Ndole Assets' claim form was served by CSD Legal, an unauthorised claims consultancy. The Court of Appeal held service constituted a reserved legal activity under the Legal Services Act 2007, but this irregularity did not render service a nullity, so the claim stood. Facts Sheldon Construction engaged the defendant, Designer...
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...
Tennis star Andre Agassi, having won his tax appeal, sought to recover costs paid to Tenon Media, tax specialists who instructed counsel directly under the Bar's Licensed Access Scheme. The Court of Appeal held he was a litigant in person and most of Tenon's fees were irrecoverable as disbursements. Facts...
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...
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...
Reprotech bought a waste treatment site and claimed a council committee resolution varying a planning condition amounted to a binding determination that generating electricity needed no fresh planning permission. The House of Lords disagreed, allowing the council's appeal and rejecting estoppel arguments in planning law. Facts In 1989 East Sussex...
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...
Peekay invested US$250,000 in a Russian GKO-linked structured deposit through ANZ after a bank employee gave a misleading description. The Court of Appeal held Peekay was not induced by that misrepresentation, as the final terms and signed risk disclosure statement clearly described the actual product. Facts Peekay Intermark Ltd, an...
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,...
The Indian Government obtained a small judgment in Cochin for short delivery of munitions, then pursued a larger cargo damage claim via an Admiralty action in rem in England. The House of Lords held section 34 of the Civil Jurisdiction and Judgments Act 1982 barred the English action, rejecting the...
Marks & Spencer abruptly terminated a 30-year supply relationship with Baird Textiles without notice. Baird claimed an implied contract and estoppel required reasonable notice. The Court of Appeal held neither claim had real prospects of success, affirming contractual certainty requirements and that estoppel cannot create a cause of action outside...
Mr Collier, jointly liable with two partners on a judgment debt, claimed a creditor had agreed to accept only his one-third share. The Court of Appeal held no binding contract existed but set aside the statutory demand, finding a triable promissory estoppel issue. Facts Mr Collier was in partnership with...
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...
A property developer obtained planning permission for a site under an oral 'agreement in principle' with the owner, who then reneged and demanded better terms. The House of Lords held proprietary estoppel and constructive trust were unavailable, awarding only a quantum meruit for services rendered. Facts Mr Cobbe, an experienced...
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...
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...
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...
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...
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...
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...
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...
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...
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...
Mr Dill sold a pair of 18th century lead urns on limestone piers from his garden, unaware they were listed. The Supreme Court held he could challenge whether they were 'buildings' at all in enforcement proceedings, and that the Skerritts tests apply. Facts The case concerned a pair of early...
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...