Case summaries

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R v Maughan [2022] UKSC 13

The appellant pleaded guilty to aggravated burglary and related offences but challenged the reduced sentencing discount applied because he failed to admit guilt at police interview and was caught red-handed. The Supreme Court upheld the sentencing approach, confirming that Northern Ireland's sentencing guidelines requiring early admissions and reducing discounts for...

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Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another [2022] UKSC 9

Two subsidiary companies claimed corporation tax deductions for accounting debits arising from share options granted to their employees by the parent company's employee benefit trust. HMRC contested the deductions. The Supreme Court held the debits were deductible trading expenses calculated in accordance with generally accepted accounting practice. Facts NCL Investments...

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Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8

Bott & Co, solicitors claiming flight delay compensation for clients from Ryanair, sought to establish an equitable lien over compensation payments. Ryanair began paying clients directly, bypassing the solicitors. The Supreme Court held (3-2) that solicitors have an equitable lien where they provide services making a claim asserting a legal...

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Craig v Her Majesty’s Advocate (for the Government of the United States of America) [2022] UKSC 6 (23 February 2022)

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...

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Arnold v Britton [2015] UKSC 36

Lessees of holiday chalets challenged the interpretation of service charge provisions requiring payment of £90 annually, increasing by 10% compound each year. The Supreme Court held that despite producing commercially harsh results, the natural meaning of the clause required fixed payments as stated, not a cap on proportionate costs. The...

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Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896

Investors who suffered losses from Home Income Plans claimed compensation from the Investors Compensation Scheme, which then sought to recover from building societies as assignees. The House of Lords clarified principles of contractual interpretation, holding that documents must be construed by reference to background knowledge available to parties, not merely...

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Bloomberg LP v ZXC [2022] UKSC 5

Bloomberg published an article containing information from a confidential Letter of Request regarding a criminal investigation into ZXC by a UK law enforcement body. ZXC claimed misuse of private information. The Supreme Court upheld that persons under criminal investigation have, prior to charge, a reasonable expectation of privacy in information...

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R v Cunningham [1957] 2 QB 396

The defendant stole money from a gas meter, causing gas to leak and partially asphyxiate a neighbour. The Court of Appeal quashed his conviction for maliciously administering a noxious substance, ruling that 'maliciously' requires foreseeability of harm, not merely general wickedness from an unrelated unlawful act. Facts The defendant removed...

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R v Constanza [1997] EWCA Crim 633 (6 March 1997)

The appellant engaged in stalking behaviour towards Miss Wilson, including delivering over 800 letters and making threats. The victim suffered depression and anxiety. The Court of Appeal held that words alone, including written letters, can constitute an assault if they cause the victim to apprehend immediate unlawful violence. Facts The...

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Tuberville v Savage (1669) 2 Keb 545

Tuberville grabbed his sword handle but stated he would not act because judges were in town. Savage attacked him, causing loss of an eye. The court held that conditional threats without imminent harm do not constitute assault, establishing that words can negate an apparent threat. Facts Savage made insulting comments...