Lifestyle Equities, owner of UK and EU trade marks for BEVERLY HILLS POLO CLUB, sued Amazon for trade mark infringement through marketing and selling goods bearing identical marks on Amazon's USA website to UK consumers. The Supreme Court held Amazon had targeted UK consumers, constituting infringement. Facts The respondents, Lifestyle...
RM, a restricted patient detained under the Mental Health (Northern Ireland) Order 1986, sought discharge from hospital. The Supreme Court addressed whether leave of absence under article 15 is inconsistent with continued detention for treatment. The Court held that article 15 leave can form part of treatment while a patient...
Ms Armstead hired a car which was damaged in an accident caused by another driver. The hire agreement required her to pay the hire company for its loss of use during repairs. The Supreme Court held she could recover this sum from the negligent driver's insurer, clarifying that such contractual...
Jersey Choice Ltd, a Jersey-based horticultural mail order company, claimed Francovich damages against HM Treasury for allegedly breaching EU law by removing Low Value Consignment Relief from Channel Islands imports only. The Supreme Court dismissed the appeal, holding the measure was a fiscal matter, not customs, and Jersey was a...
Stephen Hilland, a prisoner serving a determinate custodial sentence, challenged the Department of Justice's practice of applying different recall tests based on sentence type. DCS prisoners could be recalled for posing a risk of 'harm', while ICS and ECS prisoners required a risk of 'serious harm'. The Supreme Court held...
A vessel was seized by Somali pirates in the Gulf of Aden. The shipowner paid ransom and claimed general average contribution from cargo interests. The cargo interests argued charter terms created an insurance code precluding such claims. The Supreme Court held no insurance code existed and cargo interests must contribute...
Claimants sought damages for psychiatric illness caused by witnessing deaths of close family members due to allegedly negligent medical treatment. The Supreme Court held that doctors do not owe a duty of care to patients' relatives to protect them from psychiatric harm caused by witnessing death from an untreated condition....
Prudential and Silverfleet were in the same VAT group when Silverfleet provided fund management services. Success fees became payable years after Silverfleet left the group. The Supreme Court held VAT was payable on the success fees because, under regulation 90, the chargeable event occurred when fees were invoiced after Silverfleet...
A Slovakian national resident in the UK sought the child element of Universal Credit for her son living in Slovakia. She argued EU coordination rules on family benefits should apply. The Supreme Court held the child element is not a separate family benefit but part of the composite UC benefit,...
Joint liquidators sued Sheikh Al Jaber for equitable compensation after he dishonestly transferred 891,761 shares owned by a company in liquidation to another entity he controlled. The Supreme Court held that by purporting to exercise directorial powers after liquidation, the Sheikh assumed fiduciary duties and breached them, restoring the trial...
An NHS Foundation Trust sought VAT exemption for car parking services at its hospitals, arguing it acted as a public authority under a special legal regime. The Supreme Court held that external guidance combined with a general public law duty to follow it does not constitute a special legal regime...
Hotel La Tour Ltd sought to recover VAT on professional fees incurred for selling shares in its subsidiary to fund a new hotel development. The key issue was whether input VAT on costs related to an exempt share sale could be deducted when the proceeds funded taxable economic activities. Facts...
A child suffered severe brain injury at birth due to clinical negligence, reducing her life expectancy to 29 years. The Supreme Court overruled Croke v Wiseman, holding that young children can recover 'lost years' damages for pecuniary losses during the years of life lost due to injury, subject to normal...
Stone & Rolls Ltd, controlled solely by fraudster Mr Stojevic, sued its auditors Moore Stephens for negligently failing to detect fraud perpetrated through the company against banks. The House of Lords held that the ex turpi causa defence barred the claim as the company was a one-man company where the...
Andrew Tinkler, a founder and executive director of Stobart Group Ltd, was dismissed from employment and removed from the board following allegations of breaching fiduciary duties by briefing shareholders against the board and destabilising the company. The court upheld his dismissal, finding serious breaches of duty, but rejected the company's...
Standard Chartered Bank paid under a letter of credit relying on falsely dated bills of lading presented by Mr Mehra, Oakprime's managing director. The House of Lords held that contributory negligence is no defence to deceit, and a director who personally commits fraud is personally liable regardless of acting in...
Spectrum granted a debenture to National Westminster Bank purporting to create a fixed charge over book debts. The House of Lords held that despite the label, the charge was a floating charge because Spectrum remained free to collect debts and draw on its bank account without restriction. This overruled Siebe...
Smithton Ltd (formerly Hobart) sought damages from Mr Naggar, claiming he was a de facto or shadow director and that arrangements for contracts for differences breached section 190 of the Companies Act 2006. The Court of Appeal dismissed the appeal, finding Mr Naggar acted in his capacity as DDI director,...
Mr Smith sought to pursue claims against solicitors on behalf of a company (SPDL) after purportedly assigning the company's causes of action to himself at an inquorate board meeting he alone attended. The Court of Appeal considered whether section 35A of the Companies Act 1985 could validate such a transaction...
The High Court considered whether the AI model Stable Diffusion infringed Getty Images’ intellectual property rights through the generation of images containing Getty-style watermarks and through its distribution in the UK. The court found limited trade mark infringement (in relation to certain iStock-style watermarks) but rejected most of Getty’s remaining...
Mr Daly was convicted of child sexual offences including rape. He appealed arguing his trial was unfair because he could not cross-examine the complainer about an uncharged allegation he claimed was false, which would have challenged her credibility under Article 6 ECHR. Facts On 13 December 2022, Mr Daly was...
Mr Butler, managing director owning 31.2% of shares, suspended Mr Smith, chairman owning 68.8%, without board authority over alleged expense fraud. The Court of Appeal held a managing director lacks implied authority to suspend the chairman, affirming the judge's order for a meeting with quorum of one to remove Mr...
Joint administrators sought a declaration that their appointment was valid despite the notice being filed via the Electronic Working Pilot Scheme rather than the prescribed Insolvency Rules procedure. The court held the defect was purely formal, causing no substantial injustice, and declared the appointment valid from 5:03pm on 10 September...
A charity sought a court order to refuse a member's request for access to its register of members under section 116 of the Companies Act 2006. The member's request omitted required information about disclosure to third parties. The court held the request was invalid and, alternatively, that one stated purpose...
Singularis, through its liquidators, sued Daiwa for breach of the Quincecare duty after its sole shareholder fraudulently directed payments totalling US$204m from the company's account. The Supreme Court held that the fraudster's conduct could not be attributed to the company to defeat the claim, upholding the bank's liability for negligence....