A subtenant tripped on an uneven paving stone on a path between the block of flats and the car park, suing his immediate landlord (a headlessee of one flat) under section 11 of the Landlord and Tenant Act 1985. The Supreme Court held the landlord was not liable.
The court held that an employer’s promise to make an “ex gratia” redundancy payment was legally binding. Commercial agreements are presumed to have legal intent, and the term “ex gratia” did not negate that presumption.
A company issued bonus shares on the mistaken assumption that all existing shares were paid up and without proper shareholder authorisation. The Court of Appeal held the bonus issue void for common mistake, finding that section 35A of the Companies Act 1985 did not apply as shareholders receiving bonus shares are not 'persons dealing with the company'.
The Bank sought to enforce Abu Dhabi judgments against Mr El-Husseini by claiming under section 423 of the Insolvency Act 1986 that he arranged for a company he owned to transfer valuable London property to his son for no consideration. The Supreme Court held that section 423 does not require the debtor to transfer his own property; arrangements depleting assets through company transfers can fall within the provision.
Mr El-Khouri, a UK/Lebanese national, faced US extradition for alleged insider dealing. The Supreme Court ruled the conduct occurred outside the US, requiring the stricter double criminality test under section 137(4) of the Extradition Act 2003, which was not satisfied. His extradition was refused.
The appellant challenged the Home Secretary's decision to provide mutual legal assistance to the United States without obtaining death penalty assurances regarding her son, suspected of terrorism offences in Syria. The Supreme Court unanimously held the decision unlawful under the Data Protection Act 2018, as the Secretary of State failed to address statutory requirements when transferring personal data.
Eli Lilly's patent covered pemetrexed disodium with vitamin B12 for cancer treatment. Actavis sought to market products using other pemetrexed salts and the free acid. The Supreme Court held these directly infringed under a reformulated doctrine of equivalents, marking a significant shift in UK patent law.
A 14-year-old girl of low intelligence set fire to a shed without appreciating the serious risk of damage. The magistrates declined to convict her of reckless criminal damage, but the Divisional Court held that it was bound by the House of Lords’ decisions on recklessness to find that the risk was obvious and that she was therefore reckless. The House of Lords refused leave to appeal.
Emotional Perception AI sought to patent a system using an artificial neural network to recommend media files based on emotional similarity. The Supreme Court held that while ANNs are 'programs for computers', the invention was not excluded from patentability as it involved hardware. The Court rejected the Aerotel approach, adopting EPO methodology.
A Russian power plant was damaged by fire. The Russian insurer, subrogated to the owner's rights, sued Turkish contractor Enka in Russia despite an arbitration clause specifying London as the seat. The Supreme Court held English law governed the arbitration agreement and upheld an anti-suit injunction restraining the Russian proceedings.
John Entick, suspected of authoring seditious papers, had his home searched and papers seized by King's messengers acting under a general warrant issued by the Secretary of State. The Court held such warrants illegal, establishing that executive power cannot authorise entry to private property without specific legal authority.
Entores made an offer via Telex from London, which was accepted by Telex from Amsterdam. The Court of Appeal held that for instantaneous communications like Telex or telephone, a contract is complete when acceptance is received by the offeror, not when sent. The contract was therefore made in London where acceptance was received.
Empress Car Company stored diesel in a tank with unsafe withdrawal arrangements so that an unknown person could open an unlocked tap, causing diesel to enter a nearby river. The House of Lords held the company had "caused" the pollution under strict liability, clarifying causation where third-party acts intervene.
The Equitable Life Assurance Society adopted a differential bonus policy for policyholders with guaranteed annuity rates (GARs), reducing final bonuses for those exercising their GAR rights. The House of Lords held this practice breached an implied term that directors could not exercise discretion to undermine contractual guarantees.
A father bought a house for his son and daughter-in-law, paying a deposit and arranging a building society mortgage. He promised the house would be theirs when the mortgage was paid off. After his death, his widow sought possession. The Court of Appeal held the couple were contractual licensees who could not be evicted while continuing mortgage payments.
Dr Eskander emailed her appeal against a GMC suspension to the Administrative Court on the final day of the 28-day period but paid no fee. The Court of Appeal held, applying Siniakovich, that her appeal was brought in time despite non-payment.
Esso ran a promotion giving 'free' World Cup coins to motorists buying four gallons of petrol. The issue was whether these coins were 'produced for sale' and thus subject to purchase tax. The House of Lords held the coins were gifts, not sales, as there was no intention to create legal relations regarding the coins.
The Supreme Court considered two conjoined appeals concerning indirect discrimination under section 19 of the Equality Act 2010. It held that claimants need not prove why a provision, criterion or practice disadvantages a protected group, only that it does. Essop's appeal was allowed; Naeem's was dismissed.
Mr Evans sought opt-out collective proceedings for damages arising from FX trading infringements found by European Commission decisions. The Supreme Court allowed the appeal, reinstating the Tribunal's refusal to certify opt-out proceedings, holding that claim weakness and practicability of opt-in proceedings were properly weighed against opt-out certification.
A collision occurred between two vessels near the entrance to Jebel Ali port. The Supreme Court considered whether crossing rules under the Collision Regulations apply when one vessel exits a narrow channel while another waits to enter. The Court held the crossing rules were not displaced merely because the approaching vessel intended to enter the channel.
Four British Christians claimed workplace discrimination for manifesting their faith. Eweida was barred from wearing a visible cross at British Airways; Chaplin from wearing one as a nurse; Ladele refused to register civil partnerships; McFarlane refused to counsel same-sex couples. The Court found violation only for Eweida, holding her employer gave insufficient weight to her religious freedom.
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.
F, a 36-year-old woman with severe mental disability, was a voluntary hospital patient who formed a sexual relationship with a male patient. Due to her inability to consent to or cope with pregnancy, the court was asked whether sterilisation could lawfully be performed without her consent. The House of Lords held that treatment in the best interests of an incapacitated adult is lawful under the principle of necessity.
Fagan accidentally drove onto a police officer's foot but refused to move when asked. The Divisional Court held this was an assault, treating the act as continuing, so that mens rea formed after the initial act could be superimposed onto the actus reus.
Workers developed mesothelioma after being exposed to asbestos dust by multiple employers in breach of their duties. The House of Lords held that where science cannot determine which employer's breach caused the disease, proof that each materially increased the risk of contracting the disease is sufficient to establish causation.