Dahlia Fashion Co Ltd v Broadcast Session Ltd and another

Practice Summary judgment. The Chancery Division dismissed the claimant company's application for summary judgment in an action concerning the alleged infringement of the claimant's design rights relating to the sale of clothes by the first defendant company, and made a conditional order requiring the defendants to make a payment into court, failing which part of their defence would be struck out.

*Edenwest Ltd v CMS Cameron McKenna

Company Receiver. The Chancery Division allowed the defendant's application for summary judgment in a claim involving professional negligence brought by the claimant company following an administrative receivership, where on the evidence the claimant had no realistic prospect of establishing a duty of care between the parties in either contract or tort.

Western Bulk Shipowning III A/S v Carbofer Maritime Trading ApS and others

Practice Pre-trial or post-judgment relief. The Commercial Court refused to continue a worldwide freezing injunction against a sub-charterer and sub-sub-charterer on the basis that there was no real risk of an unjustifiable disposal of assets.

Perkins and another v McIver and others

Land Registration. The Court of Appeal, Civil Division, held that a decision of the Upper Tribunal (Lands Chamber) refusing to modify a restrictive covenant to allow the claimants to erect a dwelling on their property had been erroneous on the grounds of procedural unfairness and a mis-application of the benefits derived from the covenant.

Shawe-Lincoln v Neelakandan

Negligence Causation. The Queen's Bench Division held that as there was no significant deterioration in the claimant's condition over the critical period and therefore it could not be established that the negligent failure to admit the claimant to hospital had caused his injury.

*Suh and another v Ryu and others

Patent Patents Court. The Patents County Court held that reg 3(2)(b) of the County Court Remedies Regulations 1991, permitted the court held by a person nominated under of the Copyright, Designs and Patents Act 1988 to make search and seizure and asset freezing orders in the general and special jurisdiction.

Les Laboratoires Servier and another v Apotex Inc and others

Injunction Interim. The Court of Appeal, Civil Division, held that, in the circumstances, it was no defence to the defendant's claim for damages on a cross-undertaking in damages, granted in respect of an unsuccessful claim for patent infringement, that the allegedly infringing articles had been manufactured in Canada in breach of the claimant's Canadian patent.

*Harounoff & another v Baker

Libel and slander Justification. The Queen's Bench Division allowed the claimant barristers' application for summary judgment in their defamation claim against the defendant.

Akhtar and others v Birmingham City Council

Employment tribunal Procedure. The Court of Appeal, Civil Division, dismissed the employer local authority's appeal, holding that the employees had complied with reg9 of the (Dispute Resolution) Regulations 2004, SI2004-752, in submitting their claims for equal pay.

*Bitumex (HK) Company Ltd v IRPC Public Company Ltd

Claim form Service. The Commercial Court ordered retrospective service of an arbitration claim form under CPR 6.15 as the facts of the instant arbitration took it out of the norm and made it exceptional.