Minor Custody. The Family Division held that the father's defences under arts 12 and 13 of the Hague Convention on Civil Aspects of International Child Abduction 1980 had not been made out and the two children retained by him in the United Kingdom had to be returned to Spain where their mother resided and where they had been habitually resident.
Partnership Existence of partnership disputed. The Chancery Division dismissed the claimant's appeal against a chief master's decision granting summary judgment to the defendants on the claimant's claim that a partnership had been created between the parties. The chief master had been entirely right to conclude that, on the evidence, no partnership had been created within the meaning of of the Partnership Act 1890. There was no evidence that the defendants had carried on business themselves and there was no realistic prospect of establishing that they had agreed to become partners for the purposes of the Act.
Arbitration Award. The Commercial Court dismissed an appeal by the appellant company, Vinergy, against an arbitration award in a dispute concerning the supply of bitumen by the defendant company, Richmond, to Vinergy for an extendible term of ten years. The court held that, among other things, Richmond had been able to rely on an unhindered common law right to terminate the MSA by reason of a repudiatory breach so as to completely bypass the notice and remedy requirements in the termination clause.
*UBS AG v Revenue and Customs Commissioners; DB Group Services (UK) Ltd v Revenue and Customs Commissioners
Income tax Earnings from employment. The Supreme Court allowed the appeal by the Revenue and Customs Commissioners concerning schemes used by UBS AG and DB Group Services (UK) Ltd, which were designed to avoid the payment of income tax on bankers' bonuses. The court held that the tax exemption in of the Income Tax (Earnings and Pensions) Act 2003, did not apply in the present case in respect of the schemes whereby shares were awarded to employees in place of bonuses. The court ruled that, on the true construction of s 423 and in the circumstances of the present case, income tax was payable on the value of the shares on the date of their acquisition.
Practice Conduct of proceedings. The Commercial Court made rulings concerning a confidentiality club used to protect the identities of individuals, properties and companies against whom the claimant Libyan Investment Authority had commenced proceedings. Among other things, the court amended the confidentiality club to allow a negative resolution procedure to apply to all relevant persons to whom the LIA wanted to divulge confidential information, as defined by the order creating the confidentiality club.
*PMS International Group plc v Magmatic Ltd (Comptroller General of Patents, Designs and Trademarks intervening)
Design Design right. The Supreme Court affirmed the decision of the Court of Appeal, Civil Division, reversing the judge's decision that the respondent's 'Kiddee Case' infringed the appellant's Community design right, which had become the 'Trunki'. The Court of Appeal had addressed the question of infringement on the correct basis in law and there were no grounds for questioning its decision.
Agent Commercial agent. The Commercial Court awarded the claimant commercial agent damages for breach of contract, the termination of the agency on insufficient notice and compensation under reg 17 of the Commercial Agents (Council Directive) Regulations 1993, . The defendant had not accepted the claimant's repudiatory breach as having brought an agency agreement to an end and had affirmed the agreement.
Contract Repudiation. The Companies Court ruled on consequential issues which arose following the main judgment on the claimant's petition alleging unfair prejudice in relation to the affairs of a limited liability company (LLP). Among other things, it considered whether its preliminary view had been wrong in respect of the validity of a third termination letter, giving the claimant notice requiring him to retire as a member of the management committee of the LLP. The court further ruled that the LLP should pay 50% of the claimant's costs, and that he should pay 60% of the LLP's costs in circumstances where the claim to be entitled to a share in the LLP had failed only at the last hurdle, but where the claimant had succeeded on all of the prior steps in the argument.
Misrepresentation Fraudulent misrepresentation. The Chancery Division dismissed the claimants' claim that the first claimant, S, had been induced to purchase shares in a mining company as a result of misrepresentations made by the defendants. On the evidence, none of the defendants had had actual knowledge of the relevant provisions of the joint venture agreement between the parties and had wilfully misstated the same. Further, the claimants' alternative case founded upon either absence of any honest belief in the truth of the relevant representation or recklessness as to its truth would be rejected.
European Union Trade marks. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of of Directive (EC) 2008-95. The request had been made in proceedings between Daimler AG and Egyd Garage Gpjrmjavt s rtkest Kft., (Egyd Garage)concerning the continued appearance on the internet of advertisements naming the latter as an 'authorised Mercedes-Benz dealer' following the termination of the contract which had given it the entitlement to use that trade mark.