Cases


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Simba Toys GmbH & Co KG v OHIM (Rubik’s Cube) [2015] ETMR 15

Area of Law: Intellectual Property

Michael Edenborough KC acted for Simba in this successful appeal to the General Court of the European Union, which decided that the black outline of the Rubik's Cube was permissible as a Community Trade Mark. Subsequently overturned on appeal where Simba was represented by different counsel.

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Ukelele Orchestra of Great Britain v Clausen [2015] ETMR 40

Area of Law: Intellectual Property

Thomas Elias acted for The United Kingdom Ukelele Orchestra (‘TUKUO’). The trial of the dispute between the Ukulele Orchestra of Great Britain (‘UOGB’) and TUKUO.  UOGB succeeded in their passing off action, but TUKUO succeeded on their counterclaim in invalidating UOGB’s trade mark and in resisting UOGB’s claim for infringement of copyright in an alleged dramatic work consisting of the format of their concerts. 

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First Peninsula Trustees Limited v Picard & others

Area of Law: Commercial Litigation

Alan Boyle QC and Giles Richardson act in proceedings in the BVI and Bermuda for trustees holding the proceeds of commission payments made by Madoff feeder funds to their investments adviser in defending claims by the liquidators of the funds. 

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Barker v Baxendale Walker [2018] 1 WLR 1905

Area of Law: Private Client Trusts and Probate

The appeal in Barker v Baxendale Walker, a professional negligence action concerning a fiscally ineffective employee benefit trust was heard by the Court of Appeal in October. The judgment is likely to provide clarity on the meaning of section 28(4) of the Inheritance Tax Act 1984. Dakis Hagen QC was among the counsel who appeared for the appellant and was assisted by Oliver Jones and Eleni Dinenis. 

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C v C [2016] Fam Law 20

Area of Law: Matrimonial Finance: Trusts and Company law

In C v C, Daniel Lightman QC represented the son in a successful application to set aside an ex parte order obtained by the husband in matrimonial proceedings which had the effect of restraining his wife and son from performing their duties as directors of two family-owned companies.  In a landmark judgment ([2016] Fam Law 20), Roberts J held that the Family Court has no jurisdiction to make such an order under either section 37 of the Matrimonial Causes Act 1973, section 37 of the Senior Courts Act 1981 or the court's inherent jurisdiction.

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NMSM Group Ltd v The Nightingale UK Limited

Area of Law: Intellectual Property

Gareth Tilley acted in this IPEC trial over a claim that the gay bar "Queer Street" infringed the trade mark of "Bar Queer"; the trial raised  an issue of whether the relevant IP rights had been effectively transferred to the claimant during an insolvency procedure. 

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Krys & Ors v KBC Partners LP & Ors [2015] UKPC 46

Area of Law: Partnership and LLP

Please click here to view the judgment.

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Phillips v Francis [2015] 1 WLR 741

Area of Law: Property

Decision by Court of Appeal as to the correct approach to the consultation requirements contained within the Landlord & Tenant Act 1985 and accompanying Regulations in respect of the recovery of service charges for qualifying works. Also important issues relating to the interpretation of a management charge clause. Christopher Stoner QC acted for the Lessees (instructed by Fursdon Knapper).

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Re Poon [2015] JCA 109

Area of Law: Matrimonial Finance: Trusts and Company law

In Re Poon [2015] JCA 109, Richard Wilson QC assisted Jersey advocates in an appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong.

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