Latest Cases

Practice – Pre-trial or post-judgment relief. The Court of Appeal, Civil Division, allowed an appeal against the judge's refusal to make an order for security for costs. The judge had erred in finding that there was no reason to believe that the claimant would be unable to pay if it lost. If there was a practice of the Commercial Court that security for costs would often be granted against a foreign company who was not obliged to publish accounts, had no discernible assets and declined to reveal anything about its financial position, that practice was a sound one. The court gave guidance on the approach to be taken in such applications, in particular in CPR Pt 20 proceedings and where there was an agreed, and court approved, costs budget regarding costs already incurred. 

Local government – Community charge. The Administrative Court allowed the claimant's challenge to the defendant community infrastructure levy (CIL) collecting authority's decision to issue liability and demand notices with respect to the grant of separate planning permissions for a mezzanine floor and external works. It accepted the claimant's argument that the mezzanine planning permission fell within the exemption created by reg 6(1)(c) of the Community Infrastructure Levy Regulations 2010, SI 2010/948, and the external planning permission created no floor space and so was not liable to CIL. 

Director – Duty. The Chancery Division held that the defendant, A, had acted in breach of fiduciary duty in causing the claimant companies to grant security over various properties held by them to support a facility obtained by another company owned by a discretionary trust of which A was a beneficiary. On the facts, there was no limitation issue in relation to the breaches. 

Patent – Revocation. The Patents Court, among other things, held that it had jurisdiction to grant a declaration sought by the claimant company that its products, which were biosimilar to the antibody 'adalimumab' used for the treatment of rheumatoid arthritis, psoriatic arthritis and/or psoriasis, would have been obvious at the priority dates of the defendant's patents. Section 74 of the Patents Act 1977 did not prohibit a declaration relating to a published application. 

Employment – Remuneration. The Court of Appeal, Civil Division, dismissed the defendant's appeal in respect of the judge's decision that the claimant had been underpaid commission in respect of a deal and that the defendant should have allocated two-thirds of the available commission to the United Kingdom office. In particular, the court considered whether the judge had been right to have interfered with the defendant's exercise of what it described as the broad discretion provided to it in the contractual documents. 

European Union – Treaty provisions. The Court of Justice of the European Union dismissed the action brought by the European Commission against Malta, by which the Commission had sought a declaration that by deducting the value of civil-service old-age pensions received under pension schemes from other member states from Maltese old-age pensions, Malta had failed to fulfil its obligations under art 46b of Council Regulation (EEC) 1408/71 and under art 54 of Regulation (EC) No 883/2004, as amended by Regulation (EU) No 465/2012. 

European Union – Trade marks. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 5(1) of Directive (EC) 2008/95. The request had been made in proceedings between Daimler AG and Együd Garage Gépjárműjavító és Értékesítő Kft., (Együd Garage)concerning the continued appearance on the internet of advertisements naming the latter as an 'authorised Mercedes-Benz dealer' following the termination of the contract which had given it the entitlement to use that trade mark. 

Arbitration – Award. The Commercial Court dismissed the claimant's appeal against awards made in an arbitration for apparent bias based on alleged conflict of interest on the part of the arbitrator. On the evidence, and on the application of the 2014 International Bar Association Guidelines on Conflicts of Interest in International Arbitration, the fair minded and informed observer would not have concluded that there had been a real possibility that the tribunal had been biased, or had lacked independence or impartiality. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Advance Magazine Publishers ,Inc., (Advance) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Selecciones Americanas, SA and Advance regarding the application by the latter for registration of the word sign 'VOGUE CAFE' as a Community trade mark. 

Risk of sexual harm order (RSHO) – Interim order. Sheriff Court: Allowing an appeal against a sheriff's decision refusing a motion for an interim RSHO, the court held that the basis for the sheriff's conclusion that it was not just to make an interim RSHO was flawed: he ought to have given due weight to the more general risk the respondent posed rather than to certain, particular circumstances in which the risk might have happened to manifest itself.