Burge & Anor v Haycock & Anor [2001] EWCA Civ 900 (31 May 2001)

Burge & Anor v Haycock & Anor [2001] EWCA Civ 900 (31 May 2001)

The Countryside Alliance, though not a commercial trader, had established valuable goodwill in its name and activities. The first defendant's use of the name in an election campaign constituted a misrepresentation likely to cause confusion and damage to that goodwill. The law of passing off applies to protect such goodwill, and electoral law does not preclude the grant of an injunction restraining such misrepresentation. The earlier decision in Kean v McGivan does not bar relief on these facts.

Citation
[2001] EWCA Civ 900
Parties
Claimant/appellant: Richard Burge; Claimant/appellant: Alex Armstrong; Defendant/respondent: John Bernard Haycock; Defendant/respondent: Neil Pringle
Jurisdiction
England and Wales
Judgment Date
31 May 2001
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Passing Off, Goodwill, Interim Injunction, Electoral Process, Freedom of Speech
Tort Law Electoral Law Passing Off Goodwill Interim Injunction Electoral Process Freedom of Speech

Case Brief

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Parties

Richard Burge

Claimant/appellant

Alex Armstrong

Claimant/appellant

John Bernard Haycock

Defendant/respondent

Neil Pringle

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the tort of passing off applies to a non-profit campaigning organisation in the context of an election.
  2. 2 Whether electoral law precludes the grant of an injunction restraining misrepresentation of association with a non-party organisation during an election campaign.

Ratio Decidendi

The Countryside Alliance, though not a commercial trader, had established valuable goodwill in its name and activities. The first defendant's use of the name in an election campaign constituted a misrepresentation likely to cause confusion and damage to that goodwill. The law of passing off applies to protect such goodwill, and electoral law does not preclude the grant of an injunction restraining such misrepresentation. The earlier decision in Kean v McGivan does not bar relief on these facts.

Court Disposition

Appeal allowed

Orders

  • Interim injunction granted restraining the first defendant from representing himself as a member of, supported by, or associated with the Countryside Alliance until final judgment.
  • Claimants awarded costs against the first defendant, both in the Court of Appeal and below.