Default Notices
This is a Court of Appeal judgment involving a debt of £5,000 owed by Mr Brandon in respect of his credit card with Amex.
On 19 June 2007, Amex issued a Default Notice asserting a breach of the agreement...
Latest news and views tagged summary judgment
RSSUnited copycat hopes suffer crash landing – United Airlines Inc v United Airways Limited and United Airways Bangladesh Limited, High Court
United Airlines, the famous US airline, has won a comprehensive victory and obtained summary judgment in the High Court against a Bangladeshi airline that went under the name United Airways. The High Court...
Court calls time on trade mark opposition in breach of coexistence agreement – Omega SA v Omega Engineering Inc, Court of Appeal
The Court of Appeal has upheld a summary judgment claim in favour of the US Omega company, which objected to the Swiss Omega company’s opposition to the US company’s trade mark application in the UK....
Sit back and…go to trial – Virgin Atlantic Airways Ltd v Delta Airways Inc, Court of Appeal
The Court of Appeal rejected a ruling of the High Court that had granted summary judgment to Delta Airways Inc (“Delta”) in relation to an action brought by Virgin Atlantic Airways Ltd (“Virgin”)....
Industry standard? Must be reasonable then – Röhlig (UK) Ltd v Rock Unique Ltd, Court of Appeal
The Court of Appeal has ruled that clauses in the standard trading terms of a particular trade industry body were reasonable under the Unfair Contract Terms Act 1977 (UCTA). The ruling upholds the decision...
Directors safe from company fines under Competition Act 1998 – Safeway Stores Limited & Others v Twigger & Others, Court of Appeal
The Court of Appeal has ruled that, where an undertaking has been fined for a breach of the Competition Act 1998, that undertaking cannot recover the amount of the fine from those directors or employees...
‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal
Rooney owned an aircraft. CSE carried out servicing work on the aircraft. Rooney had a claim for negligent work. CSE argued that its liability was affected by what was in its terms and conditions. Rooney...
It’s just not cricket as High Court says libel case should be heard despite small numbers who saw original post – Cairns v Modi, High Court
The High Court has ruled that a case involving an allegedly defamatory Tweet could proceed to trial despite the fact that relatively few people had received the original Tweet. Chris Cairns, the former...
Liquidated damages does not always need to be genuine pre-estimate of loss to be enforceable – Azimut-Benetti v Healey, High Court
Liquidated damages are clauses in contracts that provide for a pre-agreed value to be paid in the event of a breach of contract by one of the parties. Commonly, they are used when there is a delay to performance....
High Court denies game show creator’s format rights copied by Lottery show – Meakin v BBC and Celador, High Court
The High Court has granted summary judgment to the BBC and Celador in their defence of a claim by Mr Meakin that the broadcaster and production company infringed his copyright by copying his ideas for...
