Case summaries

Lady justice with law books

AB v Her Majesty’s Advocate [2017] UKSC 25

The Supreme Court held that section 39(2)(a)(i) of the Sexual Offences (Scotland) Act 2009, which removed the reasonable belief as to age defence from anyone previously charged by police with a relevant sexual offence, was incompatible with article 8 ECHR where the prior charge gave no warning about consensual sexual...

Law books on a desk

Plevin v Paragon Personal Finance Ltd [2017] UKSC 23

Following Mrs Plevin's successful PPI mis-selling claim, the Supreme Court considered whether her solicitors' success fee and ATE insurance premium remained recoverable after LASPO 2012, where the CFA and policy had been varied to cover appeals post-commencement. The court held they were recoverable. Facts Mrs Plevin had successfully appealed to...

Law books in a law library

N v ACCG & Ors [2017] UKSC 22

MN, a profoundly disabled young man, was cared for in a residential home funded by the CCG. His parents sought home visits and the mother's involvement in intimate care, which the CCG and care providers refused. The Supreme Court held the Court of Protection could not compel funders or providers...

Lady justice with law books

AIG Europe Ltd v Woodman & Ors [2017] UKSC 18

Investors in failed Turkish and Moroccan property developments sued solicitors for releasing escrow funds without adequate security. The Supreme Court interpreted the aggregation clause in solicitors' professional indemnity insurance, holding claims by each development's investors could be aggregated, but not across both developments. Facts Two now-defunct firms of solicitors devised...

Lady justice with law books

Re EV (A Child) (Scotland) [2017] UKSC 15

The Supreme Court allowed appeals by parents with learning difficulties against a permanence order granting authority to adopt their daughter. The Lord Ordinary had failed to apply the statutory threshold test in section 84(5)(c)(ii) of the 2007 Act, instead assessing whether the local authority's concerns were justified. Facts The case...

Law books on a desk

AMT Futures Ltd v Marzillier & Ors [2017] UKSC 13

AMTF, a London broker, sued German lawyers MMGR in England for inducing former clients to breach exclusive English jurisdiction clauses by suing AMTF in Germany. The Supreme Court held English courts lacked jurisdiction under article 5.3, as the harm occurred in Germany. Facts AMT Futures Ltd (AMTF), a London-based execution-only...

Lady justice with law books

R (on the applications of Agyarko and Ikuga) v Secretary of State for the Home Department [2017] UKSC 11

Two foreign nationals who overstayed their visas and formed relationships with British citizens were refused leave to remain. The Supreme Court dismissed their appeals, upholding the 'insurmountable obstacles' and 'exceptional circumstances' tests in the Immigration Rules as compatible with Article 8 ECHR. Facts The appeals concerned two foreign nationals residing...

Lady justice next to law books

Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67

Professional gambler Phil Ivey won £7.7m at Punto Banco Baccarat using edge-sorting, persuading the croupier to rotate cards unwittingly. The Supreme Court held this constituted cheating, refused payment, and famously reformulated the test for dishonesty by abolishing the second limb of Ghosh. Facts Mr Ivey, a high-stakes professional gambler, together...

Lady justice next to law books

R v Jogee [2016] UKSC 8

The Supreme Court and Privy Council jointly reviewed the doctrine of parasitic accessory liability established in Chan Wing-Siu, holding that the courts had taken a wrong turn 30 years earlier. Foresight of a secondary offence is evidence of intent, not a substitute for it. Facts Two conjoined appeals were heard...

Lady justice with law books

R (UNISON) v Lord Chancellor [2017] UKSC 51

UNISON challenged the lawfulness of fees imposed for Employment Tribunal and Employment Appeal Tribunal claims under the Fees Order 2013. The Supreme Court unanimously held the Fees Order unlawful, finding it unjustifiably restricted access to justice under common law and EU law. Facts The Employment Tribunals and Employment Appeal Tribunal...

Law books on a desk

Austin v Southwark LBC [2010] UKSC 28

Mr Austin sought to represent his deceased brother's estate to apply to revive a secure tenancy that had ended when his brother breached a suspended possession order. The Supreme Court held the statutory right to apply under section 85(2) survives death, allowing the appeal. Facts The deceased, Alan Austin, was...