Top Litigation Cases
8 October 2001
Passing off action claiming the Lambrini product, produced by Halewood International, infringed the group reputation and goodwill in products sold in the UK under the name Lambrusco. Case settled with Halewood to continue to use the Lambrini brand but make changes to its labelling. The case attracted interest after Halewood lodged an unsuccessful claim to have Addleshaws disinstructed due to a conflict of interest on the part of one of its solicitors.
Mark Goodwin, DLA, and John Baldwin QC, 8 New Square, for Halewood. Richard Kempner, Addleshaw Booth & Co, and Ian Purvis, 11 South Square, for Lambrusco.
O'Loughlin & ors Volclay
A multi-party claim involving more than 3,000 claimants in circumstances where it was alleged that there had been extensive health problems caused by a mineral processing works. The number of claimants was reduced during the litigation to 1,536. It was recently settled on payment of £1.2m.
Keith Lewin and Anne-Marie Atherton, DLA, and Julian Flaux QC, Christopher Butcher QC and Gavin Geary, 7 Kings Bench Walk, acted for company defendants. Roland Jones & Partners, Brian Langstaff QC and Andrew Buchan of Cloisters and David Geey of 7 Harrington Street Chambers acted for the claimants Nina Roland and Trevor Roland.
Barrett McKenzie and Co Ltd Escada (UK) Ltd
Heard in the High Court before Mr Justice Bowers, who gave judgment on 1 February, the case dealt with agents' compensation on termination. It was ruled that compensation for termination of an agency arrangement should be calculated to take account of the nature of the particular case before the court, rather than by a tariff approach.
Mace & Jones and David Berkley QC, Merchant Chambers, advised the claimant. Michael Wydra & Co and Oliver Segal, Old Square Chambers, advised the defendant.
Clayton Wirral Borough Council
The case, heard before Judge Downie in the Liverpool County Court, dealt with allegations of bullying at school. The judgment, handed down on 21 February, found in favour of the defendant.
Hill Dickinson and Keith Armitage QC, 8 King Street, for Wirral Borough Council. Kirwans and Graham Morrow QC, Exchange Chambers, for the claimant.
Gencor ACP Ltd & ors Glenn Bryan Dalby & ors
A fraud case against the former managing director and finance director of Gencor and its associated companies in the British Virgin Islands, Malta and the Isle of Man. Awarded £750,000 by Mr Justice Rimer at the High Court in July 2000, the claimants were awarded a further £350,000 in June 2001 when the balance of the claims came to trial before Mr Justice Neuberger in the High Court.
Hammond Suddards Edge and Christopher Pymont QC, Maitland Chambers, acted for the claimants. Jay Benning & Peltz (now merged with Radcliffes) and Adrian Francis, 24 Old Buildings, advised the defendants.
Amec Developments Limited Jury's Hotel Management (UK) Ltd
This case, heard in the Chancery Division of the High Court before Mr Justice Mann, concerned the construction of a 265-room hotel by Jury's in Manchester, adjacent to Amec's site, and the breach of a restrictive covenant. On 17 November, judgment was entered in favour of the claimant. Amec was awarded £375,000, together with costs amounting to around £190,000. The case is generally regarded as a leading authority for determining how damages are to be assessed in place of an injunction.
Halliwell Landau and Jonathan Brock QC, Falcon Chambers, advised the claimant. Hammond Suddards Edge and John Cherryman QC, 4 Breams Buildings, advised the defendant.
Delta Sound PA Limited Federal Signal Limited
Delta brought a damages claim against Federal Signal. Proceedings came to trial within 10 months and it was referred to the Preston Combined Court for trial, before Mr Justice Nelson. Judgment in Delta's favour was handed down on 3 August and more than £290,000 damages were awarded.
Eversheds and Geraldine Andrews, Essex Court Chambers, advised Delta. Dewar Hogan Solicitors and Aidan Christie, 4 Pump Court, acted for Federal Signal.
Gibson Lea Retail Interiors Ltd Makro Self-service Wholesalers Ltd
Heard in the Technology & Construction Court in July, before Judge Seymour. The case was concerned with the scope of the Housing Grants Act and whether certain buildings operations were within the definition of the housing grants.
Paul Donnelly, Addleshaw Booth & Co, and Alexander Nissen, Keating Chambers, advised Makro. Browne Jacobson and Delia Dumaresq, Atkin Chambers, advised the claimant.
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