Case summaries

Burnden Holdings (UK) Ltd v Fielding

A liquidator brought claims against former directors for breach of fiduciary duty regarding a distribution in specie and grant of security. The court held that directors' liability for unlawful dividends is fault-based, not strict. The claims were dismissed as the distribution was lawful, interim accounts complied with statutory requirements, and the directors were not at fault.

Burnell v Trans-Tag Ltd [2021] EWHC 1457 (Ch)

Mr Burnell invested £250,000 in Trans-Tag Ltd, expecting shares in return under an agreement with Mr Aird. When shares were not issued, he sought repayment. The company counterclaimed for breach of directors' duties after Mr Burnell acquired the company's licensor. The court allowed partial recovery for both parties.

Burnett v International Insurance Company of Hanover Ltd (Scotland) [2021] UKSC 12

A door steward employed by a security company applied a fatal neck hold to Mr Grant during an ejection from a bar. His widow claimed against the company's insurer after the company entered liquidation. The Supreme Court held the policy's 'deliberate acts' exclusion required intention to injure, which was not established on the facts.

Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd. [1977] EWCA Civ 9 (25 April 1977)

A 'battle of forms' dispute arose when sellers quoted a price with a price variation clause, but buyers placed an order on their own terms without such a clause. The sellers signed and returned the buyers' acknowledgement slip. The Court of Appeal held the contract was formed on the buyers' terms, establishing important principles for resolving conflicting standard form contracts.

Byers & Ors v Saudi National Bank [2023] UKSC 51

SICL's trustee transferred shares to Samba in breach of trust. Under Saudi Arabian law, the registration extinguished SICL's equitable interest. The Supreme Court held that a claim in knowing receipt requires the claimant to retain a continuing equitable proprietary interest at the time of the defendant's receipt, which was destroyed here.

BYL v Chancellor of the Exchequer [2026] EWCA Civ 170

Charedi Jewish and Evangelical Christian school communities challenged the imposition of VAT on private school fees under the Finance Act 2025, claiming it breached Convention rights. The Court of Appeal dismissed the appeals, holding the measure was objectively justified and proportionate.

Byrne v Van Tienhoven (1880) 5 CPD 344

Van Tienhoven posted an offer to sell tinplates from Cardiff to Byrne in New York. Byrne accepted by telegram upon receipt, but Van Tienhoven had already posted a revocation letter. The court held that revocation is only effective upon actual communication to the offeree, not upon posting.

C & P Haulage v Middleton [1983] EWCA Civ 5 (27 June 1983)

Mr Middleton, an automobile engineer, was granted a licence to use premises for his business. He spent money on improvements. The licensors wrongfully terminated the licence ten weeks early. The Court of Appeal held he was entitled only to nominal damages as he suffered no actual loss, having returned rent-free to his own premises.

C Czarnikow Ltd v Koufos (The Heron II) [1967] UKHL 4 (17 October 1967)

A shipowner breached a charter party by deviating, causing nine days' delay in delivering sugar to Basrah. The sugar market price fell during the delay. The House of Lords held the charterers could recover damages for loss of market as such loss was not unlikely to result from the breach and was within the parties' contemplation.

C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government [2025] UKSC 35

This appeal raised two issues of planning law concerning environmental protection and large-scale residential development. Issue 1 was whether regulation 63 of the Conservation of Habitats and Species Regulations 2017 ("the Habitats Regulations") requires an appropriate assessment before a local planning authority discharges conditions attached to a reserved matters approval. Issue 2 was whether national planning policy in the NPPF - directing that Ramsar sites receive the same protection as European sites - could be used to block the discharge of conditions on an outline planning permission where those conditions had nothing to do with protecting the Ramsar site. The…

Callisher v Bischoffsheim (1869–70) LR 5 QB 449

Callisher claimed money was owed to him by the Honduras Government and agreed to forbear legal proceedings in exchange for the defendant's promise to deliver bonds. The defendant failed to deliver and argued the original claim was groundless. The court held that forbearance to pursue a bona fide disputed claim constitutes good consideration.

Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6

Ms Cameron was injured by a hit-and-run driver of an insured Nissan Micra. She sought to sue the unidentified driver and have the insurer satisfy any judgment. The Supreme Court held an unidentifiable defendant cannot generally be sued where service cannot meaningfully be effected.

Campbell and Cosans v United Kingdom (Application 7511/76) [1982] ECHR 1

Two Scottish mothers challenged the use of corporal punishment in their children's state schools. The European Court of Human Rights held that the UK violated parents' rights to have their children educated in conformity with their philosophical convictions, establishing important precedent on educational rights under the Convention.

Campbell v Gordon (Scotland) [2016] UKSC 38

An apprentice joiner injured by a circular saw sought to hold a company director personally liable for the company's failure to maintain adequate employers' liability insurance under the 1969 Act. The Supreme Court held by majority that no civil liability attached to the director.

Campbell v MGN Ltd [2004] UKHL 22 (6 May 2004)

Supermodel Naomi Campbell sued the Daily Mirror for publishing details of her drug addiction treatment at Narcotics Anonymous, including covert photographs. The House of Lords held (3-2) that while the newspaper could reveal she was a drug addict (correcting her public lies), publishing therapy details and photographs breached her privacy rights under confidence law.

Canada Square Operations Ltd v Potter [2023] UKSC 41

Mrs Potter took out a loan with payment protection insurance. The lender retained over 95% of the PPI premium as undisclosed commission. She brought a claim under the Consumer Credit Act 1974 for an unfair relationship. The Supreme Court held the claim was not time-barred as the commission had been deliberately concealed under section 32(1)(b) of the Limitation Act 1980.

Canaj v Secretary of State for the Home Department; Vallaj v Special Adjudicator [2001] EWCA Civ 782

Two Kosovar Albanian asylum seekers challenged decisions refusing them refugee status. The Court considered whether protection provided by UNMIK and KFOR in Kosovo satisfied Convention requirements, and whether the 'internal flight alternative' applied. Both applications were refused, confirming that international protection in Kosovo was sufficient and internal relocation principles only apply when returning to a different area from the claimant's home.

Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35

Candey, a law firm, sought to enforce an equitable lien over settlement proceeds recovered in litigation for their insolvent client PHRL. The Supreme Court held Candey had waived its lien by entering into a fixed fee agreement and deed of charge without expressly reserving the lien, despite inconsistencies between the new security arrangements and the original lien.

CAO v Secretary of State for the Home Department (Northern Ireland) [2024] UKSC 32

A Nigerian mother sought asylum for herself and her children, claiming her daughter faced risk of FGM upon return to Nigeria. The Supreme Court considered whether breach of section 55 of the Borders, Citizenship and Immigration Act 2009 by the Secretary of State would render the First-tier Tribunal's decision unlawful. The Court held that the FTT's own lawful determination supersedes any earlier breach by the Secretary of State.

Caparo Industries Plc v Dickman [1990] UKHL 2 (08 February 1990)

Caparo purchased shares in Fidelity relying on audited accounts prepared by Touche Ross. The accounts were allegedly negligent, overstating profits. Caparo sued the auditors claiming they owed a duty of care. The House of Lords held auditors owe no duty to individual shareholders for investment decisions or to potential investors, only to shareholders collectively for proper corporate governance purposes.

Car & Universal Finance Company Ltd v Caldwell [1963] EWCA Civ 4 (19 December 1963)

Caldwell sold his Jaguar to Norris, who paid with a worthless cheque and absconded. Caldwell immediately informed police and the AA to trace the car. The Court of Appeal held that where a fraudulent buyer deliberately absconds, the defrauded seller can rescind the contract without communicating directly with the fraudster, thereby defeating later innocent purchasers' claims.