Latest Cases

European Union – Trade marks. The Fourth Board of Appeal of the European Union Intellectual Property Office had correctly decided that the three-dimensional sign in the shape of a faucet for which registration as an EU trade mark was sought by the applicant company (Brita GmbH) was devoid of any distinctive character within the meaning of art 7(1)(b) of Regulation (EC) No 207/2009, as amended, in respect of all the relevant goods and services referred to by the examiner. Consequently, the General Court of the European Union dismissed Brita's action for annulment of the Board's decision.

Criminal law – Costs. Section 17 of the Prosecution of Offences Act 1985 was not intended to apply to civil proceedings in the High Court, even if they were consequential on criminal proceedings. Accordingly, the Queen's Bench Division set aside its previous order, holding that the private prosecutor was entitled to be paid out of central funds both his own costs as prosecutor and the costs he had been ordered to pay.

Medical practitioner – Disciplinary proceedings. There had been a procedural irregularity in the decision of the respondent General Osteopathic Council's Professional Conduct Committee to impose conditions of practice on the appellant's registration as an osteopath for a period of 12 months serious enough to render the decision unjust. The Administrative Court, in allowing the appellant's appeal, held that the content and tone of the lay member's questions were more troubling than the fact that the committee's questioning had lasted longer than the cross-examination.

Wills – Probate. The effect of the non-compliance with a condition imposed on a gift demised in a testator's will, meant that the condition applied to substituted beneficiaries, where the initial beneficiary had predeceased the testator. The Chancery Division further held that the substituted beneficiaries' failure to comply with the condition because they had not been aware of it had not made it impossible to fulfil and accordingly the effect of non-compliance with the condition had applied.

Highway – Maintenance. Section 36(2)(a) of the Highways Act 1980 applied to a public path, as it was not confined to where the highway had been constructed as such at the outset, it did not have to be constructed by a highway authority acting in that capacity and there was nothing in the respondent local authority's retrospectivity point. Accordingly, the Queen's Bench Division, in allowing the appellant's appeal, held that there had been a failure to maintain and the appellant had to succeed on liability.

European Union – Insurance. A vehicle parked in a private garage of a building which had not been moved for more than 24 hours, used in accordance with its function as a means of transport, had caught fire which had originated in the electrical circuit of that vehicle and had caused damage to that building. In proceedings concerning the reimbursement of the compensation which an insurance company had paid to the owner of the building, the Court of Justice of the European Union held, in a preliminary ruling, that the situation fell within the concept of 'use of vehicles' referred to in art 3 of Directive (EC) 2009/103 for the purposes of insurance against civil liability in respect of the use of motor vehicles.

European Union – Equality of treatment of men and women. Article 24 of Directive (EC) 2006/54 should be interpreted as meaning that it precluded national legislation under which, in a situation where a person who believed to be discriminated against on grounds of sex had lodged a complaint, an employee who had supported that person in that context was protected from retaliatory measures taken by the employer solely if that employee had intervened as a witness in the context of the investigation of that complaint and that that employee's witness statement satisfied formal requirements laid down by that legislation. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the award of compensation to the second applicant as a result of her dismissal.

Family proceedings – Child abduction. The father's application for the return of the parties' child to the State of Israel was granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Court of Appeal, Civil Division, dismissing the mother's appeal, held that whilst there had been no jurisdiction under the 1980 Convention, because the mother's retention of the child in England had not fallen within its scope, the judge had been entitled to make an alternative decision under the court's inherent jurisdiction.

Contract – Building contract. The claimant construction company's claim against the defendant employer succeeded, in proceedings concerning a venture to develop two houses in London in a Conservation Area. The Technology and Construction Court held that, among other things, Conservation Area Consent (CAC) had been required, and that the defendant had been in breach of an implied term by failing to use all due diligence to obtain the CAC.

Injunction – Interim. The claimant local authority succeeded, to the extent indicated in the judgment, on its application for interim injunctions against the defendants, who were engaged in protests outside a primary school. The defendants, who were mainly of the Muslim faith, were opposed to pupils at the school being taught about certain matters relating to sexual behaviour, sexuality and gender. The Queen's Bench Division, in granting the injunctions in a modified form, held that the authority had demonstrated that it would probably succeed at a trial in showing a risk that, unless restrained, the defendants would cause protest or demonstration which was unlawful and actionable. It held that, on the facts, interim injunctions were appropriate.