Latest Cases

European Union – Trade marks. The General Court of the European Union ruled on two actions brought by Harrys Pubar AB (HP) and Harry's New York Bar SA (HNYB) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (joined Cases R 946/2012-1 and R 995/2012-1), relating to opposition proceedings between HP and HNYB concerning the application by the latter for registration of the word mark 'HARRY'S BAR' as a Community trade mark. 

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling, deciding that Council Directive (EEC) 93/13 precluded national legislation, such as that at issue in the main proceedings, which did not permit the court ruling on the enforcement of an order for payment to assess of its own motion whether a term in a contract concluded between a seller or supplier and a consumer was unfair, when the authority hearing the application for an order for payment did not have the power to make such an assessment. 

Contract – Intimidation. The Court of Appeal, Civil Division, dismissed the claimant's appeal in respect of disputes that had arisen after he had sold, to the claimant, his shares in the company of which they had been directors. The claimant had not been intimidated into selling his shares, there had been nothing unfair or prejudicial in the judge's conduct of the case and the claimant's claim for a contribution to the sums that he owed the company failed as the sums that he had misappropriated had been for his exclusive benefit. 

Minor – Abduction. The Family Division dismissed the mother's application to strike out the father's application under the Hague Convention for the return of his children to Spain from England. It was generally inappropriate for the courts to entertain an application to strike out a summary application under the Convention, save in the exceptional circumstances which were not present in the instant case. 

Insolvency – Bankruptcy. The Chancery Division dismissed the appellant's appeal against an order that his discharge from bankruptcy be suspended for 12 months. Even if one removed from consideration the failure to cooperate in the provision of particular bank statements, a 12-month suspension was entirely appropriate looking at the appellant's breaches of obligation in the round. 

European Union – Trade marks. The General Court of the European Union ruled on two actions brought by Harrys Pubar AB (HP) and Harry's New York Bar SA (HNYB) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (joined Cases R 1038/2012-1 and R 1045/2012-1), relating to opposition proceedings between HP and HNYB concerning the application by the latter for registration of the word mark 'HARRY'S NEW YORK BAR' as a Community trade mark. 

Pension – Occupational pension scheme. The Chancery Division, in allowing the appellant's appeal, considered the definition of 'transfer credits' in s 181(1) of the Pension Schemes Act 1993. It held that the pensions ombudsman had wrongly construed the definition of the phrase and, consequently, the appellant had been entitled to require the respondent mutual insurance society to transfer the cash equivalent of her accrued rights under her personal pension scheme, so that she would be awarded transfer credits in relation to her occupational pension scheme. 

Warranty – Breach. The Chancery Division allowed the claimant company's claim in part, where there had been breaches of warranty at a number of warehouses which the claimant had purchased. The court held that the claimant was entitled to recover various sums for breaches of warranty and for professional fees, totalling £497,186.52. 

Practice – Pre-trial or post-trial judgment relief. The Queen's Bench Division granted summary judgment to the applicant investors (members of the Davies Group) who had invested in a Caribbean development scheme. It ruled that the applicants were entitled to the sum that the respondents (directors of Harlequin Property (SVG) Ltd) had agreed to pay in a settlement agreement made with them in October 2014. That settlement had arisen out of the applicants' claim that they had been induced to enter contracts concerning the development. The court held that the respondents' subsequent claim that they had been induced to enter into the settlement agreement by misrepresentation had no realistic prospect of success and had all the hallmarks of an attempt by the respondents to avoid their obligations under the agreement. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Infinite Cycle Works Ltd (ICWL) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Chance Good Ent. Co., Ltd, and ICWL, regarding the application by the latter for registration of the word mark 'INFINITY' as a Community trade mark.