Case summaries

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JSC BTA Bank v Ablyazov [2015] UKSC 64

The Supreme Court considered whether a defendant's rights under loan agreements, and the proceeds thereof, fell within a standard form freezing order. The Bank held US$4.4 billion in unpaid judgments against Mr Ablyazov. The Court held the right to draw down was not an 'asset' but the loan proceeds were...

Lady justice with law books

R v McGeough (Northern Ireland) [2015] UKSC 62

McGeough was convicted of attempted murder of a UDR soldier and IRA membership. His IRA membership conviction relied on admissions made in a failed 1983 Swedish asylum application. The Supreme Court upheld admission of that evidence, finding no confidentiality bar. Facts In June 1981, Samuel Brush, a postman and member...

Law books on a desk

Gohil v Gohil [2015] UKSC 61

Mrs Gohil sought to set aside a 2004 consent financial order on the ground of her former husband's fraudulent non-disclosure of assets. The Supreme Court held that Ladd v Marshall principles do not apply to such applications and reinstated the trial judge's order. Facts The parties married in 1990 and...

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Sharland v Sharland [2015] UKSC 60

Mrs Sharland agreed a divorce settlement based on her husband's dishonest evidence about the value and imminent IPO of his company. The Supreme Court held that fraud unravels matrimonial consent orders, allowing her to reopen the financial proceedings. Facts The parties married in 1993 and separated in 2010, having three...

Lady justice with law books

Woolway v Mazars [2015] UKSC 53

Mazars, a firm of chartered accountants, occupied the second and sixth floors of an office block under separate leases. The Supreme Court held these constituted separate hereditaments for rating purposes, establishing that the geographical test takes primacy over functional considerations. Facts Tower Bridge House is an eight-storey office block in...

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Coventry & Ors v Lawrence & Anor [2015] UKSC 50

Homeowners successfully sued for noise nuisance from a nearby speedway, funded by a CFA and ATE insurance. The defendants challenged liability for success fees and ATE premiums under the 1999 Act as incompatible with Convention rights. The Supreme Court upheld the scheme's compatibility. Facts The appellants, Katherine Lawrence and Raymond...

Lady justice next to law books

Bunge SA v Nidera BV [2015] UKSC 43

Sellers prematurely cancelled a wheat sale contract citing a Russian export ban that had not yet taken effect. Buyers accepted the repudiation and claimed substantial damages under GAFTA 49's default clause. The Supreme Court held that the compensatory principle in The Golden Victory applied, and as the ban would have...