Results: 61

• Centros Ltd v Erhvervs-og Selskabsstyrelsen

  09 Mar 1999 (Case C-212/97); EU:C:1999:126; [2000] Ch 446; [2000] 2 WLR 1048; [2000] All ER (EC) 481; [1999] ECR I-1459, ECJ

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 61.
  EUROPEAN COMMUNITY — Freedom of establishment — Body corporate

  EUROPEAN UNION — Freedom of establishment — Establishment of a branch by a company not carrying on any actual business
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  Case index catchwords

  EUROPEAN COMMUNITY — Freedom of establishment — Body corporate — Formation of company in member state where no minimum requirement for paid up share capital — Application to register branch in member state where minimum share capital of companies formed there required to be paid up — Intention to trade only in state where branch to be established — Whether abuse of right of establishment — Whether refusal of application contrary to right of freedom of establishment — Whether refusal justified — EC Treaty, arts 52, 58

  EUROPEAN UNION — Freedom of establishment — Establishment of a branch by a company not carrying on any actual business — Circumvention of national law — Refusal to register

  2 Case(s) considered

  1 EU Enactment considered
• Pharmacia & Upjohn SA v Paranova A/S

  12 Oct 1999 (Case C-379/97); EU:C:1999:494; [2000] Ch 571; [2000] 3 WLR 303, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 24.
  TRADE MARK — Proprietor’s rights — Exhaustion

  EUROPEAN UNION — Trade-mark rights — Pharmaceutical products
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Exhaustion — Products purchased in EC marketed elsewhere in EC after repackaging and rebranding — Trade mark proprietor's opposition — Whether restriction on imports — Whether artificial partitioning of market — EC Treaty, arts 30, 36 — Council Directive (89/104/EEC), art 7

  EUROPEAN UNION — Trade-mark rights — Pharmaceutical products — Parallel imports — Replacement of a trade mark

  3 Case(s) considered

  2 EU Enactments considered

• Sebago Inc v GB-Unic SA

  01 Jul 1999 (Case C-173/98); [2000] Ch 558; [2000] 2 WLR 1341; EU:C:1999:347, ECJ

  Subsequent citations: 27.
  TRADE MARK — Proprietor’s rights — Exhaustion

  EUROPEAN UNION — Trade mark — Exhaustion of a trade-mark proprietor's rights
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Exhaustion — Goods marketed in European Economic Area with proprietor's consent — Whether exhaustion by reason of consent to marketing of similar goods — Council Directive (89/104/EEC) (as amended by Agreement on European Economic Area), art 7(1)

  EUROPEAN UNION — Trade mark — Exhaustion of a trade-mark proprietor's rights — Proprietor'sconsent

  2 Case(s) considered
• JA Pye (Oxford) Ltd v Graham

  04 Feb 2000 [2000] Ch 676; [2000] 3 WLR 242; [2000] 2 EGLR 137; (2001) 81 P & CR 15; The Times, 14 March 2000; The Independent, 27 March 2000, Ch D (Neuberger J)

  06 Feb 2001 [2001] EWCA Civ 117; [2001] Ch 804; [2001] 2 WLR 1293; [2001] 2 EGLR 69; (2001) 82 P & CR 23; [2001] HRLR 27; The Times, 13 February 2001; The Independent, 13 February 2001, CA (Mummery, Keene LJJ and Sir Martin Nourse)

  24 Jul 2001 (pet all) [2001] 1 WLR 1827, HL(E)

  04 Jul 2002 [2002] UKHL 30; [2003] 1 AC 419; [2002] 3 WLR 221; [2002] 3 All ER 865; [2003] 1 P & CR 10; [2002] HRLR 34; The Times, 5 July 2002; The Independent, 9 July 2002, HL(E) (Lord Bingham of Cornhill, Lord Mackay of Clashfern, Lord Browne-Wilkinson, Lord Hope of Craighead and Lord Hutton)

  Subsequent considerations : 11 positive; 1 neutral; most recently considered: 2023. Subsequent citations: 148.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Licensee remaining in occupation on determination of licence — Cautions registered on basis of title by adverse possession — Originating summons seeking cancellation of cautions — Whether occupier entitled to possession — Whether willingness to accept new licence preventing time running for limitation period — Whether proceedings seeking relief other than recovery of land stopping time running — Limitation Act 1980, ss 15(1), 38, Sch 1, paras 1, 8

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Licensee remaining in occupation on determination of licence — Land owner refusing requests for renewal — Whether occupiers' continuation of existing limited use evidencing intention to possess — Whether extinction of title by adverse possession amounting to deprivation of possession — Limitation Act 1980, s 15(1), Sch 1, paras 1, 8 — Human Rights Act 1998, s 3, Sch 1, Pt II, art 1

  10 Case(s) considered

  2 Statutes considered

• Michaels v Harley House (Marylebone) Ltd

  03 Mar 1997 [1997] 1 WLR 967; [1997] 3 All ER 446, Ch D

  06 Nov 1998 [2000] Ch 104; [1999] 3 WLR 229; [1999] 1 All ER 356, CA

  09 Jul 1999 (pet dis) [1999] 1 WLR 1444, HL(E)

  Subsequent citations: 21.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Disposal by landlord to associated company — Shares in associated company transferred to purchaser — Whether property transferred before or after shares — Whether equitable ownership in shares passing to purchaser before completion — Whether shares in associated company held in fiduciary capacity for purchaser before completion — Whether “relevant disposal” — Companies Act 1985, ss, 736, 736A (as substituted by Companies Act 1989, s 144) — Landlord and Tenant Act 1987, ss 4, 19

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Windsurfing Chiemsee Produktions- und Vertriebs GmbH v Boots-und Segelzubehör Walter Huber (Joined Cases C-108 and 109/97)

  04 May 1999 [2000] Ch 523; [2000] 2 WLR 205, ECJ

  Subsequent citations: 19.
  TRADE MARK — Registration — Geographical names
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  Case index catchwords

  TRADE MARK — Registration — Geographical names — Non-registrability of signs designating geographical origin of goods — Registrability by reason of acquisition of distinctive character following use made of mark — Council Directive (89/104/EEC), arts 3(1)(c), 3(3)
• Medforth v Blake

  26 May 1999 [2000] Ch 86; [1999] 3 WLR 922; [1999] 3 All ER 97, CA

  Subsequent considerations : 2 positive; 1 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 42.
  MORTGAGE — Receiver — Mortgaged property
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  Case index catchwords

  MORTGAGE — Receiver — Mortgaged property — Receivers appointed by mortgagee — Receivers exercising power to manage business carried on at mortgaged property — Whether receivers owing mortgagor duty of care

  4 Case(s) considered
• Don King Productions Inc v Warren

  21 Mar 1998 [2000] Ch 291; [1999] 3 WLR 276; [1998] 2 All ER 608; [1998] 2 Lloyd's Rep 176, CA

  21 Mar 1998 [2000] Ch 291; [1999] 3 WLR 276; [1999] 2 All ER 218; [1999] 1 Lloyd's Rep 588, CA

  23 Nov 1998 [1999] 2 Lloyd's Rep 392, Ch D (Neuberger J)

  Subsequent considerations : 3 positive. Subsequent citations: 36.
  CHOSE IN ACTION — Assignment — Contract

  INJUNCTION — Mareva injunction — Non-disclosure

  PARTNERSHIP — Dissolution — Effect
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  Case index catchwords

  CHOSE IN ACTION — Assignment — Contract — Partner agreeing to assign to partnership benefit of existing contracts — Contracts expressly incapable of assignment — Whether purported assignment taking effect as declaration of trust

  INJUNCTION — Mareva injunction — Non-disclosure — Appointment of receiver and manager — Court granting Mareva injunction and imposing protective regime in respect of assests of former partnership — Plaintiffs alleging defendants not complying with protective regime or Mareva injunction and applying ex parte for appointment of receiver and manager of all alleged partnership assets — Whether application to be granted — Appropriate order

  PARTNERSHIP — Dissolution — Effect — Boxing promoters entering into partnership agreement for promotion and management of European registered professional boxers — Assignment to partnership of benefit of existing contracts — Contracts expressed to be non-assignable — Whether partnership property — Whether assignment taking effect in equity — Partnership Act 1890, s 20

  1 Case considered

  1 Statute considered

• In re B, decd

  22 Jan 1999 [1999] Ch 206; [1999] 2 WLR 1114; [1999] 2 All ER 425; [1999] 2 FLR 466, Ch D (Jonathan Parker J)

  17 Dec 1999 [2000] Ch 662; [2000] 2 WLR 929; [2000] 1 All ER 665; [2000] 1 FLR 363, CA

  Subsequent citations: 6.
  FAMILY PROVISION — Dependant — Maintained by deceased
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  Case index catchwords

  FAMILY PROVISION — Dependant — Maintained by deceased — Deceased cared for by mother in jointly owned home — Deceased's share in home purchased from damages under control of Court of Protection — Whether deceased contributing towards “reasonable needs” of mother — Whether assumption of responsibility by deceased for mother — Whether mother dependant — Inheritance (Provision for Family and Dependants) Act 1975, ss 1(1)(e)(3), 3(4) — Mental Health Act 1983, s 95(1)(2)

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Banner Homes Group Plc v Luff Developments Ltd

  30 Mar 2000 [2000] Ch 372; [2000] 2 WLR 772; [2000] 2 All ER 117; [2000] LGR 162, CA

  Subsequent citations: 44.
  TRUSTS — Constructive trust — Sale of land
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  Case index catchwords

  TRUSTS — Constructive trust — Sale of land — Arrangement or understanding between rival potential purchasers to acquire property through jointly owned company — Plaintiff withdrawing from market in reliance on arrangement or understanding — Defendant completing purchase without involving plaintiff — Whether circumstances giving rise to constructive trust

  1 Case considered