Case summaries

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Pao On v Lau Yiu Long [1980] AC 614

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,...

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HXA v Surrey County Council [2023] UKSC 52

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...

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Byers & Ors v Saudi National Bank [2023] UKSC 51

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...

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TUI UK Ltd v Griffiths [2023] UKSC 48

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...

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Wolverhampton City Council & Ors v London Gypsies and Travellers & Ors [2023] UKSC 47

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...

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R (on the application of Afzal) v Secretary of State for the Home Department [2023] UKSC 46

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...

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R (on the application of AAA (Syria) & Ors) v Secretary of State for the Home Department [2023] UKSC 42

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...

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Target Group Ltd v Revenue and Customs [2023] UKSC 35

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...

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Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32

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...

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R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31

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...