Latest Cases

Arbitration – Award. The claimant company's challenge to the findings of an arbitration tribunal succeeded. The Commercial Court held that there had been a breach of the requirement to act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponents, as set out in 33 of the Arbitration Act 1996.

European Union – Electronic communications networks and services. Article 2(c) of Directive (EC) 2002/21, as amended by Directive (EC) 2009/140 should be interpreted as meaning that a web-based email service which did not itself provide internet access, such as the Gmail service provided by Google LLC, did not consist wholly or mainly in the conveyance of signals on electronic communications networks and therefore did not constitute an 'electronic communications service' within the meaning of that provision. The Court of Justice of the European Union so held in a preliminary ruling in proceedings between Google LLC and Germany concerning a finding that Google's Gmail email service constituted a telecommunications service and ordering it, as a consequence, to comply with its obligation to register, failure to do so would give rise to a penalty payment.

Negligence – Causation. A brain injury, which the claimant HGV transporter driver had allegedly sustained in the course of his employment with the defendant company while securing a vehicle on to the top deck of a trailer, had not been caused by any sudden drop of the trailer deck, as contended. Accordingly, the Queen's Bench Division, in dismissing the claim, held that no question of negligence on the part of the defendant arose.

Minor – Child abduction. The mother's application for an order to return the child (MA) to the jurisdiction of England and Wales from Ghana succeeded. The Family Division held that, applying settled law to the facts, it retained jurisdiction to make orders in relation to MA and that it was in his best interests for the court to order his return. It further held that, in circumstances where the case involved a non-Convention country, it was in MA's best interests to make him a ward of the court. In so ruling, the court considered the relevant principles concerning applications for an order for the summary return of a child to the jurisdiction of England and Wales from a non-Convention country.

Chattel – Delivery up. The claimant company was, in respect of certain chattel fixtures, as with other chattels, liable in damages, at the rates which would have been payable under the relevant licences, pending any delivery up. The Chancery Division so ruled, among other things, in a counterclaim by which the defendants sought arrears of licence fees and damages in respect of a considerable quantity of valuable chattels and fixtures, relating to the historic contents of a stately home, which had been licensed to the claimant under a number of licence agreements.

European Union – Trade marks. The Fourth Board of Appeal of the European Union Intellectual Property Office had failed to strike a balance between the parties' interests within the meaning of the relevant caselaw and, accordingly, had committed a manifest error of assessment when considering the applicant company's appeal against the Opposition Division's decision to uphold the intervener company's opposition to the applicant's application for registration of the word sign 'VOGUE' as an EU trade mark. Consequently, the General Court of the European Union upheld the applicant's action for annulment of the Board's decision.

Extradition – Private and family life. It could not be said that the judge's balancing exercise in relation to rights under art 8 of the European Convention on Human Rights had been wrong. The Administrative Court, in dismissing the appellant's appeal against the order for his extradition to Poland pursuant to an accusation warrant for four offences of fraud, refused to admit further evidence as fresh evidence, because it would not assist in the determination of the appeal.

Company – Insolvency. The claimant liquidators' application for orders to recover certain sums in the administration of a company succeeded in part. The Chancery Division held that, among other things, it would not be appropriate to make a validation order with regard to certain direct debit payments, as sought by the respondent members' association. Further, the respondent had not shown that it was unjust to allow the liquidators' application for restitution to succeed with regard to the direct debit payments.

Immigration - Deportation - Deportation of criminals – . The respondent Jamaican national's appeal against a deportation order had been correctly allowed by the First-tier Tribunal (Immigration and Asylum Chamber). The Court of Appeal, Civil Division, held that proper focus had been given on the likely harm to the respondent's son, who had had emotional and psychological damage, if the respondent had been deported.

Insolvency - Bankruptcy - Bankrupt's estate – . The applicant trustees in bankruptcy sought declarations that proceeds from the sales of three properties held by the respondent daughter of the bankrupt formed part of the bankrupt's estate. The Business and Property Court, dismissing the application, held that, whilst the bankrupt had advanced an initial payment and acted as guarantor, he had merely acted to facilitate the mortgage of the properties for the respondent, those properties being in her name and the mortgage instalments being paid by her from the proceeds of rents received, with the result that the respondent had not held the properties as bare trustee for the bankrupt on resulting trust principles.