Results: 22

• Ansul BV v Ajax Brandbeveiliging BV

  11 Mar 2003 (Case C-40/01); EU:C:2003:145; [2005] Ch 97; [2004] 3 WLR 1048; [2003] ECR I-2439, ECJ

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 43.
  TRADE MARK — Revocation — “Genuine use”

  EUROPEAN UNION — Trade marks — Directive 89/104/EEC
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  Case index catchwords

  TRADE MARK — Revocation — “Genuine use” — Mark not put to “genuine use” liable to revocation — Whether use for sale of spare parts for and servicing of equipment no longer newly traded “genuine use” — Council Directive 89/104/EEC, art 12(1)

  EUROPEAN UNION — Trade marks — Directive 89/104/EEC — Article 121 — Revocation of trade mark owner's rights — Concept of genuine use of a trade mark — Maintenance of goods already sold and sales of replacement parts and accessories

  1 Words & Phrases considered

  1 EU Enactment considered

• Attorney General v Trustees of the British Museum (Commission for Looted Art in Europe intervening)

  27 May 2005 [2005] EWHC 1089 (Ch); [2005] Ch 397; [2005] 3 WLR 396, Ch D

  Subsequent citations: 10.
  CHARITY — Disposal of asset — Power
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  Case index catchwords

  CHARITY — Disposal of asset — Power — Museum's collection including looted objects — Heir of previous owner having moral claim to their return — Statutory prohibition on museum disposing of objects in collection — Whether Attorney General or court having power to authorise return — Whether trustees having power to ignore limitation defence to effect return — British Museum Act 1963, s 3(4) (as amended by Museums and Galleries Act 1992, s 11(2), Sch 8, Pt I, para 5(a))

  2 Case(s) considered

  1 Statute considered

• Harbour Estates Ltd v HSBC Bank plc

  15 Jul 2004 [2004] EWHC 1714 (Ch); [2005] Ch 194; [2005] 2 WLR 67; [2004] 3 All ER 1057, Ch D

  Subsequent citations: 4.
  LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment
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  Case index catchwords

  LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment — Break clause in lease entitling tenant to terminate lease on certain dates — Term in lease stipulating break clause personal to original lessee but providing for assignment of benefit to permitted assignee — Benefit of break clause not expressly assigned on assignment of lease — Whether assignee entitled to benefit of break clause — Whether benefit passing automatically — Whether benefit passing as right in property conveyed — Law of Property Act 1925, s 63(1)

  4 Case(s) considered

  1 Statute considered
• Shalson v Russo (Mimran, Part 20 claimants)

  11 Jul 2003 [2004] EWHC 1637 (Ch); [2005] Ch 281; [2005] 2 WLR 1213, Ch D

  Subsequent considerations : 2 positive; most recently considered: 2024. Subsequent citations: 34.
  TRUSTS — Constructive trust — Loan

  TRUSTS — Settlement — Sham
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  Case index catchwords

  TRUSTS — Constructive trust — Loan — Claimant fraudulently induced to loan money to defendant — Claimant bringing proceedings to trace money — Whether circumstances of loan giving rise to constructive trust — Whether issuing of proceedings amounting to implied rescission of loan contract — Whether tracing remedy available

  TRUSTS — Settlement — Sham — Settlor executing deed resettling trusts — Beneficiary under trust seeking to treat trust assets as his own — Settlor intending settlement to be genuine — Whether to be treated as sham

  6 Case(s) considered

• Hill v Transport for London

  16 May 2005 [2005] EWHC 856 (Ch); [2005] Ch 379; [2005] 3 WLR 471; [2005] 3 All ER 677, Ch D

  Subsequent citations: 1.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Claimant occupying in adverse possession land belonging to council — Land becoming vested in Crown — Defendant acquiring land — Claimant asserting title to land — Whether right of action for recovery “first” accruing to Crown — Whether limitation period for recovery expired — Limitation Act 1980, Sch 1, Pt II, para 12

  1 Words & Phrases considered

  1 Statute considered

• R Griggs Group Ltd v Evans

  12 May 2004 [2004] EWHC 1088 (Ch); [2005] Ch 153; [2005] 2 WLR 513, Ch D (Peter Prescott QC)

  Subsequent citations: 10.
  CONFLICT OF LAWS — Jurisdiction — Copyright
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Copyright — First defendant designing logo for claimants under English contract — Implied term that copyright in logo to belong to claimants — First defendant purporting to sell legal title to copyright to foreign company — Foreign company having notice of facts giving rise to claimants' equitable ownership of copyright — Claimants seeking order requiring all copyrights to be assigned to them — Whether English court having jurisdiction to order assignment of foreign copyrights

  6 Case(s) considered

• Slamon v Planchon

  25 Jun 2004 [2004] EWCA Civ 799; [2005] Ch 142; [2005] 2 WLR 257; [2004] 4 All ER 407, CA

  Subsequent citations: 2.
  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 — Landlord legal and beneficial co-owner of family home — Premises converted into three flats — Freehold title transferred to landlord's mother holding on trust for landlord — Freehold title transferred back into landlord's sole name — Whether premises having resident landlord — Whether tenants entitled to enfranchisement — Leasehold Reform, Housing and Urban Development Act 1993, s 10 (as amended by Commonhold and Leasehold Reform Act 2002, ss 118, 180)

  1 Statute considered
• Peak Holding AB v Axolin-Elinor AB

  30 Nov 2004 (Case C-16/03); EU:C:2004:759; [2005] Ch 261; [2005] 2 WLR 650; [2005] All ER (EC) 723, ECJ

  Subsequent considerations : 2 positive. Subsequent citations: 20.
  TRADE MARK — Proprietor’s rights — Exhaustion

  EUROPEAN UNION — Trade marks — Directive 89/104/EEC
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Exhaustion — Goods “put on the market” by proprietor or with his consent — Whether importation or offering for sale without actual sale “putting on market” — Whether exhaustion precluded by stipulation against resale — Council Directive 89/104/EEC (as amended), art 7(1)

  EUROPEAN UNION — Trade marks — Directive 89/104/EEC — Article 71 — Exhaustion of the rights conferred by a trade mark — Putting on the market of the goods in the EEA by the proprietor of the trade mark — Concept — Goods offered for sale to consumers and then withdrawn — Sale to an operator established in the EEA with the obligation to put the goods on the market outside the EEA — Resale of the goods to another operator established in the EEA — Marketing in the EEA

  1 Words & Phrases considered

  1 EU Enactment considered
• Daraydan Holdings Ltd v Solland International Ltd

  26 Mar 2004 [2004] EWHC 622 (Ch); [2005] Ch 119; [2004] 3 WLR 1106; [2005] 4 All ER 73, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 35.
  TRUSTS — Constructive trust — Bribe
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  Case index catchwords

  TRUSTS — Constructive trust — Bribe — First and second defendant companies contracted to refurbish claimants' properties — Fifth defendant acting for claimants in arranging contracts of refurbishment — Contract prices inflated by amount of commission secretly paid to fifth defendant — Claimants unaware of commission payments — Whether fifth defendant owing fiduciary duty to claimants — Whether payments held on constructive trust for claimants — Whether claimants entitled to restitution

  3 Case(s) considered
• Proceedings brought by Manninen

  07 Sep 2004 (Case C-319/02); EU:C:2004:484; [2005] Ch 236; [2005] 2 WLR 670; [2005] All ER (EC) 465; [2004] STC 1444, ECJ

  Subsequent considerations : 2 neutral. Subsequent citations: 77.
  EUROPEAN COMMUNITY — Free movement of capital — Revenue

  EUROPEAN UNION — Income tax — Tax credit for dividends paid by Finnish companies
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  Case index catchwords

  EUROPEAN COMMUNITY — Free movement of capital — Revenue — Company profits taxed as corporation tax — Shareholders subject to income tax on distributed profits but also entitled to tax credit in same amount — Credit entitlement only in case of dividends from nationally-based companies — Whether non-entitlement in case of dividends from non-national EC companies prima facie contrary to freedom of movement of capital — Whether justifiable — Derogation for national tax law provisions distinguishing between taxpayers not in same situation — Cohesion of tax system — EC Treaty, arts 56 EC, 58 EC

  EUROPEAN UNION — Income tax — Tax credit for dividends paid by Finnish companies — Articles 56 EC and 58 EC — Coherence of the tax system

  3 Case(s) considered

  1 EU Enactment considered