Cases


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Philip Christian v Andrew Lloyd Webber and Trevor Nunn

Area of Law: Intellectual Property

Stephanie Wickenden acted for Lord Andrew Lloyd Webber and Sir Trevor Nunn, securing summary judgment against a claim brought against them by a former dancer claiming copyright in “Memory” from the musical “Cats”.

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Ntzegkoutanis v Kimionis (Re Coinomi)

Area of Law: Company

The Court of Appeal has handed down its judgment in Ntzegkoutanis v Kimionis [2023] EWCA Civ 1480.

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Temple Island Collections Ltd v New English Teas Ltd [2012] ECDR 11:

Michael Edenborough KC and Gareth Tilley acted for the successful Claimant in the infamous “Red London Bus” copyright case concerning the copying of a composite photograph.

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Crafts Group LLC v M/S Indeutsch International, [2023] FSR 23 and 24

Area of Law: Intellectual Property

Michael Edenborough KC acted for Crafts on this important procedureal case about whether post IP Completion Day amendments can relate back to an action started before then. Permission to appeal to the CoA has been granted.

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Marks and Spencer Plc v Aldi Stores Ltd, [2023] FSR 17

Area of Law: Intellectual Property

Thomas Elias acted for Aldi in this registered design case concerning the Christmas illuminated snow-globe Gin Bottle. Michael Edenborough KC led Thomas in the appeal.

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Entertainment One UK Ltd v Cong Ty Tnhh Tu Cong Nghe Va Dich Vu Sconnect Vietnam, [2023] ECDR 10, [2023] 1 WLR 233

Area of Law: Intellectual Property

Michael Edenborough KC, leading Gwilym Harbottle of Hogarth Chambers and John Eldridge of Serle Court, acted for the successful claimant in securing service of the originating documents by email. This case provided clear guidance of what previously was an unclear procedure.

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Mohammed v Daji

Area of Law: Charities

Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the successful claimants in Mohammed v Daji [2023] EWHC 2761 (Ch). The successful claim was to establish that a very substantial site at Abbey Mills in East London is held by the claimants on a charitable trust associated with a particular Sunni Muslim community in the London region. The judgment of HHJ Cadwallader, sitting as a Chancery Judge, is of significance for trusts and charities lawyers. In particular, the judgment sets out and applies the law relating to trusts established by charity appeals to a complicated factual history, and further develops the principle of delegated authority to declare charitable trusts in Attorney-General v Mathieson  [1907] 2 Ch 383.

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easyGroup v Nuclei (and others) [2023] FSR 9

Area of Law: Intellectual Property

Stephanie Wickenden (led by outside leading counsel) represented easyGroup in the Court of Appeal (having also appeared at trial). The appeal gave significant guidance on non-use, confusion and the defence of honest concurrent use.

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DNA Nudge Limited v Ventura Capital GP Limited

Area of Law: Company

On 9 October 2023 the Court of Appeal handed down its judgment in DnaNudge Ltd v Ventura Capital GP Ltd [2023] EWCA Civ 1142.

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easyGroup v Easy Life

Area of Law: Intellectual Property

Stephanie Wickenden and Stefano Braschi acted for easyGroup against the band Easy Life that was using imagery redolent of the airline. The band undertook to change its name. The case was widely reported in the popular press.

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Freeholders Limited v Batin & Donovan

Area of Law: Property

The High Court (Richards J) has handed down its second judgment in Prescott Place Freeholders Limited v Batin & Donovan [2023] EWHC 1445 (Ch), in which Michael Walsh acted for the successful Claimants. This judgment deals with the consequential matters arising from the findings of fact at trial (see [2023] EHWC 435) (the “Trial Judgment”).

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M L Technology v B.E.A.T. SAM

Area of Law: Intellectual Property

Thomas Elias acted for the claimants in this cross-jurisdictional trade mark dispute arising in the context of a sale of shares in one of the defendant companies.  At an interim hearing, the claimants resisted applications for a stay and for security for costs, and obtained an unless order against the defendants.

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Prescott Place Freeholders Limited & Others v Batin & Donovan [2023] EHWC 435

Area of Law: Property

Mr Justice Richards' judgment in Prescott Place Freeholders Limited & Others v Batin & Donovan [2023] EHWC 435 is essential reading for those interested in tenants’ rights of first refusal under the Landlord and Tenant Act 1987.  Michael Walsh acted for the successful Claimants.

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Ivanishvili v Credit Suisse Trust Limited [2023] SGCH(I) 9

Area of Law: Civil Fraud

The Singapore International Commercial Court (International Judge Bergin) has today handed down judgment following the trial of the dispute between Bidzina Ivanishvili and other plaintiffs and Credit Suisse Trust Limited. The claim stemmed from the long-running fraud committed by Patrice Lescaudron, an employee of Credit Suisse Bank in Geneva.  

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Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors

Area of Law: Company

Justin Higgo KC acted for the successful Claimant in Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 1184 (Ch), both in the High Court and the Court of Appeal.

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Healey v Fraine & Others

Area of Law: Property

In Healey v Fraine & Others [2023] EWCA Civ 549, the Court of Appeal has decided that Parliament did not intend to change the law of adverse possession in the Land Registration Act 2002 so that occupiers of land could be in possession with the consent of the owner and also be in adverse possession at the same time for the purposes of paragraph 5 of schedule 6 of the Act. The Court decided that the meaning of adverse possession had not changed.

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Floreat Investment Management Limited v Churchill & Ors

Area of Law: Civil Fraud

The Court of Appeal handed down judgment on Tuesday 25th April 2023 in Floreat Investment Management Limited v Churchill & Ors [2023] EWCA Civ 440, in which it reversed a finding of dishonesty made at first instance and entered judgment in favour of the appellants. The decision also provides useful guidance as to the appropriate content and structure of trial closing submissions.

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Hunt v Ubhi

Area of Law: Company

The Court of Appeal handed down judgment on Wednesday, 19th April 2023, in Hunt v Ubhi [2023] EWCA Civ 417 in which it reiterated that the default rule is that applicants for freezing orders, including office holders, must provide unlimited cross undertakings in damages and that a departure from the default rule must be justified.

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