respect to one of three categories of documents held by the second defendant solicitors, who were also acting for the claimant's creditor (A). Both A and the claimant had been engaged in hostile litigation. In all the circumstances, no order was granted requiring the solicitors to cease acting for the trustees. However, an injunction was granted requiring the solicitors to cease acting for A. 

Disclosure and inspection of documents – Application for disclosure. The Patents Court considered the issue of disclosure in a dispute relating to a guidance system for a robotic lawnmower. It held that, applying the correct approach under the CPR as it currently stood, an order for standard disclosure, or an order for issue based disclosure including the issue of obviousness, would not be in accordance with the overriding objective in the case. 

Sale of goods – Passing of property. The Supreme Court, in dismissing the appeal, held that arbitrators had correctly concluded that a contract for bunkers of fuel oil and gasoil had not been one of sale within s 2 of the Sale of Goods Act 1979, with the result that the appellants could have no possible defence under s 49 of the Act to the claim for the price. Further, it was not subject to any implied term, regarding performance by the first respondent (or its parent company) of any supply contract higher up the chain, though it was, no doubt, subject to an implied promise by the first respondent that the first respondent was entitled to supply them to the appellants on terms permitting their use for the propulsion of the vessel before payment. 

European Union – Trade marks. The General Court of the European Union partially allowed the action brought by Zuffa, LLC against a decision of the Second Board of Appeal of the European Union Intellectual Property Office concerning its application for registration of the word mark 'ULTIMATE FIGHTING CHAMPIONSHIP' as an European Union trade mark. 

Contract – Construction. The Technology and Construction Court made rulings concerning three contracts between the parties, in a dispute about the defendant company's entitlement to payment under a 'team partnering agreement' and two supplementary agreements, and the extent to which that payment required satisfaction of various stated key performance indicators. 

National Health Service – Northern Ireland Commissioner for Complaints. The Supreme Court dismissed an appeal by the applicant wife of the deceased against a finding of the Court of Appeal that the Complaints Commissioner of Northern Ireland did not have the power to recommend monetary redress at all in a case where the Commissioner had found failings in the medical practice where the deceased had been treated. The court held, among other things, that it could not have been proper for the Commissioner to recommend a payment of money and to threaten to report on the respondent's failure to pay it.