UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

Starting today in the Supreme Court is the two day appeal of Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd, listed to be heard by Lords Walker, Clarke, Sumption, Reed, and Carnwath. The appellant company is the proprietor of trademarks involving the word “Sun” relating to computer hardware, and it issued proceedings for trade mark infringement against the respondent, who had been selling computer disk drives bearing the trade mark. The respondent company’s defence alleged that the appellant’s actions amounted to an abuse of their rights under the Trade Mark Directive, and that they also breached Community law protecting free movement of goods between EU member states and competition law. The appellant applied for summary judgment and it is for the Supreme Court to determine whether the summary judgment should have been granted on the basis that the defences raised by the respondent by reference to EC Arts 28 and 30, EC Art 81 and the Community principle of abuse of rights had no real prospect of success. Case details are available here.

On Wednesday 2 May 2012 the Supreme Court will hand down judgment in Petroleo Brasileiro S.A. v E.N.E. Kos 1 Limited.

Today in the Privy Council is the hearing of The Presidential Insurance Company Limited v Resha St. Hill, an appeal from the Court of Appeal of Trinidad and Tobago to be heard by Lady Hale and Lords Phillips, Mance, Dyson, and Wilson. The respondent suffered personal injuries after being a passenger in a vehicle which collided with a vehicle insured by the appellant company. The appellant insurers contended that the driver of the vehicle was not covered by their policy and it is for the Judicial Committee to determine whether the Motor Vehicles Insurance (Third Party Risks) Act s4(7) requires an insurer to satisfy a judgment obtained against the driver of the insured vehicle, who was driving with the consent of the insured, in circumstances where such person was not a permitted driver. Here are the case details.

There are no judgments to be handed down by the Privy Council this week.

The following Supreme Court judgments remain outstanding:

Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.

Assange v The Swedish Judicial Authority, heard 1 – 2 February 2012.

R (KM) (by his mother and litigation friend JM) v Cambridgeshire County Council, heard 7 – 9 February 2012.

Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue and anor, heard 20 – 29 February 2012.

R (HH) v Deputy Prosecutor of the Italian Republic, R (PH) v Deputy Prosecutor of the Italian Republic, Genoa, BH (AP) and another v The Lord Advocate and another (Scotland), KAS or H (AP) v The Lord Advocate and another (Scotland) and Genoa  Filipek-Kwasny v Polish Judicial Authority, heard 5 – 8 March 2012.

NJDB v JEG & Anor, heard 13 March 2012.

Humphreys v The Commissioners for Her Majesty’s Revenue and Customs, heard 14 – 15 March 2012.

Perry & Ors v Serious Organised Crime Agency and Perry & Ors (No. 2) v Serious Organised Crime Agency, heard 20 – 23 March 2012.

R v Waya, heard 27 – 30 March 2012.

Fairclough Homes Ltd v Summers, heard 18 – 19 April 2012.

R (on the application of Alvi) v Secretary of State for the Home Department, heard 24 – 27 April 2012.

Secretary of State for the Home Department v Munir and anor, heard 24 – 27 April 2012.