The Appellant was successful in appealing against the decision that he had no interest in a Polish property and that an English property should be sold and proceeds paid to both parties in equal shares. The Judge had failed to make adequate findings about payments made in relation to the Polish property and the matter was remitted for rehearing as to the impact of payments made in relation to the claim as to beneficial interest in the Polish property.
|
The Appellant business tenant unsuccessfully appealed against the dismissal of its application for summary judgment to dismiss the opposition of the Landlord of its application for new tenancy. The date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection. At any summary judgment the question was, looking forward, whether the landlord could show a real prospect of being able to establish the ne ...
|
The appellant applied for a position as a consultant orthopaedic and trauma surgeon at the Southend University Hospital NHS Trust. He had stated in his written application and his curriculum vitae that he had an interest in lower limb surgery and had 'a broad surgical ability in lower limb arthoplasty and revision arthoplasty and ... hip resurfacing'. The appellant was interviewed and subsequently offered the post, which he took up on 23 December 2002. He soon expressed an interest in undertakin ...
|
HH Judge David Cooke (sitting as a judge of the High Court) dismissed the claimant’s professional negligence claim against the defendant firm of solicitors arising out of a loan document and consequent legal charge secured against her house and in respect of which her signature had been forged onto the documents by her son. It was alleged by the claimant that she had not been by advised by the solicitors as to the consequences of entering into a loan and legal charge agreement, notwithstanding t ...
|
Damages Claim In Respect of Alleged Historic Sexual Abuse By Former Teacher Allowed Outside Of Limitation Period
The Court of Appeal dismissed the appeal of the appellant school governors against a decision that it was just and equitable to exercise the discretion pursuant to s. 33 of the Limitation Act 1980 so as to disapply the primary limitation period, in respect of a damages claim brought by the respondent in relation to alleged historic sexual abuse by a former teacher. The Court of Appeal held that the order in which the judge had approached the issues of limitation and liability did not in any way ...
|
Local Authority Not Negligent In Failing To Make CICB Application On Child’s Behalf
Mackay J held that a local authority had not been negligent in failing on behalf of a child, subject to an interim care order, to make an application for compensation to the Criminal Injuries Compensation Board before April 1996 in respect of serious injuries sustained as a result of being violently shaken by her father. Mackay J held that it would not be fair, just or reasonable to impose a duty of care on the local authority to promote and maximise the economic position of a child in circumsta ...
|
The defendant had infringed the claimant’s rights in the performance and recordings of a London concert in 1969, by issuing a free ‘covermount’ CD to newspaper purchasers, at a time when the claimants had been planning to launch a film of the concert. In an inquiry as to damages, it was impossible to guess the level of box office takings and associated sales in respect of the claimants’ film, which had yet to be completed. However it had been shown that the unlicensed distribution had caused a y ...
|
The court refused to interfere with the decision of the hearing officer in upholding opposition to the registration of VITA AUDIO for electrical goods in class 9, based on the likelihood of confusion with an earlier registration for VIETA in stylised form for identical goods. The court would not necessarily have reached the same conclusion as the hearing officer, but there had been no material error of principle
|
Specsavers was largely unsuccessful in proceedings against Asda for trade mark infringement and passing off. Asda had launched a marketing campaign for its in-store opticians, and intended to ‘live dangerously’ by positioning itself as a competitor to Specsavers. The case under art.9(1)(b) failed because, although there was similarity between the logos, the wording introduced a very significant difference and a reasonably circumspect consumer would not be confused. Specsavers could not rely on t ...
|
An appeal was dismissed against a decision that the term VODKA had acquired a reputation for certain characteristics, which was capable of protection, and the use of the name VODKAT for a 22% alcohol vodka-based drink amounted to extended passing off. There was no authority for the appellant’s proposition that some cachet had to exist, in the sense of the product being superior or luxury.
|
| 1 |