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.
Holwell Securities attempted to exercise an option to purchase property by posting a letter which never reached the defendant. The Court of Appeal held that the postal rule did not apply because the option required 'notice in writing to' the vendor, meaning actual communication was necessary. The appeal was dismissed.
Seven Borstal trainees escaped from Brownsea Island while officers slept, damaging the respondent's yacht during their escape. The House of Lords held that Borstal officers owed a duty of care to nearby property owners to prevent foreseeable damage by trainees, establishing liability where officers acted outside their instructions.
The Supreme Court considered compensation for compulsory acquisition of grazing land within the Kingsway Business Park scheme. It restored the Upper Tribunal's £746,000 award, holding that the tribunal had correctly applied the no-scheme rule and planning assumptions under the Land Compensation Act 1961.
Charterers wrongfully terminated a time charter due to delays caused by an incompetent engine-room crew rendering the vessel unseaworthy. The Court of Appeal held that the seaworthiness obligation was not a condition entitling automatic termination; breach must frustrate the contract's commercial purpose. This case established the doctrine of innominate terms.
Three customers claimed that commissions paid by finance lenders to motor dealers for arranging hire purchase agreements constituted bribes or breaches of fiduciary duty. The Supreme Court held that dealers in typical tripartite car finance transactions do not owe fiduciary duties to customers, dismissing the bribery and equity claims, but upheld one customer's claim under section 140A of the Consumer Credit Act for an unfair relationship due to undisclosed commission.
The House of Lords departed from its earlier decision in Walkley v Precision Forgings Ltd, holding that a claimant who issued a first action in time but had to bring a second action out of time could still invoke the section 33 discretion to disapply the limitation period.
A Slovak Roma man claimed asylum in the UK, fearing persecution by skinheads. The House of Lords held that persecution under the Refugee Convention requires a failure of state protection. Since Slovakia provided sufficient protection, though imperfect, the asylum claim failed.
Three homeless applicants challenged local authorities' decisions that they were not 'vulnerable' under section 189(1)(c) of the Housing Act 1996. The Supreme Court clarified the correct comparator, the relevance of third-party support, and the public sector equality duty's application.
A 13-year-old boy fell and fractured his hip. The hospital negligently failed to diagnose the injury for five days. He developed avascular necrosis causing permanent disability. The House of Lords held that since there was a 75% probability the damage was inevitable from the fall itself, causation was not established and damages for 'loss of chance' were not recoverable.
Mr Barton, a leaseholder and member of a management company, requested to inspect the register of members to contact fellow members about removing directors and the managing agent. The company sought a direction not to comply. The Court of Appeal held the request was for a proper purpose, as challenging management fell within both his shareholder and leaseholder rights.
A young Nigerian woman was trafficked to the UK, employed illegally by Mrs Allen as a home help, abused, and violently dismissed. The Supreme Court held the illegality defence did not defeat her race discrimination claim regarding dismissal, restoring her compensation.
Mr Grant applied for shares in an insurance company. The company posted a letter of allotment which was lost in the post and never received. The Court of Appeal held that a valid contract existed because acceptance is effective upon posting, even if the letter never arrives. This case affirmed the postal rule.
Ogdens hired barges from Howards for excavation work after being told the barges could carry 1600 tonnes. The actual capacity was only about 1055 tonnes. The Court of Appeal held Howards liable under section 2(1) of the Misrepresentation Act 1967 as they failed to prove reasonable grounds for their belief in the accuracy of the representation.
French champagne producers sought to prevent English cider makers from using 'Champagne Cider' and 'Champagne Perry' labels. The case established important guidelines on when English courts should refer questions of European Community law interpretation to the European Court of Justice under Article 177 of the Treaty of Rome.
A landlord served a six-month notice to repair on his tenant railway company. During negotiations for the sale of the lease, repairs were suspended by mutual understanding. The House of Lords held the landlord could not enforce forfeiture when repairs were completed within six months of negotiations ending, establishing the equitable principle that parties cannot enforce strict legal rights after inducing the other party to believe those rights would not be enforced.
The Court of Appeal considered whether an elderly testator with moderately severe dementia had testamentary capacity to execute a 2016 will changing bequests following his son's suicide. The Court allowed the appeal, finding the judge had given insufficient weight to the drafting solicitor's and GP's evidence.
An 8-year-old boy was severely burned when a paraffin lamp fell into a manhole left unattended by Post Office workers, causing an explosion. The House of Lords held that liability arises where the type of harm is foreseeable, even if the precise manner of occurrence was not.
The Northern Ireland Human Rights Commission challenged Northern Ireland's abortion laws as incompatible with ECHR articles 3 and 8 in cases of fatal foetal abnormality, rape, and incest. The Supreme Court found the Commission lacked standing, but a majority indicated the law was incompatible with article 8.
Mr Hunt challenged North Somerset Council's youth services budget cuts. The Court of Appeal found the Council had breached its equality and consultation duties but refused relief and ordered Hunt to pay half the costs. The Supreme Court reversed the costs order.
A woman severely injured in a motorcycle accident driven by her partner (later husband) claimed damages including the value of care he provided. The House of Lords held that a plaintiff cannot recover damages for gratuitous care services rendered by the tortfeasor himself, as such damages must be held on trust for the carer.
Residents near Canary Wharf sued for nuisance due to television interference from the tower and dust from road construction. The House of Lords held that interference with television signals by a building is not actionable nuisance, and only persons with proprietary interests in land can sue in private nuisance.
Property owners granted leases of unoccupied commercial properties to shell companies (SPVs) solely to avoid business rates liability. The SPVs were then dissolved or placed in liquidation. The Supreme Court held that the rating legislation should be interpreted purposively, meaning the SPVs did not become 'owners' for rates purposes as they had no practical ability to occupy or let the properties.
Christopher Hutcheson sought to prevent NGN from publishing information about his 'second family' - a long-term relationship producing two children outside his marriage. The Court of Appeal dismissed his appeal, finding the public interest in freedom of expression outweighed his privacy claim, particularly given his public dispute with Gordon Ramsay.
A tenant farmer claimed compensation for seed and labour upon quitting the farm, relying on the custom of the country. The landlord argued the written lease excluded such customary allowances. The Court held that customs of the country are implied into leases unless expressly or impliedly excluded, and the tenant was entitled to recover.