Case book

Judgments

Amersham Pharmacia Biotech AB v (1) Amicon Ltd (2) Millipore (UK) Ltd (3) Millipore Corporation (5/7/01) CA
Lords: Aldous, Hale, Parker
The protocol on the interpretation of Art.69 European Patent Convention did not introduce into UK law a doctrine of infringement by equivalent effect by use of a different mechanism.
Appearances: Henry Carr QC and Iain Purvis of 11 South Square instructed by Bristows for the claimant. Christopher Floyd QC of 11 South Square and Guy Burkill of Three New Square instructed by Wragge & Co for the respondents.
(Lawtel ref: C0101609)
Eastbourne Borough Council v James Foster (11/7/01) CA
Lords: Aldous, May, Rix
A compromise agreement entered into by a local authority in excess of its powers was void and of no legal effect. Restitution of monies paid pursuant to the agreement were not recoverable, as the employee could rely on the defence of estoppel by change of position. The void agreement left a repudiated contract, not an agreed termination of the employee's old contract. A continuing employment relationship remained that terminated upon the giving of reasonable notice.
Appearances: Michael Curtis of Crown Office Chambers instructed by Mayo & Perkins (Eastbourne) for defendant. Daniel Stilitz of 11 King's Bench Walk instructed by and for the council.
(Lawtel Ref: C0100466)
Mandy Allwood v (1) Max Clifford (2) Max Clifford Associates Ltd (28/6/01) Ch D
Judge: Park
The burden of proof lay on the agent to show that his principal had given full informed consent to an arrangement between the agent and a third party, including the fact that the third party would be making a payment to the agent, and if the agent could not discharge the burden he would not be allowed to keep the payment.
Appearances: Jonathan Crystal of Cloisters instructed by DMH (Brighton) for the claimant. Edmund Cullen of 11 Stone Buildings instructed by Clintons for the defendants.
(Lawtel ref: C0101579)
Caldwell v Maguire & Anor (27/6/2001) CA
Lords: Woolf, Judge, Tuckey
It was not possible to characterise momentary carelessness during a horse race in which one rider was injured when another horse rode into his path, and there would be no liability for lapses in judgement in the context of a fast-moving contest.
Appearances: Lord Brennan QC of Matrix Chambers instructed by Hugh Potter & Co for applicant. Tim Kerr QC of 11 King's Bench Walk instructed by Reynolds Porter Chamberlain for the respondents.
(Lawtel ref: C9500631)
Richard Branson v Tom Bower (15/6/2001) QBD
Judge: Eady
The objective test for a fair comment defence required that the opinions expressed were capable of being honestly held and based upon facts accurately stated. 'Reasonableness' or 'fair-mindedness' had no part to play in that test.
Appearances: James Price QC of 5 Raymond Buildings and Heather Rogers of Matrix Chambers instructed by Harbottle & Lewis for the claimant. Michael Tugendhat QC of 5 Raymond Buildings instructed by Reynolds Porter Chamberlain for the defendant.
(Lawtel Ref: C0101520)