Archive for March 2024

WONKA: A Competition Lawyer’s Review

WONKA: A Competition Lawyer’s Review Dive into the chocolate river of the latest Wonka movie, where Timothée Chalamet dons the iconic top hat, and find yourself not just in a world of pure imagination but in the exciting world of regulatory law!  This prequel to Roald Dahl’s “Charlie and the Chocolate Factory” has proved to […]

The Defrauded Client

A client asked us to investigate the conduct a solicitor who had previously represented him. As a result of a meticulous examination, we found that the solicitor in question had forged a large number of court documents. He had forged transcripts of hearings which had never taken place. In addition, he had made up judgments […]

The Wrongfully Obtained Injuction

Tenants of restaurant premises obtained judgment against their landlords for breaches of covenants in their lease. The next stage of the case was for the court to assess how much compensation should be paid to the tenants. The landlords made an offer, but the tenants did not accept it. At that point, the landlords asked […]

The Client Harmed By Negligent Government Action

A farming couple had obtained a court award against their local government. The government had acted negligently in representing to stores that the couple’s crop was not up to standard. The couple wished to appeal against the size of the award. The couple’s lawyers themselves then failed either to obtain payment of the award, or […]

The Battered Partner

Janet Gardner endured a lengthy history of violence, torment and what would today also be recognised as coercive control by her partner, Peter Iles. She had sought help form the police and from the courts, and had changed her jobs, all to no avail. Iles’s violence continued, including inflicting cigarette burns and, finally, an attempt […]

The Abused Teenager

By the time we came to represent Emma Humphreys, she had spent the whole of her adult life – 10 years – in prison for the murder of her partner, Trevor Armitage. Her case – one of the most appalling cases of violence, mental torment, sexual exploitation and gang-rape to have reached the courts – […]

The Provoked Wife

In 1989, Kiranjit Ahluwalia was convicted of the murder of her husband after 10 years of marriage. She was sentenced to imprisonment for life. At the request of Southall Black Sisters, we took over Kiranjit’s legal representation after she had started serving her sentence. Following a detailed examination of the history of her marriage, and […]

The Desperate Wife

Sara Thornton was convicted of the murder by stabbing of her brutal, alcoholic husband, a retired police officer, and sentenced to the penalty required by law: imprisonment for life. We were instructed on her behalf in connection with her appeal against that conviction. The conviction was contested at appellate level on grounds of cumulative provocation, […]

Limitations to freedom to import

Was an importer free to use the trademark owner’s mark where the trademark owner had no control over the product imported? Our Intellectual Property team acted for a parallel importer who wished to utilise the trademark of a UK distributor in order to achieve market penetration for a product imported from a European Union state. […]

The free movement of goods

Was an importer of medicinal products free to import goods from elsewhere in the EC, even if patent protection in the state of exportation was inadequate, but the patent owner had consented to the marketing of the product in that state? The case concerned the parallel imports of patented pharmaceuticals, and the Spain and Portugal […]

Recoverability under a Cross-Undertaking

What damages were recoverable from a claimant under a cross-undertaking given in support of an injunction? Our client had obtained a parallel import product licence from the regulator, permitting it to import a pharmaceutical product from a  European Union member state and sell it in the United Kingdom. The claimant obtained an injunction against our […]

Challenging the Regulator’s Decision

Was the regulator right to withdraw an import licence it had granted? A parallel import licence was granted by the regulator, the Medicines Control Agency, to Primecrown Limited permitting the importation into the United Kingdom of a medicinal product, Ditropan, from Belgium. Smith & Nephew Pharmaceuticals Limited, which held a marketing authorisation in the United […]

A V 17 DEFENDANTS

Seventeen defendants, who were former employees of our client company, were accused by our claimant client, which specialised in the development of software, of infringing its intellectual property rights. We sought injunctive relief in light of extraordinary discoveries unearthed by our client, which indicated that an agreement was made by several of the defendants to […]

Was the government’s guarantee for an assignee valid and enforceable?

In September 2014 our Commercial Property team acted for an investment purchaser in relation to the acquisition of a new-build commercial property from a vendor which had already exchanged an agreement with the trustees of a school to grant to the trustees a lease of the property to be used as a school. The Department […]

Would a sub-lease result in third part rights and create a future obstacle to development?

In September 2015, the firm acted for a purchaser in relation to the acquisition of a commercial property with the benefit of a lease granted to a leading supermarket. Following the acquisition, the supermarket tenant approached our client for consent to grant a sub-lease for 99 years to a power distributor for the erection and […]

Understanding disappointment

The case involved a pharmacist who became romantically involved with a patient. A number of serious accusations were made against the client, which, if found at the trial of the disciplinary proceedings to be true, would have resulted in a strike-off. A robust, fact-based challenge was mounted to the allegations advanced. Result: Withdrawal of the […]

Understanding the pull of profit

The case concerned a pharmacist who was accused of forging documents to conceal a trade in medicines, amounting to many tens of thousands of pounds, not intended for the UK market. Preparation included a visit to the overseas market to which the products in question were destined, a close examination of a lengthy history of […]

Fraud

The pharmacist client was charged with altering documents in the pharmacy, the effect of which was to present a false claim for prescriptions dispensed. They faced an almost certain strike-off, but a meticulously prepared mitigation included a long history of personal strife and a well-documented medical history. Result: Reprimand.

House of Books & Friends launches Business Club for purpose-led businesses

gunnercooke-founded purpose-led bookshop, House of Books & Friends, is welcoming businesses to join its new and exclusive, ‘House of Business Friends’. This is a unique opportunity for businesses to connect with like-minded purpose-driven leaders and to help deliver change in their communities. Businesses are increasingly looking to find their purpose as conscious consumers become increasingly […]

Enforcing a “foreign” Will on a French Estate under EU Regulation 650/2012

In the realm of cross-border succession, the European Union has sought to streamline the legal process through the implementation of Regulation (EU) No 650/2012, commonly known as the Brussels IV Regulation. This regulation aims to harmonize rules on jurisdiction, recognition, and enforcement of decisions in matters of succession within the EU member states. In this […]

gunnercooke storms into 2024 with over 50 new hires

Leading international law firm gunnercooke is starting 2024 off strongly following its strong recruitment drive in the final quarter of 2023, welcoming 11 Partners, six Operating Partners, eight associates, 12 paralegals and 14 other support staff. Just after celebrating the one-year anniversary of the launch of the gunnercooke US office, the team welcomed Ian Ratner […]

M V S

The case concerned a claim against our client for alleged infringement of the claimant’s international registered trademark for a pharmaceutical preparation. The preparation was sold under one name in the Member State of the European Union from which it was imported and under another in the United Kingdom. Our client repackaged the product using the […]

Objections to a Pharmacy relocation

Between 2012 and 2015 the firm acted for a pharmacist client which wished to object to the intended relocation of a new competitor pharmacy within a short distance from its own retail pharmacy. In the face of representations in support of the competitor pharmacy from a local doctors’ surgery as well a reluctant agreement of […]

The Economic Crime and Corporate Transparency Act 2023

Improving the accuracy and quality of data on Companies House This is the first of a number of articles in relation to The Economic Crime and Corporate Transparency Act 2023 (ECCTA). ECCTA received Royal Assent on 26 October 2023.  One of the key aims of ECCTA is to improve the accuracy and quality of the […]

The Economic Crime and Corporate Transparency Act 2023

The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) received Royal Assent on 26 October 2023.   ECCTA came about as a result of the Government’s initiative to crack down on economic and financial crime. There have been increasing concerns over instances of the misuse of companies, an increase in financial and economic crime, fraud […]

Why settlement never feels like a success

Most CEOs will understand why the feeling of success will not usually come from a successful mediation. Mediation always makes all parties involved feel as if they have given away too much or didn’t ask for enough. There is no middle ground in mediation; there is only the costs, and the mental/emotional relief. If you […]

Self Prescribing

The client, a pharmacist, was charged by the regulator with dispensing to themselves a prescription pharmaceutical product.

California’s Data Broker Registry

California’s data regulator, the California Privacy Protection Agency (CPPA), has launched its Data Broker Registry.  This broker registry is now live, and available here. Data Brokers are businesses which purchase and sell information about consumers from other businesses, but don’t interact directly with those consumers (‘brokers’). Information for Data Brokers The Data Broker Registration Statute […]

Is culture really that important? With James Timpson, CEO of Timpson 

gunnercooke has released the latest episode of The Inspiring Leadership Podcast, hosted by Co-Founder Darryl Cooke.  The series delves into the minds of inspiring businesspeople, to learn from the very best, and to understand what makes a great leader. Insights include recipes for success, behaviours to model and practical tips from some of the best business […]

5 predicted trends for real estate finance in 2024

With 2024 now in full swing, it’s the perfect time to look ahead and see what is in store for the remainder of the year. 1. Rise of Proptech: Hold onto your hats, because a tech revolution is coming to real estate finance! We’re talking about blockchain, artificial intelligence, and automation swooping in to simplify […]

The extent of the demise granted by the lease – and unforeseen issues that can arise

This is an area to which both landlords and tenants/buyers should pay careful attention. It’s very easy store up problems for the future where the parties don’t think carefully about the true extent of the premises/equipment which is being leased/sold to the tenant (the “demise”), and therefore the true extent of the tenant’s repairing obligation […]