Results: 91

• In re Maud (Edgeworth Capital (Luxembourg) SARL v Maud, Libyan Investment Authority v Maud)

  08 Jun 2020 [2020] EWHC 1469 (Ch); [2021] Bus LR 1533; [2020] WLR(D) 335, Ch D (Snowden J)

  BANKRUPTCY — Costs — Order
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  BANKRUPTCY — Costs — Order — Creditors bringing two separate bankruptcy petitions against debtor — Bankruptcy order made on second petition rather than first — Whether court having jurisdiction to award both creditors’ costs as expense of bankruptcy — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 10.149(i)

  1 Case considered

  1 Statutory Instrument considered

• European Union Intellectual Property Office (EUIPO) v John Mills Ltd (Jerome Alexander Consulting Corpn intervening)

  15 Oct 2018 (Case T‑7/17); EU:T:2018:679, EGC

  11 Nov 2020 (Case C-809/18P); (Case C-809/18 P); EU:C:2020:902; [2021] Bus LR 123; [2020] WLR(D) 609, ECJ ( President of Chamber E Regan, Judges M Ilešič, E Juhász, C Lycourgos, I Jarukaitis, Advocate General G Pitruzzella)

  Subsequent citations: 8.
  TRADE MARK — European Union trade mark — Opposition

  EUROPEAN UNION — Appeal — EU trade mark
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  TRADE MARK — European Union trade mark — Opposition — Applicant distributor of cosmetic company’s goods applying for registration in its own name for registration of mark similar to mark previously registered by cosmetic company — Provision preventing registration of mark applied for by trade mark proprietor’s agent or representative without proprietor’s consent — Board of Appeal of EUIPO applying provision and rejecting distributor’s application — Whether distributor “agent” or “representative” of cosmetic company — Whether provision applying if goods covered by application similar but not identical to those covered by proprietor’s mark — Whether applying if proprietor’s mark and mark applied for only similar — Whether Board of Appeal’s decision to be annulled — Council Regulation (EC) No 207/2009, art 8(3)

  EUROPEAN UNION — Appeal — EU trade mark — Regulation EC No 207/2009 — Opposition proceedings — Relative ground for refusal — Article 83 — Scope — Identity or similarity of the mark applied for to the earlier mark — EU word mark MINERAL MAGIC — Application for registration by the agent or representative of the proprietor of the earlier mark — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER

  2 Case(s) considered

  1 EU Enactment considered

• Leidos Inc v The Hellenic Republic (Leidos Inc v Greece)

  17 Oct 2019 [2019] EWHC 2738 (Comm); [2021] Bus LR 385; [2020] 1 Lloyd's Rep 37; [2019] 2 CLC 674; [2019] WLR (D) 576, QBD (Jacobs J)

  Subsequent citations: 1.
  ARBITRATION — Award — Enforcement

  COSTS — Order for costs — Discretion of court
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  ARBITRATION — Award — Enforcement — Court having discretion to refuse to enforce New York Convention award if award suspended by court of seat of arbitration — Definition of “suspended” — Arbitration Act 1996 (c 23), s 103(2)(f)

  COSTS — Order for costs — Discretion of court — Court of seat of arbitration suspending enforcement of award pending determination of challenge — Party applying to English court to enforce award while suspension still in force — Court of seat subsequently dismissing challenge and lifting suspension — Whether party’s conduct in bringing enforcement application while suspension in force justifying departure from general rule that successful party entitled to its costs — CPR r 44.2

  1 Statute considered

  1 Statutory Instrument considered

• Alpha Marine Corpn v Minmetals Logistics Zhejiang Co Ltd (The Smart)

  05 May 2021 [2021] EWHC 1157 (Comm); [2021] Bus LR 1391; [2022] 1 All ER (Comm) 974; [2022] 1 Lloyd's Rep 1; [2021] WLR(D) 257, QBD (Butcher J)

  SHIPPING — Charterparty — Implied term
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  SHIPPING — Charterparty — Implied term — Time charterers sub-chartering vessel pursuant to voyage charter providing freight payable even if cargo lost — Bills of lading providing freight payable as per voyage charter — Vessel lost during voyage — Owners issuing freight invoice to shippers under bills of lading and revoking time charterer’s authority to receive freight from shippers — Whether charterparty containing implied term restricting owners’ right to revoke charterers’ authority to receive freight

  1 Case considered

• Facebook Inc v Competition and Markets Authority

  13 Nov 2020 [2020] CAT 23, CAT (Hodge Malek QC, Tim Frazer, Timothy Sawyer)

  13 May 2021 [2021] EWCA Civ 701; [2021] Bus LR 1178; [2022] 1 All ER (Comm) 33; [2021] WLR(D) 277, CA (Sir Geoffrey Vos MR, Sir Julian Flaux C, Phillips LJ)

  COMPETITION — Merger — Initial enforcement order

  COMPETITION — Merger — Pre-reference powers
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  COMPETITION — Merger — Initial enforcement order

  COMPETITION — Merger — Pre-reference powers — Competition and Markets Authority imposing interim enforcement order to prevent “pre-emptive action” pending decision whether to make reference in relation to completed merger — Authority refusing merged company’s request for derogations from order — Extent of authority’s power to prevent “pre-emptive action” — Applicable standard of review for authority’s decisions — Whether refusal to grant derogations rational — Enterprise Act 2002 (c 40), s 72(2)(8)

  2 Case(s) considered

  1 Statute 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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  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

• Bentley 1962 Ltd v Bentley Motors Ltd

  01 Nov 2019 [2019] EWHC 2925 (Ch), Ch D (Judge Hacon Sitting as a Deputy High Court Judge)

  16 Dec 2020 [2020] EWCA Civ 1726; [2021] Bus LR 736; [2020] WLR(D) 687, CA (Lewison, Arnold LJJ, Marcus Smith J)

  Subsequent citations: 11.
  TRADE MARK — Infringement — Use
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  TRADE MARK — Infringement — Use — Trade mark legislation extending scope of trade mark owner’s rights — Defendant in infringement proceedings relying on defence in transitional provisions for continued use of sign not amounting to infringement under old law — Scope of defence — Observations on interpretation of transitional provisions in intellectual property legislation — Trade Marks Act 1994 (c 26), Sch 3, para 4

  1 Statute considered

• Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd

  10 Dec 2020 [2020] EWHC 3299 (Comm); [2021] Bus LR 366; [2020] WLR(D) 691, QBD (Judge Pelling QC sitting as a High Court judge)

  11 Jan 2022 [2022] EWCA Civ 17; [2022] Bus LR 170; [2022] WLR(D) 23, CA (Underhill, Bean, Andrews LJJ)

  18 Oct 2022 (appn dis) [2023] Bus LR 12, SC(E) ( Lord Hodge DPSC, Lord Hamblen, Lord Stephens JJSC)

  Subsequent citations: 5.
  INSURANCE — Contract — Construction
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  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  3 Case(s) considered

• Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd

  07 Sep 2021 [2021] EWHC 2441 (TCC); [2021] Bus LR 1650; [2021] WLR(D) 478, QBD (Judge Eyre QC)

  ADJUDICATION — Adjudication decision — Enforceability

  BUILDING — Contract — Interim payment
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  ADJUDICATION — Adjudication decision — Enforceability — Contractor commencing arbitration to determine valuation of works at date of interim application — Adjudicator refusing on jurisdictional ground to consider set-off raised by employer — Whether adjudicator having jurisdiction to consider set-off — Whether deliberately deciding not to address material part of dispute before him — Whether decision as to amount due vitiated by breach of natural justice — Whether safe to sever decision on gross valuation of work from overall decision on amount due under payment application

  BUILDING — Contract — Interim payment — Contractor applying for interim payment — Employer giving contractor payment notice specifying nominal sum as amount due — Covering e-mail explaining more time required to ascertain amount due — Employer subsequently giving second notice specifying much higher sum — Whether first payment notice failing to satisfy statutory requirements and therefore invalid — Housing Grants, Construction and Regeneration Act 1996 (c 53), s 110A

  2 Case(s) considered

  1 Statute considered

• Financial Conduct Authority v Avacade (t/a Avacade Investment Options)

  07 Aug 2020 [2020] EWHC 2175 (Ch), Ch D (Stephen Houseman QC sitting as a deputy High Court judge)

  04 Aug 2021 [2021] EWCA Civ 1206; [2021] Bus LR 1810; [2021] WLR(D) 481, CA (Sir Geoffrey Vos MR, Peter Jackson, Popplewell LJJ)

  Subsequent citations: 9.
  FINANCIAL SERVICES — Regulated activities — Restitution order

  FINANCIAL SERVICES — Regulated and prohibited activities — General prohibition
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  FINANCIAL SERVICES — Regulated activities — Restitution order

  FINANCIAL SERVICES — Regulated and prohibited activities — General prohibition — Consumers contacted by unauthorised intermediaries and persuaded to transfer existing pension funds into self-invested pension scheme — Consumers divesting cash from new SIPP and purchasing unregulated investments promoted by intermediaries — Financial Conduct Authority contending intermediaries in breach of general prohibition by making arrangements “with a view to” person participating in them buying or selling securities — Whether arrangement made “with a view to” relevant transaction — Whether necessary to establish direct link by way of causation between arrangements and investments — Whether arrangement within exclusion and therefore not regulated activity — Financial Services and Markets Act 2000 (c 8), ss 19, 382 — Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, arts 25, 33

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered