Civil Litigation

9.09.16

Freezing Injunctions: the need for certainty

A recent decision on a preliminary issue by Mr Justice Henderson in the case of Haederle  v Thomas [2016] EWHC 1866 is a telling reminder of the need for precision when drafting Freezing Injunctions (and Restraint Orders too). A Freezing Injunction (formerly known as a Mareva Order and sometimes referred to as a Freezing Order)…

4.08.16

Illegailty and enforceability of contracts

In Patel v Mirza [2016] UKSC 42 the Supreme Court was afforded the opportunity to review and revise the doctrine of illegality. The Facts Mr Patel had paid the sum of £620,000 to Mr Mirza for the purpose of acquiring shares in RBS on the basis that Mirza had acquired some inside information about an…

21.06.16

Nissan to sue Brexit campaign for use of logo in trademark infringement case

It is understood that car manufacturer Nissan is to take legal action against the Leave campaign group for trademark infringement arising from the use of its logo in campaign literature. On one of the Leave campaign’s flyer the Nissan logo appears next to those of four other major companies, including Unilever and Vauxhall, with the message: “Major…

6.06.16

City Police to use private law firms to confiscate assets

The City of London Police have announced a scheme to work with private firms of solicitors  to freeze assets and compensate the victims of fraud. The City of London Police has established a working group which also includes the National Crime Agency (who have their own powers under Part 5 of the Proceeds of Crime…

23.03.16

Free wi-fi providers unlikely to be liable for copyright infringement

Maciej Szpunar, an Advocate General of the Court of Justice of the European Union (CJEU), has recommended to the Court that providers of free wi-fi should not be held responsible for copyright infringement committed over their networks. The recommendation comes midway through the case of Tobias McFadden -v- Sony Music Entertainment Germany GmbH C-484/14, which…

15.02.16

Increased court fees denying access to justice claims Master of the Rolls

Master of the Rolls Lord Dyson, the country’s most senior civil judge, has expressed his concern over the effect of large year’s increase in court fees.  In March 2015 fees for claims valued at £10,000 or above began attracting a court fee of 5%.  This resulted in some fees increasing by nearly 600%. The ‘enhanced fees’ that were introduced…

5.11.15

Supreme Court holds that use of a loan facility can amount to a breach of freezing injunction

In JSC BTA Bank v Ablyazov [2015] UKSC 64 the Supreme Court considered whether the proceeds of loans fell within the definition of assets restrained by a freezing injunction. The decision arises in long-running litigation instigated by the Claimant bank against its former chairman for the misappropriation of funds. The Claimant bank had obtained judgments…

6.10.15

Creditor bankruptcy petition threshold increased sevenfold to £5,000

On 1 October 2015 the threshold for bankruptcy proceedings was increased from £750 to £5.000. The threshold represents the minimum amount of debt for which a creditor can initiate a petition for bankruptcy against a debtor who is an individual (the £750 threshold remains where the debtor is incorporated and a winding-up order is sought)….

ECJ rules that four fingered Kit Kats not distinct enough to be trademarked

The Court of Justice of the European Union (ECJ) has ruled that Nestlé cannot trademark its four fingered Kit Kat because the shape is not distinctive enough for consumers to associate it with the chocolate bar.  Nestlé had tried to trademark the four finger Kit Kat in 2010 but its rival Cadbury had registered an…

20.09.15

Iain Wilson listed as Thomson Reuters Defamation Super Lawyer

Brett Wilson LLP Partner Iain Wilson has been listed in the 2015 Thomson Reuters Super Lawyers directory as a leading defamation practitioner. Iain has appeared in all three editions of the London directory. Click here to access Super Lawyer directories.