Court Report

Articles

Bargain Busting Limited v Shenzhen SKE Technology: Court of Appeal clarifies section 12(3) threshold for unjustified threats injunctions

Court of Appeal holds that the "more likely than not" standard under the Human Rights Act 1998 applies to interim injunctions restraining trade mark threats.

Manolete Partners v Smith: company cash used to fund share sale found to be transaction at an undervalue

A joinery company's cash reserves were used to fund the purchase of its own shares — the High Court finds the payments void under the...

Wilkinson v Kirkham: court construes "the daughter" as gift to both daughters of deceased's cousin

"The daughter of Lily Mason" held to mean both daughters, taking in equal shares, under the rule in Garvey v Hibbert.

Oxford Aviation Services v Civil Aviation Authority: judicial review of RAF Northolt civil flight safety dismissed

High Court upholds CAA's safety framework for civil operations at a government aerodrome.

Fox v Steve Fellows Road Haulage Services: English court retains jurisdiction over Spanish workplace accident claims

England and Wales held to be the appropriate forum where parallel proceedings would risk irreconcilable judgements.

United Utilities v Farrans Construction: when CEMAR dates conflict with bespoke payment terms

A High Court ruling clarifies that adjudication enforcement survives a Part 8 challenge where insufficient evidence prevents resolution of contractual interpretation disputes.

Município de Mariana v BHP: Court of Appeal refuses permission to appeal liability findings

BHP's application for permission to appeal the Fundão Dam liability judgement dismissed in full.

Hilltop Experiences v Norfolk County Council: alternative sites, officer reports and the limits of error of fact

Planning permission for a household waste recycling centre within a National Landscape survives judicial review despite an acknowledged failure to consider a quarry site outside...