Our Reported Cases
We don’t just advise on the law, we develop and redefine it.
When lawyers advise clients as to their rights, remedies and/or defences we have regard to a number of sources, one of which is case law. Case law refers to the body of law developed through decisions made by the courts in which legal principles have been applied to specific facts. Case law helps lawyers and clients to identify the correct principles, arguments to deploy and informs litigation decision
Not every case which is litigated and heard before the court results in a written judgment. Only cases which features new principles, findings or facts which have not been considered previously, or alternatively, are of sufficient importance, are reported.
We measure our success by the outcomes achieved, our clients’ satisfaction overall, and by developing case law.
Irvine Yates is well placed to venture into the uncertain territory that can sometimes present in cases and put its clients’ cases at the highest in developing the body of caselaw against which future cases may fall to be determined.
We measure our success by the outcomes achieved, our clients’ satisfaction overall, and by developing case law.
Baxter v Doble [2023] EWHC 486 (KB)
Irvine Yates acted for the Applicant in a claim issued out of the High Court in London to commit to prison an unregulated legal services advisor for contempt of court.
The provision of certain legal services is reserved to those authorised to do so. Conduct of litigation is one such service. The Legal Services Act 2007 makes it a criminal offence to engage in the conduct of litigation if not authorised to do so. There are very good policy reasons for this strict criteria. Authorisation ensures that that there is not only technical skill but also adequate and effective insurance in the event of professional negligence. Persons engaging in the conduct of litigation when neither authorised nor exempt have no effective insurance leaving their clients in a vulnerable and exposed position.
Until the case of Baxter v Doble it was unclear which steps do and do not come within the definition of the Conduct of Litigation. This case not only developed case law but it is also cited in legal databases as having significant importance and is the leading authority as to conduct of litigation under section 12 of the Legal Services Act 2007.
Following on from Baxter v Doble a number of organisations and regulators have instigated policy changes thus this case in particular show cases our commitment to the shaping of the provision of legal services in the market and ensuring legal service users are properly protected.
Yours Naturally Naturally Yours v Kate McIver Skin Limited and Anor [2023] EWHC 890 (IPEC)
Irvine Yates acted for the Claimant in a case concerning passing off. It was determined at trial by His Honour Judge Hacon who is the presiding judge of IPEC which is a specialist division of the High Court concerning intellectual property disputes.
The facts of the case concerned a white labelling arrangement and the court in allowing the claim for passing off found the retailer had maliciously lied concerning the creation and origin of the product.
Yours Naturally Naturally Yours v Kate McIver Skin Limited and Anor [2023] EWCA Civ 1493
Kate McIver Skin and the other Defendant were unwilling to accept the findings of His Honour Judge Hacon and put their appeal before the Court of Appeal.
The Court of Appeal upheld the lower court’s finding of passing off.