Case summaries

Lady justice with law books

Baxter v Doble [2023] EWHC 486

Mr Baxter sought to commit Mrs Doble and her company for contempt, alleging they unlawfully conducted litigation for his landlord in possession proceedings without being authorised under the Legal Services Act 2007. The court found conduct of litigation occurred but the statutory defence applied. Facts The Applicant, Mr Baxter, was...

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Hollins v Russell [2003] EWCA Civ 718

Six conjoined appeals concerning the enforceability of Conditional Fee Agreements under the 2000 Regulations. The Court of Appeal held that only material breaches rendering CFAs unenforceable, rejected technical challenges by defendant insurers, and established procedures for CFA disclosure in costs assessments. Facts These six conjoined appeals concerned the new Conditional...

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First Tower Trustees Ltd v CDS (Superstores International) Ltd [2018] EWCA Civ 1396

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. Facts First Tower Trustees Ltd and Intertrust Trustees Ltd, as trustees...

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Springwell Navigation Corp v JP Morgan Chase Bank [2010] EWCA Civ 1221

Springwell, a Polemis family investment vehicle, lost heavily on Russian GKO-Linked Notes purchased from Chase after Russia's 1998 default. It sued Chase for misrepresentation and breach of duty. The Court of Appeal dismissed the appeal, confirming contractual estoppel through non-reliance clauses is enforceable. Facts Springwell Navigation Corporation, the treasury company...

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Yaxley v Gotts [2000] Ch 162

Mr Yaxley carried out building works on a property based on an oral agreement that he would receive the ground floor. The Court of Appeal held that section 2 of the 1989 Act did not prevent relief through proprietary estoppel or constructive trust. Facts Mr Keith Yaxley, a self-employed builder,...

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Thorner v Major [2009] UKHL 18

David Thorner worked unpaid for nearly 30 years on his cousin Peter's Somerset farm, relying on oblique assurances that he would inherit it. Peter died intestate. The House of Lords upheld David's proprietary estoppel claim, restoring the trial judge's order granting him the farm. Facts The appellant, David Thorner, a...

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Jennings v Rice [2002] EWCA Civ 159

Mr Jennings cared for elderly Mrs Royle unpaid for years, relying on her assurances that 'this will all be yours one day'. She died intestate. The Court of Appeal upheld an award of £200,000 under proprietary estoppel, confirming relief must be proportionate to detriment, not automatically match expectation. Facts Mrs...

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Gillett v Holt & Anor [2000] EWCA Civ 66

Mr Gillett worked devotedly for Mr Holt for nearly 40 years, relying on repeated assurances he would inherit the farming business. After a falling out, Mr Holt changed his will in favour of Mr Wood. The Court of Appeal upheld Mr Gillett's proprietary estoppel claim. Facts Mr Geoffrey Gillett first...

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Dillwyn v Llewelyn (1862) 4 De G F & J 517

A father gave his son land to build a house on, signing a memorandum. The son spent £14,000 building a residence with the father's approval. The Lord Chancellor held the son was entitled to the fee simple, not merely a life estate, establishing proprietary estoppel principles. Facts The testator, Llewelyn...

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ABC v Principal Reporter & Anor (Scotland) [2020] UKSC 26

Two siblings challenged Scotland's children's hearings system, arguing article 8 ECHR required them to be granted 'relevant person' status in proceedings concerning their brothers/sisters subject to compulsory supervision orders. The Supreme Court dismissed the appeals but recognised a procedural gap requiring sensible operation to respect siblings' family life. Facts The...

Lady justice with law books

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25

Bresco, a company in liquidation, referred a construction dispute to adjudication against Lonsdale, which had cross-claims. The Supreme Court held that adjudication was compatible with insolvency set-off, confirming jurisdiction existed and refusing to restrain the adjudication by injunction as futile. Facts Bresco Electrical Services Ltd (“Bresco”) and Michael J Lonsdale...

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Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC & Ors [2020] UKSC 24

Retailers sued Visa and Mastercard, claiming multilateral interchange fees (MIFs) charged on card transactions restricted competition unlawfully. The Supreme Court held the MIFs breached Article 101(1) TFEU, were not exempt under Article 101(3), and clarified the approach to pass-on damages. Facts Visa and Mastercard operate open four-party payment card schemes...

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Serafin v Malkiewicz & Ors [2020] UKSC 23

Mr Serafin sued a Polish-language newspaper for libel over an article alleging dishonesty and misconduct. The Supreme Court held the trial judge's hostile conduct rendered the trial unfair, ordered a full retrial, and clarified the public interest defence under section 4 of the Defamation Act 2013. Facts The claimant, Mr...

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Fowler v Revenue and Customs [2020] UKSC 22

Mr Fowler, a South African-resident diver, worked in UK waters. The Supreme Court held that section 15 ITTOIA's deeming provision, treating employed divers as self-employed traders, did not alter the meaning of 'employment' under the UK-South Africa Double Taxation Treaty, making his income UK-taxable. Facts Mr Martin Fowler is a...

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Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21

Supermarkets and shops hosted ATMs operated by associated banking companies. The Supreme Court held that the ATM sites were not separately rateable hereditaments from the host stores, as the retailers remained in paramount occupation, dismissing the Valuation Officers' appeals. Facts The appeals concerned the rating treatment of automated teller machines...

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Adams, R v (Northern Ireland) [2020] UKSC 19

Gerry Adams was detained in 1973 under an Interim Custody Order signed by a Minister of State, not the Secretary of State personally. The Supreme Court held the ICO was invalid, quashing his convictions for attempting to escape from lawful custody. Facts From 1922, legislation authorised detention without trial in...