Results: 123

• A v C

  12 Feb 2020 [2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD (Foxton J)

  19 Mar 2020 [2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA (Flaux, Newey, Males LJJ)

  Subsequent citations: 1.
  ARBITRATION — Practice — Examination of witnesses
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  Case index catchwords

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• In re Barclays Bank plc

  29 Oct 2018 [2018] EWHC 2868 (Ch); [2020] Bus LR 497; [2019] 2 All ER (Comm) 356; [2019] 1 BCLC 330; [2019] WLR(D) 535, Ch D (Zacaroli J)

  Subsequent citations: 5.
  FINANCIAL SERVICES — Business transfer — Sanction
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  Case index catchwords

  FINANCIAL SERVICES — Business transfer — Sanction — First and second interconnected banks seeking to transfer part of banking businesses — Court only having jurisdiction to sanction bank transfer scheme if transferor deposit-taking institution — Second bank not having authorisation to accept deposits — Whether court having jurisdiction to order transfer of second bank’s business as matter incidental, consequential and supplementary to first bank’s scheme and necessary to secure scheme fully carried out — Financial Services and Markets Act 2000 (c 8), s 112(1)(d)

  1 Case considered

  1 Statute considered

• mk advokaten GbR v MBK Rechtsanwälte GbR

  02 Jul 2020 (Case C-684/19); EU:C:2020:519; [2020] Bus LR 2018; [2020] WLR(D) 386, ECJ (President of Chamber I Jarukaitis,Judges M Ilešič, C Lycourgos,Advocate General M Szpunar)

  Subsequent citations: 3.
  TRADE MARK — Proprietor’s rights — Prevention of “use”

  EUROPEAN UNION — Reference for a preliminary ruling — Trade marks
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Prevention of “use” — Trader withdrawing infringing advertisement placed by it on internet — Reproductions of advertisement placed by website operators independently of trader continuing to appear on internet — Whether trader liable for “using” sign identical with trade mark — Parliament and Council Directive 2008/95/EC, art 5(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Use in the course of trade of a sign that is identical with or similar to another person’s trade mark for goods or services that are identical with or similar to those for which that mark is registered — Scope of the term ‘using’ — Advertisement placed on a website by order of a person operating in the course of trade and subsequently reproduced on other websites

  2 Case(s) considered

  1 EU Enactment considered

• Martin v Harris

  21 Oct 2019 [2019] EWHC 2735 (Ch); [2020] Bus LR 122; [2019] WLR(D) 579, Ch D (Michael Green QC sitting as a deputy High Court judge)

  ARBITRATION — Appeal — Court’s jurisdiction
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  Case index catchwords

  ARBITRATION — Appeal — Court’s jurisdiction — Costs — Arbitrator making substantive award and separate costs award in defendant’s favour — Claimants successfully appealing substantive award — Whether court having jurisdiction to make order in relation to arbitration costs in absence of specific appeal against costs award — Whether costs award ceasing to have effect once substantive award overturned — Powers available to court consequent on costs award being set aside — Arbitration Act 1996 (c 23), s 69

  ARBITRATION — Appeal — Court’s jurisdiction — Costs — Arbitrator making substantive award and separate costs award in defendant’s favour — Claimants successfully appealing substantive award — Whether court having jurisdiction to make order in relation to arbitration costs in absence of specific appeal against costs award — Whether costs award ceasing to have effect once substantive award overturned — Powers available to court consequent on costs award being set aside — Arbitration Act 1996 (c 23), s 69(1)(7)

  1 Case considered

  1 Statute considered
• Coty Germany GmbH v Amazon Services Europe SÀRL

  02 Apr 2020 (Case C-567/18); EU:C:2020:267; [2020] Bus LR 777; [2020] WLR(D) 209, ECJ (President of Chamber E Regan, Judges I Jarukaitis, E Juhász, M Ilešič, C Lycourgos, Advocate General M Campos Sánchez-Bordona)

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 13.
  TRADE MARK — Proprietor’s rights — Prevention of use

  EUROPEAN UNION — Reference for a preliminary ruling — EU trade mark
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Prevention of use — Third party offering infringing goods on online market place — Warehouse operator unaware of infringement storing goods on behalf of third party — Whether warehouse operator stocking goods for purpose of offering or putting them on market — Whether “using” trade mark — Council Regulation No 207/2009, art 9(1)(2)(b) — Parliament and Council Regulation 2017/1001, art 9(1)(2)(3)(b)

  EUROPEAN UNION — Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9 — Regulation (EU) 2017/1001 — Article 9 — Rights conferred by a trade mark — Use — Stocking of goods for the purposes of offering them or putting them on the market — Storage with a view to dispatching goods sold in an online marketplace which infringe trade mark rights

  2 EU Enactments considered
• Airhelp Ltd v Scandinavian Airlines System Denmark – Norway – Sweden

  23 Mar 2021 (Case C-28/20); EU:C:2021:226; [2021] Bus LR 674; [2021] WLR(D) 171, ECJ (GC) (President K Lenaerts,Vice-President R Silva de Lapuerta,Presidents of Chambers J-C Bonichot, A Arabadjiev, A Prechal, L Bay Larsen, A Kumin, N Wahl,Judges T von Danwitz, C Toader, M Safjan, D Šváby, I Jarukaitis, N Jääskinen, J Passer, Advocate General P Pikamäe)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2024. Subsequent citations: 12.
  AIRCRAFT — Carriage by air — Compensation and assistance to passengers
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  Case index catchwords

  AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Pilots’ union lawfully initiating strike after notice given to air carrier — Carrier cancelling flight — Whether cancellation caused by “extraordinary circumstances” — Parliament and Council Regulation (EC) No 261/2004, art 5(3)

  1 Case considered

  1 EU Enactment considered

• CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The Pacific Voyager)

  18 Oct 2017 [2017] EWHC 2579 (Comm); [2017] Bus LR 2125; [2018] 2 All ER (Comm) 62; [2018] 1 Lloyd's Rep 57; [2017] WLR (D) 683, QBD (Popplewell J)

  06 Nov 2018 [2018] EWCA Civ 2413; [2020] Bus LR 192; [2019] 1 All ER (Comm) 875; [2019] 1 Lloyd's Rep 370; [2018] WLR (D) 683, CA (Longmore, King LJJ, Sir Rupert Jackson)

  SHIPPING — Charterparty — Construction
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  Case index catchwords

  SHIPPING — Charterparty — Construction — Parties entering into voyage charter of vessel — Charter not stipulating expected loading date but providing cancelling date and estimated loading dates on previous voyage — Damage to vessel preventing arrival at loading port by cancelling date in charterparty — Whether absolute obligation on vessel’s owner to commence approach voyage to loading port by date which made vessel’s arrival by cancelling date reasonably certain

  SHIPPING — Charterparty — Construction — Vessel chartered out while still performing previous charter — Charter containing expected time of arrival at last discharge port under previous charter but no expected time of arrival or readiness to load at loading port — Charter requiring owner to proceed to port with utmost dispatch — Whether owner’s failure to commence approach voyage to loading port by particular date breach of charter — Relevance of estimates contained in itinerary for previous charter

  4 Case(s) considered
• Nederlands Uitgeversverbond v Tom Kabinet Internet BV

  19 Dec 2019 (Case C-263/18); EU:C:2019:1111; [2020] Bus LR 983; [2019] WLR(D) 696, ECJ (President K Lenaerts, Vice-President R Silva de Lapuerta, Presidents of Chambers A Arabadjiev, A Prechal, M Vilaras, PG Xuereb, LS Rossi, I JarukaitisJudges E Juhász, M Ilešič, J Malenovský, C Lycourgos, N PiçarraAdvocate General M Szpunar)

  Subsequent considerations : 1 neutral; most recently considered: 2025. Subsequent citations: 25.
  COPYRIGHT — Authors’ rights — Intangible works

  EUROPEAN UNION — Reference for a preliminary ruling — Harmonisation of certain aspects of copyright and related rights in the information society
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  Case index catchwords

  COPYRIGHT — Authors’ rights — Intangible works — Defendant reselling e-books to individuals registered on its website — Whether supply constituting either communication to public or act of distribution — Parliament and Council Directive 2001/29/EC, arts 3(1), 4(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 3(1) — Right of communication to the public — Making available — Article 4 — Distribution right — Exhaustion — Electronic books (e‑books) — Virtual market for ‘second-hand’ e‑books

  1 Case considered

  1 EU Enactment considered

• In re G & G Properties Ltd (Griffith v Gourgey, In re Pedersen (Thameside) Ltd, Mewslade Holdings Ltd v Gourgey, In re Bankside Hotels Ltd)

  25 Oct 2018 [2018] EWHC 2807 (Ch); [2019] 2 BCLC 174, Ch D (Sir Nicholas Warren)

  22 Nov 2019 [2019] EWCA Civ 2046; [2020] Bus LR 762; [2020] 1 BCLC 1; [2019] WLR (D) 653, CA (Sir Terence Etherton MR, David Richards, Newey LJJ)

  Subsequent citations: 6.
  PRACTICE — Unfair prejudice petition — Amendment

  COMPANY — Unfair prejudice — Petition

  PRACTICE — Pleadings — Amendment
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  Case index catchwords

  PRACTICE — Unfair prejudice petition — Amendment — Petitioners applying to amend petitions and points of claim following strike out — General principles applying to applications to strike out or amend pleadings in unfair prejudice proceedings — Test of attribution of unfairly prejudicial conduct — Whether petitioners’ application to be granted — Companies Act 2006 (c 46), s 996

  COMPANY — Unfair prejudice — Petition — Allegations of breach of duty made against directors in points of claim but not in petition — Whether petition to be struck out — Companies Act (c 46), s 994

  PRACTICE — Pleadings — Amendment — Order striking out respondent’s points of defence following failure to respond to request for information — Court permitting amendment of petition — Whether in light of amendment respondent to be permitted to plead full defence

  1 Case considered

  1 Statute considered

• Taylor v Van Dutch Marine Holding Ltd (Taylor v Rhino Overseas Inc)

  22 Jul 2019 [2019] EWHC 1951 (Ch); [2019] Bus LR 2610; [2019] WLR (D) 491, Ch D (Julia Dias QC sitting as a deputy High Court judge)

  10 Mar 2020 [2020] EWCA Civ 353; [2020] Bus LR 1486; [2021] 1 All ER 235; [2020] WLR (D) 146, CA (Underhill, Henderson, Arnold LJJ)

  Subsequent citations: 9.
  CONTRACT — Agency — Undisclosed

  PRACTICE — Appeal — Permission to appeal
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  Case index catchwords

  CONTRACT — Agency — Undisclosed — Claimant obtaining default judgment in claim for breach of contract and misrepresentation — Judgment not satisfied — Claimant joining undisclosed principals to claim — Whether default judgment against agent barring action against undisclosed principals for breach of contract and/or in misrepresentation

  CONTRACT — Agency — Undisclosed — Agency agreement authorising agent to enter into commitments, obligations and liabilities with third parties — Whether authorising agent to enter into short-term bridging loan at high rate of interest

  PRACTICE — Appeal — Permission to appeal — Grounds of appeal including challenge to lower court’s findings of fact — Obligation to address challenge in skeleton argument — CPR Practice Direction 52C, para 5

  4 Case(s) considered

  1 Statutory Instrument considered