Judge refuses to dismiss case on student gowns

St Andrews University action against company

A judge at Scotland’s highest civil court has refused to dismiss a case brought by St Andrews University against a firm which sells red gowns to undergraduates.

Lawyers for St Andrews want a Court of Session judge to pass an interdict against the London-based Student Gowns Ltd.

University staff object to the firm’s claims that it is selling products which have been endorsed by the institution.

Bosses claim the gowns are inferior to the university’s own and that their trademark is being infringed.

Lawyers for the London-based firm said they were facing similar actions from English universities and wanted Lord Doherty to dismiss the action and force St Andrews to raise the action in an English court.

The legal team said UK commercial law meant the Court of Session did not have jurisdiction and because the company was registered in England and carried out its business there, the matter should be heard south of the border.

However, in a written judgment issued at the court yesterday, Lord Doherty dismissed the attempt.

He said the firm was selling to Scottish consumers and the law allowed the matter to be heard at the Court of Session.

He wrote: “In my opinion, the subject matter of the action has a very real and substantial connection with Scotland.”

Student Gowns Ltd uses the name Churchill Gowns and sells robes on its website for £99.

The official version costs £159 from the university’s shop.