Case summaries

Law books in a law library

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38

Non-party Asbestos Victims Support Groups Forum sought access to trial documents from settled asbestos litigation against Cape. The Supreme Court confirmed courts have inherent jurisdiction, rooted in the open justice principle, to allow non-party access to court documents beyond what procedural rules expressly permit. Facts Cape Intermediate Holdings Ltd (“Cape”),...

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X v Kuoni Travel Ltd [2019] UKSC 37

A UK tourist on a Kuoni package holiday in Sri Lanka was raped and assaulted by a hotel electrician who offered to guide her to reception. The Supreme Court referred questions to the CJEU on tour operator liability under the Package Travel Directive. Facts In April 2010, Mrs X and...

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Tillman v Egon Zehnder Ltd [2019] UKSC 32

A senior executive at Egon Zehnder sought to join a competitor despite a six-month non-competition covenant. She argued the word 'interested' unreasonably barred even minor shareholdings. The Supreme Court held the clause was in unreasonable restraint of trade but severed the offending words, restoring the injunction. Facts Ms Tillman was...

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Samuels v Birmingham City Council [2019] UKSC 28

Ms Samuels, a single mother of four reliant on benefits, was evicted for rent arrears and found intentionally homeless by Birmingham City Council on the basis her accommodation was affordable. The Supreme Court allowed her appeal, holding the council misapplied the affordability assessment under the 1996 Order. Facts The appellant,...

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Burmah Oil Co Ltd v Lord Advocate [1965] AC 75

During WWII, the British Government ordered destruction of Burmah Oil's installations in Burma to prevent them falling into Japanese hands. The House of Lords held by majority that the Crown's exercise of prerogative required payment of compensation, prompting Parliament to pass the War Damage Act 1965 reversing the decision. Facts...

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Ex p Salem [1999] 1 AC 450

A Libyan asylum seeker challenged the cessation of his income support after the Home Office recorded his claim as determined. By the time of the House of Lords hearing, he had been granted refugee status, rendering the appeal academic. The House declined to hear it. Facts The appellant, a Libyan...