Litigation Writs 31/5/99

The US government and NASA are taking Julian Higgins of London to the High Court after failing to stop him from registering a trade mark similar to the NASA logo. In a claim issued at London's High Court, they are seeking to reverse an order of the Registrar of Trade Marks, made on 13 January this year. The Registrar directed that Higgins' application for registration should be allowed to proceed and ordered the US government and NASA to pay costs. However, in the claim it is alleged that the Registrar should have refused registration of the trade mark, since its use in the UK would be likely to deceive and cause confusion. NASA and the US government claim that the Registrar was wrong in holding that they could not succeed unless they could show that they had used the mark in the UK. They also say that a finding by him that their claim to copyright was not established was wrong. Instead, they say that the Registrar should have refused the claim by Higgins.

Claim issued by Nabarro Nathanson, London W1.

Securicare (Medical) Ltd of High Wycombe is suing Buckinghamshire Health Authority for u453,426.62 and interest of u99.38 a day. Securicare accuses the health authority of wrongly refusing to authorise payment of the money, which is owed for unspecified goods. They claim that the authority is liable to pay the money on the grounds of restitution or unjust enrichment. They also seek a declaration that the authority is liable to procure payment from the prescription pricing authority.

Claim issued by Green & Rawlings, High Wycombe.

The Official Solicitor has launched High Court proceedings on behalf of Peter Etheridge of Hornchurch, Essex, against Norwich based Dr John Millar, and Dr Mokhtar Ahmed, of Romford, Essex, for damages for his injuries, which he claims were caused by their negligence in his treatment and care between 22 and 30 November 1989, although the writ does not give details of the alleged negligence.

Claim issued by Leigh Day & Co, London EC

Lifecare NHS Trust of Caterham, Surrey, has launched High Court action against Walter Hurley of Croydon and Gordon Baggs of Sandwich, Kent. The Trust is suing Hurley for damages for alleged breach of written contract, negligence, breach of statutory duty and conspiracy. It also seeks a declaration that he is liable to account for all payments he received from Baggs, and that he holds those payments as constructive trustee, and a declaration in respect of u39,000 he is said to have corruptly received from Baggs. Baggs is being sued for damages for allegedly inducing a breach of contract and conspiracy, and a declaration that money paid by Hurley to him under an arrangement between them is owed to the Trust. The claim alleges that the arrangement involved Baggs receiving payment of more than u150 a week per patient. It is alleged the money was received by him as constructive trustee and that, in those circumstances, he is liable to account for u39,000 which is said to have been corruptly received by Hurley from him, along with a further u34,000 he is said to owe

the Trust.

Claim issued by Herbert Smith, London EC2.