UK: AB InBev tries to challenge UK Court of Appeal ruling for ‘unfortunate’ comments

Anheuser-Busch InBev tried to challenge a UK Court of Appeal ruling after a judge made “unfortunate” comments about “the quality of the beer”, The Drinks Business reported on March, 19.

The US brewers challenged Sir Robin Jacob’s ruling in the long-running legal battle to stop Czech brewer Budejovicky Budvar from using the Budweiser name in England and Wales.

AB InBev listed Sir Robin’s remarks under “allegations of unfairness” as it tried to take the case to the Supreme Court. But the Supreme Court denied the US brewer’s application for permission to appeal, saying that Sir Robin’s comments were “unfortunate though clearly light-hearted”.

The panel of Supreme Court’s decision notice said: “The appeal panel does not regard this application as raising any point of law of general public importance which the Supreme Court ought to consider.

“As to the allegations of unfairness in the Notice of Appeal – including the unfortunate, though clearly light-hearted, comments made by Sir Robin Jacob about the quality of beer at the initial hearing in 2009 – the Supreme Court sees no prospect of them establishing a basis for setting aside the Court of Appeal’s judgment, nor do they involve matter of general public importance.”

The decision notice did not outline exactly what Sir Robin said in the Court of Appeal.

The Supreme Court panel listed eight points raised by AB InBev in its complaint against the appeal court’s ruling including “the domestic concept of honest concurrent use”, “errors alleged regarding pleading practice and burden of proof” and “procedural and substantive rulings”.

20 March, 2013