Case summaries

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TUI UK Ltd v Griffiths [2023] UKSC 48

Mr Griffiths contracted gastroenteritis during a package holiday in Turkey. His expert witness opined the illness was caused by hotel food. The defendant did not cross-examine the expert but criticised the report in closing submissions. The Supreme Court held this was unfair and allowed the appeal, establishing that expert evidence...

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Wolverhampton City Council & Ors v London Gypsies and Travellers & Ors [2023] UKSC 47

Local authorities sought injunctions against unidentified Gypsies and Travellers to prevent unauthorised encampments. The Supreme Court held that courts have jurisdiction to grant 'newcomer injunctions' binding persons unknown at the time of the order, subject to compelling justification and procedural safeguards including advertisement of applications and liberty to apply for...

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Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46

Two appellants challenged refusals of indefinite leave to remain based on long residence. The Supreme Court considered whether section 3C of the Immigration Act 1971 extends leave when applications are invalid for non-payment of fees, and interpreted 'disregarded' in paragraph 276B(v) of the Immigration Rules regarding overstaying periods. Facts Mr...

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AAA (Syria) & Ors, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 42

Asylum seekers challenged the UK Government's Rwanda policy, which proposed removing them to Rwanda for asylum processing. The Supreme Court held the policy unlawful, finding substantial grounds to believe asylum seekers faced real risk of refoulement due to deficiencies in Rwanda's asylum system, despite assurances given under the Migration and...

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Target Group Ltd v Revenue and Customs [2023] UKSC 35

Target Group Ltd administered loans for Shawbrook Bank, including processing payments via BACS and maintaining loan accounts. The Supreme Court held that giving payment instructions which automatically trigger transfers does not qualify for VAT exemption under article 135(1)(d) PVD, as the exemption requires actual execution of transfers, not merely instructing...

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Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32

Mozambique sued Privinvest and others alleging bribery and conspiracy relating to three supply contracts financed by sovereign guarantees. Privinvest sought a mandatory stay under section 9 of the Arbitration Act 1996, arguing disputes fell within arbitration clauses. The Supreme Court allowed the Republic's appeal, holding that the corruption claims were...

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Worcestershire County Council, R (on the application of) v Secretary of State for Health and Social Care [2023] UKSC 31

Worcestershire County Council disputed responsibility for after-care services under section 117 of the Mental Health Act 1983 for an individual detained twice. The Supreme Court held that the duty to provide after-care services ends upon subsequent detention, with responsibility transferring to the local authority where the person was ordinarily resident...

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Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41

Government departments unilaterally withdrew check-off arrangements allowing trade union subscriptions to be deducted from employees' salaries. The Union claimed third party rights under the Contracts (Rights of Third Parties) Act 1999 to enforce this contractual term. The Supreme Court held the Union could enforce the check-off term as the statutory...

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Kireeva v Bedzhamov [2024] UKSC 39

A Russian trustee in bankruptcy sought English court assistance to realise a London property owned by the bankrupt. The Supreme Court held that the immovables rule prevents English courts at common law from assisting foreign trustees to claim interests in land situated in England, as such property is governed exclusively...

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National Union of Rail, Maritime and Transport Workers and another v Tyne and Wear Passenger Transport Executive (trading as Nexus) [2024] UKSC 37

Nexus sought rectification of a collective agreement recording a productivity bonus consolidation, claiming it mistakenly increased shift allowances. The Supreme Court held that while collective agreements can be rectified despite being legally unenforceable, the proper defendants are affected employees, not unions. The claim against unions was dismissed. Facts Tyne and...