Cases


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Chartered Institute of Patent Attorneys v Registrar of Trade Marks Case C-307/10; [2012] ETMR 42, 783; [2013] RPC 11; [2013] BusLR 740:

Area of Law: Intellectual Property

Michael Edenborough KC acted pro bono publico for CIPA in the article 267 reference to the Grand Chamber of the CJEU in the IP TRANSLATOR case.

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Constantin Medien [2017] EWHC 131 (Comm)

Area of Law: Civil Fraud

Philip Marshall QC and James Mather acted for Constantin Medien in a claim against Bayerische Landesbank for US$130m arising out of the sale in 2006 of the bank's stake in Formula One under the influence of a bribe paid to its senior official. 

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Alison J. Hendrick v Tony Knight [2014] ETMR 58:

Area of Law: Intellectual Property

Michael Edenborough KC leading Adil Mohamedbhai and Sophie Holcombe in an unsuccessful attempt to get a pro bono costs award from the Appointed Person.

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Iliffe News & Media Ltd v Revenue and Customs Commissioners [2014] FSR 6:

Area of Law: Intellectual Property

Philip Jones KC successfully acted for HMRC in this appeal that concerned the treatment of unregistered trade marks in an assignment that formed part of a tax avoidance scheme.

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Moore v British Waterways Board [2013] Ch 488

Area of Law: Property

An important decision which, in upholding an aspect of the decision of Hildyard J, determined for the first time that a riparian owner cannot moor a vessel alongside his riparian land simply by virtue of riparian ownership of the river bank.  Also concerned the construction and application of the British Waterways Acts. Christopher Stoner QC acted for the Defendant (instructed by Shoosmiths) 

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Port of London Authority v Muggoch & Other

Land Adjudication proceedings on the issue of whether the Port of London Authority could establish paper title to a part of the River Thames opposite Kew Gardens.

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Secretary of State for Health & Ors v Servier Laboratories Ltd

Area of Law: Civil Fraud

Michael Edenborough KC and David Drake are two of the four counsel acting for the SoS in this claim to recovery the monopolistic profits made by Servier based upon its invalid patent for perindopril (an ACE inhibitor used to combat high blood pressure). Part of the claim involves an allegation that SErvier improperly obtained a European Patent by deceiving the EPO as to the allegedly novelty of the invention. There is satellite litigation before the CJEU on the competition aspects and various issues concerning the disclosure being purported prevented by the French criminal code.

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R (otao Prudential) v Special Commissioner of Income Tax [2013] 2AC 185, [2013] 2 WLR 3325, [2013] 2 All ER 247:

Area of Law: Intellectual Property

Michael Edenborough KC was instructed by AIPPI UK to intervene in the Supreme Court case that ruled on the issue of whether legal advice privilege should be extended to tax accountants when advising on tax matters. AIPPI was concerned to ensure that no adverse consequences inadvertently arose for the protection of advice given by patent and trade mark attorneys.

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Petrodel Resources v Prest [2013] 2 AC 415

Area of Law: Matrimonial Finance: Trusts and Company law

Daniel Lightman QC represented Mrs Prest, the successful appellant, in a landmark Supreme Court decision on the circumstances in which the court can pierce the corporate veil to make orders requiring the transfer to a former wife of assets and property held by offshore companies connected to the husband.

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UL v BK [2013] EWHC 1735

Area of Law: Matrimonial Finance: Trusts and Company law

In UL v BK [2013] EWHC 1735, the leading authority in the Family Courts in respect of freezing injunction principles and without notice applications, Dakis Hagen QC represented the husband before Mostyn J.

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Pink Floyd Music Ltd v EMI Music Ltd [2011] 1 WLR 770 (CA):

Area of Law: Intellectual Property

Elizabeth Jones KC acted for EMI in relation to a dispute as to whether EMI could licence third parties to make Pink Floyd’s recorded music available on a track by track basis, or whether they were only entitled to licence complete albums.

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Granatino v Radmacher [2011] 1 AC 534

Area of Law: Matrimonial Finance: Trusts and Company law

In Granatino v Radmacher [2011] 1 AC 534, Jonathan Harris QC (Hon.) represented the successful respondent in a landmark appeal heard by nine judges in the Supreme Court which concerned the weight to be given to a pre-nuptial agreement in ancillary relief proceedings.

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HXRUK II (CHC) Ltd v Heaney [2010] 3 EGLR 15

Area of Law: Property

HXRUK II (CHC) Ltd v Heaney (Re Cloth Hall Court) [2010] (High Court, Leeds) (Injunction and damages for interference with rights of light).

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Roberts v Swangrove Estates Ltd and others [2008] Ch 439

Area of Law: Property

Successful claim by the Crown Estate to adverse possession of the bed of the River Severn, including a determination of the constitutional ability of the Crown to acquire title by adverse possession. Upheld on appeal.

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Scottish & Newcastle plc v Raguz [2008] 1 W.L.R. 2494

Area of Law: Property

Whether valid notice served pursuant to section 17 of the Landlord & Tenant (Covenants) Act 1995 and whether the original tenant’s financial support for the occupying tenant disentitled it from relying on the covenant of indemnity implied by section 24 of the Land Registration Act 1925. Christopher Stoner QC acted for the Respondents (Instructed by Eversheds LLP).

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Charman v Charman [2005] 1 FLR 1246

Area of Law: Matrimonial Finance: Trusts and Company law

In Charman v Charman [2005] 1 FLR 1246, the leading authority on the treatment of a discretionary trust as a “resource” within the meaning of section 25 of the Matrimonial Causes Act 1973, Alan Boyle QC and Dakis Hagen QC represented the husband in the Court of Appeal and Jonathan Harris QC (Hon.) also acted for the husband on the wider international elements. 

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Regan v Paul Properties Ltd and others [2006] ALL ER (D) 327

Area of Law: Property

Regan v Paul Properties & Ors [2006] (Court of Appeal) (Injunction to restrain interference with rights of light).

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Test Case 2004

Test

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