The Government of Zanzibar purchased an executive jet aircraft from British Aerospace, alleging misrepresentations about its airworthiness and reliability. The court dismissed the main action for delay and abuse of process, holding that issuing writs at limitation's end without readiness to proceed was impermissible. The judgment clarified that damages under section 2(2) Misrepresentation Act require an extant right to rescission.
Mr Grace, a 25% shareholder in Telpro UK, petitioned under s.459 Companies Act 1985 after being denied his declared dividend and removed as director. The Court of Appeal held the non-payment was unfairly prejudicial and ordered the respondents to purchase his shares, reversing the trial judge's limited remedy.
Mr Graham, a shareholder in Below Zero London Ltd (an ice bar company), petitioned for relief from unfair prejudice under section 994 of the Companies Act 2006 after being excluded from management. The Court of Appeal allowed his appeal regarding struck-out allegations about shareholder understandings and non-compliant share purchases, holding these were arguable claims of unfairly prejudicial conduct.
Mr Nicholson claimed he was dismissed by Grainger plc partly due to his philosophical belief in man-made climate change. The EAT held such a belief, if genuinely held, was capable of qualifying as a philosophical belief under the 2003 Religion or Belief Regulations.
Dr Grant contracted severe dermatitis from wearing woollen underpants containing excess free sulphites due to negligent manufacture. The Privy Council held both the retailer liable for breach of implied warranty under the Sale of Goods Act and the manufacturer liable in tort, extending the Donoghue v Stevenson principle to external products.
Mr Gray suffered PTSD from the Ladbroke Grove rail crash caused by the defendants' negligence. Under the effects of this condition, he killed a pedestrian and was convicted of manslaughter with diminished responsibility. He claimed damages for loss of earnings during detention. The House of Lords held public policy precluded recovery for consequences of his own criminal act.
Buyers cancelled a ship sale contract under clause 14 of the Norwegian Saleform 2012 after sellers' negligent failure to deliver on time. The Supreme Court held buyers could recover loss of bargain damages of US$1.85m despite no repudiatory breach, upholding the Court of Appeal.
Salvors contracted with Great Peace to escort a damaged vessel, believing the ships were close. They were actually 410 miles apart. The salvors sought to avoid the contract for common mistake. The Court of Appeal held the contract was valid, rejecting an equitable doctrine of mistake separate from common law.
Two Roman Catholic midwives working as Labour Ward Co-ordinators claimed their conscientious objection under section 4 of the Abortion Act 1967 extended to supervising, delegating and supporting staff involved in terminations. The Supreme Court held 'participation' means hands-on involvement only, allowing the Health Board's appeal.
A fire officer attended an accident scene where his son had been injured through his own negligent driving. The father suffered post-traumatic stress disorder after witnessing his son's injuries. The court held that a person who inflicts injuries upon himself owes no duty of care to third parties who suffer psychiatric harm as a result of witnessing those self-inflicted injuries.
Mr Gregg's GP negligently failed to diagnose cancer, delaying treatment by nine months. His prospects of disease-free survival fell from 42% to 25%. The House of Lords (3-2) dismissed his appeal, holding that loss of a chance of recovery is not recoverable damage in clinical negligence where the claimant cannot prove on balance of probabilities that negligence caused the adverse outcome.
A dispute arose over a rare Ferrari 250 GTO gearbox separated from the car sold for $44 million. The buyer sought specific performance to obtain the gearbox. The Court of Appeal held that the buyer was entitled to the gearbox but must pay the seller $500,000 plus shipping costs, affirming contractual interpretation principles regarding agency and signature.
A councillor sought damages for malicious prosecution after disciplinary proceedings against him were quashed. The House of Lords held that the tort of malicious prosecution does not extend to domestic disciplinary proceedings, as such proceedings fall outside the established categories of criminal proceedings and specific civil processes to which the tort applies.
Neighbours disputed trespass and encroachment from building works. After a small claims trial awarded only £100, the Court of Appeal considered whether earlier refusals of permission to appeal could be reopened and whether a power of attorney holder could conduct litigation and advocacy on a party's behalf.
A son worked on his parents' farm for over 30 years at low wages, relying on promises that he would inherit a substantial share. After a family breakdown, he was disinherited and brought a proprietary estoppel claim. The Supreme Court clarified that the remedy aims to prevent detriment from reliance on informal promises, not to enforce non-binding promises.
A Turkish national living in Switzerland on a humanitarian residence permit sought to bring his son Ersin from Turkey for family reunification. Swiss authorities refused, citing insufficient means and inadequate care arrangements. The European Court of Human Rights found no violation of Article 8, holding Switzerland had not failed its obligations.
A taxpayer appealed against income tax assessments but transmitted his Case Stated to the High Court eight days late. The Court of Appeal held that the 30-day time limit in Section 56(4) of the Taxes Management Act 1970 was mandatory, and failure to comply deprived the Court of jurisdiction to hear the appeal.
Mrs Gwilliam, aged 63, was injured using a 'splat-wall' at a hospital charity fair due to negligent setup by an independent contractor. The contractor's insurance had lapsed. The Court of Appeal considered whether the hospital owed a duty to check the contractor's insurance and whether that duty was breached.
Pig farmers purchased a bulk food storage hopper from manufacturers who failed to open the ventilator when installing it. This caused pig-nuts to become mouldy, leading to E. coli infection killing 254 pigs. The Court of Appeal held the manufacturers liable, establishing that in physical damage cases, liability extends to the type of damage foreseeable even if the precise extent was not.
Three conjoined appeals concerning deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002. The Supreme Court clarified the 'unduly harsh' test for Exception 2 and the 'very compelling circumstances' test, rejecting a notional comparator approach and endorsing the MK self-direction requiring an elevated threshold assessment.
Lucy Habberfield worked on her family's dairy farm for 30 years on assurances she would inherit it. After rejecting a 2008 partnership offer and leaving in 2013, she successfully claimed proprietary estoppel. The Court of Appeal upheld her £1.17m award.
An Algerian asylum seeker failed to attend his interview. The Tribunal held that Paragraph 340 of HC 395 cannot be used alone to refuse asylum; the Secretary of State must assess the merits of the claim. Special adjudicators must consider all evidence, not merely whether non-compliance was excused.
The plaintiffs, millers in Gloucester, sent a broken crankshaft via the defendants' carrier service to manufacturers in Greenwich for a replacement. The defendants delayed delivery, causing the mill to remain stopped longer than necessary. The court established the foundational rule for remoteness of damages in contract law.
A pregnant woman surrendered her hostel tenancy due to smells, then gave birth months later. Waltham Forest found her intentionally homeless. The Supreme Court held that her baby's birth, which would have caused homelessness regardless, broke the causal chain.
Mr Hale, a 42% shareholder in Metropolis Motorcycles Limited, petitioned under section 459 Companies Act 1985 alleging unfair prejudice through exclusion from management and profits after the partnership business was incorporated. The court dismissed the petition, finding Mr Hale had agreed to withdraw from active participation and the changed financial circumstances did not justify a buyout order.
