Latest Cases

Patent – Infringement. The Chancery Division dismissed the claimant companies' claim that the defendant had infringed their patent, European Patent (UK) 1 656 306, entitled 'opening devices for foil closures'. Neither of the defendant's products fell within the scope of either of the claimants' claims. It followed that none of the defendant's acts had infringed the patent. 

Banking and finance – Lending and security – Performance bond – Notice calling up bond – Validity. Court of Session: Refusing a reclaiming motion in an action seeking payment of a sum said to be due by the defender under a performance guarantee bond it had granted in favour of the pursuer in security of the obligations of the operator of an opencast mine to restore the land following the cessation of mining operations, in which the defender asserted that the notice the pursuer served to call up its liability under the bond was invalid, the court held that the Lord Ordinary was correct to conclude that the notice sent by the pursuer was an effective notice in the light of the terms of the bond. 

Public procurement – Tender process. Court of Session: Pronouncing decree of absolvitor in action in which the unsuccessful bidders in a competition for the award by the defenders of a contract for the provision of ferry services sought damages, contending that the defenders breached the duty of transparency imposed by reg 4(3) of the Public Contracts (Scotland) Regulations 2006 in two respects, the court rejected contentions that the defenders had failed to define the subject matter of the contract with the clarity required by law and that their evaluation of the freight proposals in the bids which had been submitted had been carried out without reference to any objective criteria. 

Parent and child – Child protection – Grounds for referral to children's hearing. Sheriff Court: Refusing an appeal by a child's maternal grandmother, challenging the establishment of grounds for referral to a children's hearing, the court rejected contentions that the sheriff had failed to apply the correct test in relation to the particular ground found established, that his findings in fact were insufficient to entitle him to hold the ground for referral established, and that he had erred in the exercise of his discretion by allowing amendment to be made to the supporting facts once the evidence had been concluded and at the stage of closing submissions. 

Company – Administration order. The Companies Court held that Council Regulation (EC) 1346/2000 applied to the administration of a company which was authorised to undertake both insurance and reinsurance business but which, in practice, only undertook the latter type of business. 

Minor – Custody. The Family Division, on the father's application for the return to Ireland of his 13-year-old son, A, concluded that A's return to Ireland would be ordered, despite his objections. Among other things, it held that, against the expressed strength of A's objections, the countervailing considerations were compelling and the clear influence of the mother and of A's older half-brother upon the development of his objections could not be ignored. 

Employment – Disability discrimination. The Employment Appeal Tribunal dismissed the employer's appeal against a finding by the employment tribunal (ET) that an employee's claim for disability discrimination began to run by a specified date. It held that the tribunal's decisions to extend time under s 123(1)(b) of the Equality Act 2010 in respect of that claim and a separate claim of harassment had been wrong in law. 

Landlord and tenant – Repair. The Court of Appeal, Civil Division, upheld the dismissal of a claim under s 4 of the Defective Premises Act 1972, which the appellant had brought, following her having slipped and fallen as she had walked up the stairs of a property. Among other things, it held that there was little doubt that, without a handrail, the staircase was a hazard. However, as unsafe as it might have been, there was nothing about it that could possibly justify the description of being in disrepair. 

Medical practitioner – Professional conduct committee. The Court of Appeal, Civil Division, allowed the General Medical Council's appeal in two conjoined cases and remitted both matters to the High Court. In doing so, the court gave guidance on the approach to be taken by the Fitness to Practise Panel in proceeding without the individual present or represented at the hearing and the question of the admissibility of fresh evidence both as to the reason for non-appearance and the general merits. 

Conflict of laws – Foreign government. The Commercial Court adjourned a case concerning a dispute over which of two regimes was recognised as the government of Libya following the fall of Colonel Gaddafi in 2011. The dispute arose in respect of Libya's Sovereign Wealth Fund (LIA), which had assets of approximately US$67bn and in circumstances where, shortly before the trial was due to start, the Foreign and Commonwealth Office had written to the court and the parties stating Her Majesty's Government's (HMG) position on the question of recognition. The court held, on a point of principle, that where the court had received a formal communication from the British government, it was that communication which was the voice of HMG for legal purposes and it was not open to the court to set aside the letter and look at other material in an attempt to identify what the position of HMG actually was. In the circumstances, it would be both contrary to principle and premature at the present time to rule on the issue as to the chairmanship of the LIA.