The appellant agreed to lease a salmon fishery from respondents, believing they owned it. In fact, the fishery belonged to the appellant himself under earlier settlements. The House of Lords held the agreement should be set aside for common mistake, but subject to the appellant compensating the respondents for improvements made to the fishery.
Children born with upper limb deformities alleged their mothers were exposed to toxic materials during Corby Borough Council's land reclamation programme. The Council sought to strike out the public nuisance claim, arguing damages for personal injury cannot be recovered in public nuisance. The Court of Appeal held this was an arguable claim and dismissed the strike-out application.
Three appeals concerning the Electronic Communications Code and whether operators with existing apparatus on sites could apply for new code rights. The Supreme Court held that an operator with apparatus installed is not automatically the 'occupier' for purposes of paragraph 9, allowing applications for additional code rights under Part 4.
Cornwall Gardens, a property developer, claimed malicious falsehood and wrongful interference with rights against Garrard & Co and Christie & Co for letters asserting a right of way over their hotel car park to obstruct planning consent. The Court of Appeal held both claims were time-barred under the one-year limitation period for malicious falsehood.
Mr Corr suffered severe physical and psychological injuries in a workplace accident caused by his employer's negligence. He developed severe depression and committed suicide six years later. The House of Lords held that his suicide was a foreseeable consequence of his depression and the employer remained liable under the Fatal Accidents Act 1976.
A seven-year-old boy at an independent boarding school received three 'whacks' with a rubber-soled gym shoe as corporal punishment. His mother complained this violated his Convention rights. The Court held there was no violation of Articles 3, 8 or 13, finding the punishment did not reach the minimum severity threshold.
Civil servants at GCHQ were banned from joining national trade unions without prior consultation, citing national security. The unions claimed legitimate expectation of consultation. The House of Lords held that while prerogative powers are subject to judicial review, national security concerns justified the government's failure to consult.
Surrey County Council and Mole Valley District Council sold land to Bredero Homes subject to covenants requiring development in accordance with planning permission for 72 houses. Bredero obtained new permission and built 77 houses, making additional profit. The councils sought damages for breach of covenant but, having suffered no financial loss, were awarded only nominal damages.
Merchants sold a cargo of corn through agents, but unknown to both parties, the cargo had already been sold at Tunis due to heating damage before the sale contract was made. The House of Lords held the contract void as there was no existing subject matter at the time of sale.
Homeowners near a motor sports stadium and motocross track in Suffolk sued for nuisance by noise. The Supreme Court allowed their appeal, restoring the trial judge's injunction, and clarified key principles on prescription, planning permission, locality and remedies in private nuisance.
Homeowners successfully sued for noise nuisance from a nearby speedway, funded by a CFA and ATE insurance. The defendants challenged liability for success fees and ATE premiums under the 1999 Act as incompatible with Convention rights. The Supreme Court upheld the scheme's compatibility.
Following a successful nuisance claim regarding noise from a motorsport stadium and track, consequential issues arose concerning suspension of the injunction, landlord liability for tenant's nuisance, and whether costs orders including success fees and ATE premiums infringed Convention rights. The Court addressed landlord participation in nuisance and flagged serious concerns about litigation costs.
Mrs Cowan, widow of a wealthy deceased, sought permission to bring an Inheritance Act 1975 claim out of time after negotiations with trustees failed. The Court of Appeal overturned the refusal, granting permission and clarifying the proper approach to section 4 extensions.
Major Cox was killed by a negligent driver in Germany. His widow sued the German insurer in England, seeking to apply the Fatal Accidents Act 1976. The Supreme Court held German law governed damages, and the Act's provisions did not apply.
Mrs Cox, a prison catering manager, was injured when a prisoner negligently dropped a sack of rice on her back whilst working in the kitchen. The Supreme Court held the Ministry of Justice vicariously liable for the prisoner's negligence, extending vicarious liability principles to relationships beyond traditional employment where individuals are integrated into an organisation's operations.
CPRE Kent challenged costs orders made against it after its statutory planning review was refused permission. The Supreme Court upheld the Court of Appeal's practice that multiple defendants and interested parties may each recover reasonable costs for preparing acknowledgements of service, qualifying the Bolton principle for permission stage proceedings.
Mr Craig faced extradition to the US for alleged share fraud. The UK Government unlawfully failed to commence forum bar provisions in Scotland, depriving him of a statutory defence. The Supreme Court held that extradition proceedings conducted during this unlawful period were incompatible with his Article 8 rights and therefore ultra vires.
Mr Erskine received a negligent misrepresentation about grouse numbers on a moor before forming Cramaso LLP, which then signed the lease. The Supreme Court held the misrepresentation was continuing, so the LLP could recover damages despite not existing when the statement was made.
A state secondary school brought a passing off action against a nearby private educational establishment using the similar name 'Cranford College'. The court dismissed the claim, finding that the descriptive name had not acquired sufficient secondary meaning to establish goodwill, and no actionable misrepresentation had occurred.
Loss adjusters sued an insurance company for malicious prosecution after fraud allegations were dropped just before trial. The Privy Council held 3-2 that the tort of malicious prosecution extends to civil proceedings, overturning previous limitations. This landmark decision restored historic common law principles allowing recovery for maliciously prosecuted civil claims.
A barrister sued his former wife, a solicitor, for false imprisonment and harassment after she complained to police that he breached court orders, leading to his arrest. The Court of Appeal held that witness immunity protected her police statements from suit, and that two text messages she sent could not constitute harassment.
A junior employee was persuaded by her employer to mortgage her flat as unlimited security for the company's overdraft of up to £270,000. The Court of Appeal set aside the mortgage, finding the bank had constructive notice of the employer's undue influence over the employee and the transaction was manifestly disadvantageous.
Criterion sought to invalidate a 'poison pill' agreement (SSA) signed by directors without proper authority. The House of Lords held the case turned on whether directors had actual or apparent authority to bind the company, not on 'knowing receipt' or unconscionability principles. The appeal was dismissed, requiring trial on authority issues.
Hunt saboteur Cross attacked farmer Kirkby with a baseball bat while trespassing. Kirkby wrestled the bat away and struck Cross once, causing serious head injury. The Court of Appeal held Kirkby acted in lawful self-defence and alternatively that Cross's claim was barred by ex turpi causa as his injuries arose from his own criminal conduct.
Directors of VTL made £4.55m secret profit through fraudulent tax avoidance schemes, breaching their fiduciary duties. VTL's successor, Aquila, claimed proprietary rights to these funds under a constructive trust. The Supreme Court held that the directors' fraud could not be attributed to VTL, preserving Aquila's proprietary claim in priority to CPS confiscation orders.