A company director was alleged to have failed to declare his interest in a management agreement between his company and a firm he partnered. The Court of Appeal held that sufficient disclosure had been made at board meetings where the conflict of interest was expressly acknowledged, and the appeal was allowed.
Mr Farley employed a surveyor to investigate aircraft noise affecting a property before purchase. The surveyor negligently failed to discover the property was near an aircraft stacking area. Despite no diminution in property value, Mr Farley recovered £10,000 damages for the discomfort and loss of enjoyment caused by the noise.
Mrs Farrell paid £4,000 for fixtures and fittings to obtain a flat tenancy, but the amount exceeded their true value. The existing tenant surrendered her lease so the landlord could grant a new tenancy to Mrs Farrell. The House of Lords held that section 85 of the Rent Act 1968 prohibited any person, not just landlords, from requiring or receiving premiums in connection with the grant of protected tenancies.
Enviroco sought protection under a charterparty's indemnity provisions as an 'Affiliate' of the charterer. The issue was whether Enviroco remained a 'subsidiary' of ASCO when ASCO's shares in Enviroco were pledged to a Scottish bank and registered in the bank's nominee's name. The Supreme Court held that under the statutory definition, ASCO ceased to be a 'member' when removed from the register.
Asset Land sold plots of greenfield land to investors, representing it would seek rezoning for development and arrange sales to developers. The Supreme Court held these arrangements constituted a collective investment scheme under section 235 of the Financial Services and Markets Act 2000, as investors lacked day-to-day control and the property was managed as a whole by the operator.
Residents of Neo Bankside flats with glass walls claimed nuisance against the Tate Gallery whose viewing gallery allowed hundreds of thousands of visitors annually to look directly into their living areas. The Supreme Court held that visual intrusion can constitute actionable private nuisance and that the Tate was liable, remitting the case for determination of remedy.
Paul Felthouse attempted to buy his nephew's horse, stating 'If I hear no more about him, I consider the horse mine.' The nephew did not reply but instructed an auctioneer to exclude the horse from sale. The auctioneer sold it anyway. The court held silence cannot constitute acceptance of an offer.
Topshop sold t-shirts bearing a photograph of Rihanna, licensed from the photographer but not from her. The Court of Appeal upheld Birss J's finding of passing off: in the particular circumstances the image implied her endorsement, damaging her goodwill. Appeal dismissed.
Mr Ferguson was paralysed during demolition work carried out by unsafe sub-contractors on council-owned premises. He sued the council as occupiers under the Occupiers' Liability Act 1957. The House of Lords held the council not liable as they had no knowledge of the dangerous working practices being employed.
Cedar Capital, acting as agent for FHR in purchasing a Monaco hotel, secretly received a €10m commission from the vendor. The Supreme Court held that bribes and secret commissions received by an agent are held on constructive trust for the principal, giving proprietary remedies.
A Polish company paid £1,000 in advance for textile machinery to be delivered to Gdynia. The contract was frustrated when Germany invaded Poland, making delivery impossible. The House of Lords overruled Chandler v Webster, holding that money paid for a consideration which has wholly failed is recoverable even where a contract is frustrated rather than void ab initio.
A Maltese bank claimed against a carrier for misdelivery of coal cargo discharged without presentation of bills of lading. The Supreme Court held that the one-year time bar in article III, rule 6 of both the Hague Rules and Hague Visby Rules applies to misdelivery claims occurring after discharge from the vessel.
Mr Macris, JP Morgan's former International Chief Investment Officer, challenged the FCA for publishing notices penalising the bank that referred to 'CIO London management' without giving him a chance to respond. The Supreme Court held he was not 'identified' under section 393.
Mr Stimson signed a hire purchase offer for a car but returned it dissatisfied before the finance company accepted. The car was subsequently stolen and damaged. The Court of Appeal held no contract existed as the offer was revoked through the dealer (as agent) and was conditional on the car remaining in substantially the same condition until acceptance.
Patrick Finucane, a Belfast solicitor, was murdered in 1989 by loyalist paramilitaries with state collusion. His widow challenged the government's refusal to hold a promised public inquiry. The Supreme Court declared no Article 2 compliant investigation had occurred but refused to order a public inquiry.
A company director prepared and submitted competitive bids for contracts through a rival company whilst still a director. The Court of Appeal held that his breaches of fiduciary duty were fraudulent within s.21(1)(a) Limitation Act 1980, meaning no limitation period applied. Directors are Class 1 fiduciaries and trustees for limitation purposes.
Landlords misrepresented asbestos contamination in warehouse bays let to CDS, failing to disclose reports in replies to pre-contract enquiries. The Court of Appeal held non-reliance clauses fell within section 3 Misrepresentation Act 1967, were unreasonable, and upheld £1.4m damages.
Mr Paulley, a wheelchair user, was prevented from boarding a FirstGroup bus because a woman with a sleeping child in a pushchair refused to vacate the wheelchair space. The Supreme Court held FirstGroup's 'first come, first served' policy with mere requests breached the duty to make reasonable adjustments under the Equality Act 2010, but declined to award damages.
A shopkeeper displayed a flick knife in his window with a price ticket. The Divisional Court held that the display was merely an invitation to treat, not an “offer for sale” under the statute, so no offence had been committed.
Mr Fitzpatrick, who had lived in a long-term homosexual relationship with the deceased tenant Mr Thompson for 18 years and cared for him devotedly until his death, sought to succeed to the tenancy. The House of Lords held he could not be treated as a 'spouse' but was a 'member of the family' entitled to an assured tenancy.
Mrs Flack was thrown from a horse owned by Mrs Hudson and died from her injuries. The horse had a known propensity to bolt near agricultural machinery. The Court of Appeal upheld liability under the Animals Act 1971, confirming that a bailee (person in possession) can sue the owner for strict liability despite both being 'keepers' under the Act.
FMX imported garlic falsely declared as Cambodian origin, avoiding customs duty. HMRC communicated a post-clearance customs debt demand after the normal three-year limit but within reasonable time, as the imports involved acts liable to give rise to criminal proceedings. The Supreme Court held that where article 221(4) applies, the three-year limit is disapplied and communication must be made within reasonable time.
Dr Foakes owed Mrs Beer £2090 19s under a judgment. They agreed he would pay in instalments without Mrs Beer taking proceedings. After full payment of principal, Mrs Beer claimed interest. The House of Lords held that payment of a lesser sum cannot satisfy a greater debt without fresh consideration.
Folgate agreed to indemnify Milbank under a settlement agreement containing a clause releasing Folgate from payment if Milbank became insolvent before payment was due. When Milbank entered administration, Chaucer (as assignee) challenged the clause. The Court of Appeal held clause 11 void as infringing the anti-deprivation principle.
For Women Scotland challenged Scottish Government guidance on the Gender Representation on Public Boards Act 2018. The Supreme Court held that 'sex' in the Equality Act 2010 means biological sex only, not certificated sex obtained through a Gender Recognition Certificate. Trans women with GRCs are therefore not 'women' for EA 2010 purposes.