The Paos sold their company shares to Fu Chip, receiving Fu Chip shares as payment with restrictions on selling. They later demanded a guarantee from the Laus against share price falls, threatening not to complete unless given. The Privy Council held valid consideration existed and rejected the economic duress defence,...
Times Travel, a travel agent reliant on PIAC for airline tickets, was pressured into signing a new contract waiving claims for unpaid commission. The Supreme Court held that lawful act economic duress requires a 'bad faith demand' – the threatening party must not genuinely believe in its legal entitlement. As...
Two claimants, HXA and YXA, who suffered childhood abuse by parents or their partners, claimed local authorities owed them a common law duty of care to protect them from harm. The Supreme Court held that applying N v Poole, no assumption of responsibility arose from the authorities' statutory functions, and...
SICL's trustee transferred shares to Samba in breach of trust. Under Saudi Arabian law, the registration extinguished SICL's equitable interest. The Supreme Court held that a claim in knowing receipt requires the claimant to retain a continuing equitable proprietary interest at the time of the defendant's receipt, which was destroyed...
Abu Zubaydah, detained by the CIA and allegedly tortured at secret 'black sites' in six countries, sued UK security services for sending interrogation questions knowing torture would occur. The Supreme Court held English law applies under section 12 of the Private International Law (Miscellaneous Provisions) Act 1995, displacing the general...
Dr Thaler sought patents for inventions allegedly created autonomously by DABUS, an AI machine. He claimed entitlement through ownership of the machine. The Supreme Court unanimously dismissed his appeal, holding that under the Patents Act 1977, an inventor must be a natural person, and ownership of an AI machine does...
Mr Griffiths contracted gastroenteritis during a package holiday in Turkey. His expert witness opined the illness was caused by hotel food. The defendant did not cross-examine the expert but criticised the report in closing submissions. The Supreme Court held this was unfair and allowed the appeal, establishing that expert evidence...
Local authorities sought injunctions against unidentified Gypsies and Travellers to prevent unauthorised encampments. The Supreme Court held that courts have jurisdiction to grant 'newcomer injunctions' binding persons unknown at the time of the order, subject to compelling justification and procedural safeguards including advertisement of applications and liberty to apply for...
Two appellants challenged refusals of indefinite leave to remain based on long residence. The Supreme Court considered whether section 3C of the Immigration Act 1971 extends leave when applications are invalid for non-payment of fees, and interpreted 'disregarded' in paragraph 276B(v) of the Immigration Rules regarding overstaying periods. Facts Mr...
Ms Imam, a wheelchair user with three children, was owed a housing duty by Croydon Council under section 193(2) of the Housing Act 1996. Despite acknowledging the breach for nearly six years, Croydon failed to provide suitable accommodation. The Supreme Court clarified when mandatory orders should be granted against housing...
The Fisher family transferred their telebetting business from a UK company to a Gibraltar company. HMRC sought to tax the Fishers under the transfer of assets abroad code. The Supreme Court held that section 739 ICTA 1988 only applies to individuals who actually transfer assets, not to shareholders of a...
Deliveroo riders sought trade union recognition for collective bargaining through the Independent Workers Union. The Supreme Court held that the riders were not in an employment relationship within Article 11 ECHR, and that Article 11 does not confer a right to compulsory collective bargaining. The appeal was dismissed. Facts Deliveroo...
Asylum seekers challenged the UK Government's Rwanda policy, which proposed removing them to Rwanda for asylum processing. The Supreme Court held the policy unlawful, finding substantial grounds to believe asylum seekers faced real risk of refoulement due to deficiencies in Rwanda's asylum system, despite assurances given under the Migration and...
Mrs Potter took out a loan with payment protection insurance. The lender retained over 95% of the PPI premium as undisclosed commission. She brought a claim under the Consumer Credit Act 1974 for an unfair relationship. The Supreme Court held the claim was not time-barred as the commission had been...
The Danish tax authority claimed it was defrauded of approximately £1.44 billion through false dividend withholding tax refund applications. The Supreme Court held that the revenue rule, which prevents enforcement of foreign tax laws, did not apply because no tax was ever due from the defendants – they were never...
Romanian authorities sought extradition of Mr Popoviciu following conviction for fraud. He alleged his trial was flagrantly unfair due to undisclosed corrupt relationship between the trial judge and a key prosecution witness. The Supreme Court addressed whether proving past flagrant denial of justice requires balance of probabilities or merely showing...
HMRC appealed against Vermilion Holdings Ltd regarding whether a securities option granted to an employee's nominee constituted an employment-related securities option under section 471 of ITEPA 2003. The Supreme Court allowed HMRC's appeal, holding that the deeming provision in section 471(3) applied, making the option taxable as employment income. Facts...
Ms Dalton challenged the Attorney General's refusal to order a fresh inquest into her father's death in a 1988 IRA bombing. The Supreme Court held that as the death occurred more than 12 years before the Human Rights Act 1998 came into force, the procedural obligation under Article 2 ECHR...
Target Group Ltd administered loans for Shawbrook Bank, including processing payments via BACS and maintaining loan accounts. The Supreme Court held that giving payment instructions which automatically trigger transfers does not qualify for VAT exemption under article 135(1)(d) PVD, as the exemption requires actual execution of transfers, not merely instructing...
Credit card holders sued RBS for repayment of PPI premiums, claiming unfair relationships due to undisclosed commissions. The Supreme Court held that limitation periods for section 140B claims only begin when the credit relationship ends, not when PPI payments were made. Claims brought within six years of relationship ending were...
Police officers and civilian staff claimed underpaid holiday pay dating back to 1998, as their pay excluded overtime. The Supreme Court held that the EU principle of equivalence allowed police officers to benefit from the 'series extension' for bringing claims, and that a series of deductions is not broken by...
Mozambique sued Privinvest and others alleging bribery and conspiracy relating to three supply contracts financed by sovereign guarantees. Privinvest sought a mandatory stay under section 9 of the Arbitration Act 1996, arguing disputes fell within arbitration clauses. The Supreme Court allowed the Republic's appeal, holding that the corruption claims were...
Worcestershire County Council disputed responsibility for after-care services under section 117 of the Mental Health Act 1983 for an individual detained twice. The Supreme Court held that the duty to provide after-care services ends upon subsequent detention, with responsibility transferring to the local authority where the person was ordinarily resident...
Four landowners whose sites were compulsorily acquired for HS2 applied for certificates of appropriate alternative development (CAADs). The Supreme Court considered whether CAAD applications or decisions relating to other land could be taken into account when determining a CAAD. The Court held such materials may provide relevant evidence but are...
The Supreme Court considered when bankrupts have standing to challenge their trustee's actions under section 303(1) of the Insolvency Act 1986. The Brakes sought to challenge their trustee's dealings with a cottage they possessed. The Court held bankrupts only have standing where there is likely to be a surplus in...