News for February, 2025

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February 11, 2025

The Bloomsbury Professional Company Law Seminar 2025

Bloomsbury Professional Ireland are delighted to be hosting a new company law seminar: Emerging and Overlooked Liabilities of Company Directors on Thursday 10th April at Chartered Accountants Ireland, Pearse St, Dublin 2. This half-day event features the leading names in company and tort law in Ireland. With Dr Thomas B. Courtney acting as Chair, the seminar will focus on new developments in the area, in particular on potential liabilities for company directors if they are in breach of the law.

Speakers for this seminar include Professor William Binchy, Senator Michael McDowell SC, Shelley Horan BL, and Kelley Smith SC. The sessions for this event cover topics such as directors’ liability in tort, attachment of directors for civil contempt under s 53 of the Companies Act 2014, criminal liability of directors, and personal liability of directors. Delegates to the seminar will earn 4 CPD points.

Full Price: €450 

Early Bird Price: €395

Early Bird offer ends February 28th

Please email BPIreland@bloomsbury.com to book your place.

February 10, 2025

Vol 30, No 1 of Communications Law Now Available

Vol 30, No 1 of Communications Law is now available for subscribers. 

 

February 10, 2025

Bloomsbury IP/IT Law Briefing January 2025

The January issue of Bloomsbury IP/IT Law Briefing is now available for subscribers. 

In its judgment in Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5, the Court of Appeal concluded that Aldi’s Taurus cider product infringed Thatcher’s UK trade mark, reversing the first instance finding.

The Court of Appeal declined to depart from EU Court of Justice (CJEU) case law in its judgment in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks (Rev1) [2025] EWCA Civ 45, which concerned Merck’s application for a supplementary protection certificate (SPC) for cladribine and the interpretation of Article 3(d) of the SPC Regulation.

In Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors [2025] EWCA Civ 43, the Court of Appeal granted Amazon permission to make amendments to its counterclaim in its dispute with Alcatel/Nokia concerning whether a willing licensor would enter into an interim licence pending a final determination by the court.

The High Court rejected a claim by a researcher, Dr Vanessa Hill, that she was jointly entitled to the invention of certain patents and patent applications relating to so-called doggybone DNA (Hill v Touchlight Genetics Ltd & Ors [2025] EWHC 107 (Pat)).

In the latest judgment in a dispute concerning alleged infringement of copyright and other IP rights by the deep learning AI model called Stable Diffusion, Mrs Justice Joanna Smith refused permission for a representative claim as it did not identify a class with common interests (Getty Images (US) Inc & Ors v Stability AI Ltd [2025] EWHC 38 (Ch)).

The format of a sitcom series based on a live comedy night was not protected by copyright, and in any case was not infringed by a series called Live at the Moth Club, according to a judgment by Miss Recorder Amanda Michaels (Rinkoff v Baby Cow Productions Ltd [2025] EWHC 39 (IPEC)).

In Case C‑93/23 P, EUIPO v Neoperl AG [ECLI:EU:C:2025:33], the CJEU set aside a judgment of the EU General Court in a case concerning an EU trade mark application, finding that the General Court had exceeded its jurisdiction.

Reversing a first instance decision, the Court of Appeal of the Unified Patent Court (UPC) ruled that the court has jurisdiction to decide a damages claim in a case where a national court had previously made a finding of infringement (Fives ECL, SAS v REEL GmbH UPC_CoA_30/2024).

Finally, the Düsseldorf local division has ruled that the UPC has jurisdiction to hear the infringement action in respect of the UK patent in suit, if the defendant is domiciled in a contracting member state (FUJIMFILM Corporation v Kodak GmbH UPC_CFI_355/2023). This also applies if the defendant has filed a counterclaim for revocation in respect of the German part of the patent in suit.

February 10, 2025

Bloomsbury Family Law Briefing February 2025

The February issue of the Bloomsbury Family Law Briefing is now available for subscribers. 

Case Summaries 

Re X and Y (Children: Adoption Order: Setting Aside) [2025] EWCA Civ 2 (13 January 2025) – There is no inherent jurisdiction in the High Court to set aside or revoke an adoption order, save on appeal against the original order to the appropriate appellate court.

The Father v Worcestershire County Council [2025] UKSC 1 (29 January 2025) – A father was not entitled to challenge by writ of habeas corpus a care order made on his child, nor to challenge such an order by judicial review.

HA v EN [2025] EWHC 48 (Fam) (6 January 2025), Richard Todd KC as a High Court judge – W’s application for maintenance pending suit (Matrimonial Causes Act 1973 (MCA 1973), s 22: Maintenance Pending Suit (MPS)) and legal services payment order (MCA 1973, s 22ZA: Legal Services Payment Order). Order made and appropriate parts of the orders charged on the parties former matrimonial home under Solicitors Act 1974, s 73 (ie the solicitor’s statutory charge on property recovered through the solicitors’ instrumentality).

PM v RM [2025] EWFC 11 (20 January 2025) Justin Warshaw KC as a High Court judge – W’s application for MPS (MCA 1973, s 22) and LSPO (MCA 1973, s 22ZA) orders allowed. Injunction against a second respondent ie trustees of A Trust, prohibiting them from dealing with the family home, refused.

Tickle & Anor v The BBC & Ors [2025] EWCA Civ 42 (24 January 2025) – A judge, in this case a judge of the Family Division, has no jurisdiction to anonymise the names of judges at earlier stages of children proceedings; and in the absence of any application by three judges to seek anonymisation (per Sir Geoffrey Vos MR).

Potanina: Supreme Court and putting right overseas divorce procedure

In Potanina v Potanin [2024] UKSC 3, [2024] AC 1063, [2024] 1 FLR 1040 (31 January 2024) the Supreme Court reviewed procedure in a narrow range of family proceedings; and in doing so the Court commented on – and put right were there any doubt on the matter – the much wider procedural issue of procedure where a court order has been made without notice to the intended respondent to it.

Here a spouse applicant (the wife in this case: A) was seeking permission to proceed under Matrimonial and Family Proceedings Act 1984 (MFPA 1984), Pt 3 (‘financial relief after an overseas divorce’). By following procedural principles outlined by the Supreme Court in Agbaje v Agbaje [2010] UKSC 13, [2010] 1 AC 628 and in Family Proceedings Rules 2010 (FPR 2010), r 8.25 had been giving permission to an applicant (most often a wife: A); without notice to the respondent (R) and doing so in a way which was ‘unlawful’, as Potanina confirmed. The article explains why the MFPA 1984, Pt 3 procedure prior to Potanina was wrong and set out the correct procedure under FPR 2010, r 8.25 and in accordance with well-worn procedures under FPR 2010, rr 18.10 and 18.11. ‘What is required is [for judges] to apply the rules as they stand and not to disregard them’ said Lord Leggatt at [84].

February 10, 2025

IT/IP Update - CJEU Ruling: Supervisory Authorities Must Prove Abuse for 'Excessive' Requests

The expert team at William Fry have written an article about Case C-416/23. The Court of Justice of the European Union (CJEU) clarified the concept of 'excessive' requests under Art 57(4) of the General Data Protection Regulation (GDPR). The CJEU determined that requests submitted to data protection supervisory authorities cannot be considered 'excessive' solely based on their number. Instead, the supervisory authority must demonstrate the existence of an abusive intention on the part of the person submitting the request.

Read here for the background, decision and implications.

February 7, 2025

Professor John Wylie - Property Law Update for February

The February issue of Irish Property Law Update by Professor John Wylie is now live for subscribers to Irish Property Law with the latest updates on:

The monthly update of Irish property law developments by Professor Wylie is exclusively written for subscribers of the Bloomsbury Professional Irish Property Law Service. Each update contains commentary on relevant new cases, legislation, and Law Society practice notes and forms. The updates are set out under the relevant headings of the titles and chapters in the property law service together with links to the related content.

To sign up for a free trial of Irish Property Law or purchase a subscription to any of our legal and tax services, email bpireland@bloomsbury.com.

February 6, 2025

Small Company Financial Reporting (February 2025)

The latest update to Small Company Financial Reporting is now live for subscribers.

February 6, 2025

Making Tax Digital Tracker (February 2025)

The latest update to our Making Tax Digital Tracker is now live for subscribers. 

This content has undergone updates to reflect a Digital Record Keeping Notice and Update Notice released by HMRC in January 2025 and the announcement at the Autumn Budget 2024 that those with income over £20,000 would be brought into MTD during this Parliament. In particular, changes have been made to reflect new easements for jointly owned property (C1.2.12 and C4.1.3).

 

February 5, 2025

Issue 91 of Court of Session Practice Now Available

Issue 91 of Court of Session Practice is now available for subscribers. 

February 5, 2025

Norfolk and Montagu on the Taxation of Interest and Debt Finance (February 2025)

The latest  update to Norfolk and Montagu on the Taxation of Interest and Debt Finance  is now live for subscribers. This updates includes summaries of a number of relevant recent decisions inluding Syngenta Holdings Limited v Commissioners for HMRC ([2021] UKFTT 00236 (TC)), and Currell v Commissioners for HMRC ([2024] 00404 (TCC))

A summary of the updated material can be found here.

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