Latest Cases

Bankruptcy – Petition. The Chancery Division, in dismissing the claimant's appeal against the grant of a bankruptcy order, held, among other things, that the registrar had been entitled for find that the claimant had been personally served with the petition of bankruptcy, as required by r 6.14 of the Insolvency Rules 1986 and as articulated in authority, notwithstanding that the process server had, in the presence of the claimant, handed it to a third party who had accompanied the claimant and who had thrown it in the bin. The claimant had been aware that the document was a petition seeking a bankruptcy order against him and the registrar had not made erroneous or unjustified findings of fact. 

Mental health – Court of Protection. The Court of Protection allowed an appeal by a local authority against a decision by a trial judge refusing to authorise a patient's deprivation of liberty in his home pursuant to s 16 of the Mental Capacity Act 2005. The Court found that the judge had, in her zeal to have the patient accommodated more suitably, failed to apply the best interests test by which all substantive decisions of the court were governed. Had she applied that test she could have granted the authorisation. 

Criminal evidence – Evidence of bad character. The Court of Appeal, Criminal Division, held that the judge's refusal to adduce evidence of the complainant's previous convictions, pursuant to s 100 of the Criminal Justice Act 2003, had not rendered unsafe the defendant's conviction for wounding with intent, contrary to s 18 of the Offences Against the Person Act 1861. The previous convictions did not have substantial probative value in relation to the real issue in the case. 

European Union – Trade marks. The General Court of the European Union granted the application made by BR IP Holder LLC (BR) for annulment of a 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 BR and Greyleg Investments Ltd, regarding the application by the latter company for registration of the word sign 'HOKEY POKEY' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Rod Leichtmetallrader GmbH (Rod) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Rodi TR, SL, and Rod concerning the successful registration by the latter of a figurative mark in black and white depicting the word 'ROD' as a Community trade mark. 

Criminal law – Manslaughter. The Court of Appeal, Criminal Division, held that an 11 year extended sentence, comprising a custodial term of 6 years and a licence period of 5 years, for a conviction of manslaughter, had been unduly lenient. The sentence would be quashed and substituted for an extended sentence of 17 years, comprising a custodial term of 12 years and a licence period of 5 years. 

Passing off – Get-up of goods. The Chancery Division dismissed the claimant's claim for passing off in respect its clinical wet wipes for use in the healthcare industry where, applying settled law to the facts, the claimant had failed to establish its case. There was no risk of deception amongst a sufficiently substantial number of the claimant's customers or potential customers for there to be a real effect on its goodwill. Further, the defendant's products did not amount to instruments of deception. 

European Union – Trade Marks. The General Court of the European Union dismissed the action brought by Laboratorios Ern SA (Laboratorios) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Laboratorios and michelle menard GmbH — Berlin cosmetics regarding the application by the latter company for registration of word mark 'Lenah. C' as a Community trade mark. 

European Union – Rules on competition. The General Court of the European Union dismissed the application by Mitsubishi Electric Corp. (Mitsubishi) or annulment of Commission Decision C(2012) 4381 of 27 June 2012, amending Decision C(2006) 6762 final of 24 January 2007, relating to a proceeding under art 81 [EC] and art 53 of the European Economic Area Agreement to the extent that it was addressed to Mitsubishi and Toshiba Corp., in so far as it concerned Mitsubishi and, in the alternative, for a reduction of the fine imposed on Mitsubishi. 

European Union – Rules on competition. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that that European Union law, in particular art 101 of the Treaty on the Functioning of the European Union and Regulation (EC) No 1/2003, should be interpreted as meaning that the instruments adopted in the context of the European Competition Network (ECN), in particular the ECN Model Leniency Programme, were not binding on national competition authorities.