A Pakistani national trafficked to the UK as a child for forced labour challenged his removal. The Supreme Court held that immigration tribunals are not bound by National Referral Mechanism trafficking decisions and must make their own factual findings. Removal would breach Article 4 ECHR as no effective investigation of the trafficking had occurred.
A Ugandan student whose asylum claim was refused, leaving him with 11 weeks of student leave, sought to appeal under section 83 NIAA 2002. The Supreme Court held he was outside the section, clarifying it requires over 12 months' leave from the date of refusal.
Following an explosion and fire on the container ship MSC Flaminia caused by dangerous cargo, the shipowner sought damages from the charterer. The Supreme Court considered whether the charterer could limit its liability under the 1976 Convention on Limitation of Liability for Maritime Claims in respect of various costs incurred by the owner.
MTH designed and installed offshore wind turbine foundations at Robin Rigg that failed shortly after completion due to an error in an international standard (J101). The Supreme Court held MTH liable, finding the Technical Requirements imposed a 20-year design life obligation that prevailed over compliance with J101.
A liquidator claimed that set-off arrangements between companies constituted unlawful financial assistance under s151 Companies Act 1985 for acquiring shares. The Court of Appeal held no financial assistance was given as the purchaser, being an assignee of secured loans, was merely enforcing its existing security rights rather than receiving assistance from the target company.
A British citizen challenged a Home Office report alleging he committed war crimes during the 1971 Bangladesh War of Independence. The Supreme Court held that defamation proceedings were not an abuse of process despite his conviction in absentia by a Bangladeshi tribunal, as he had no fair opportunity to contest that conviction.
Mr Muhamad, a bankrupt, was convicted of materially contributing to his insolvency by gambling under section 362(1)(a) of the Insolvency Act 1986. On appeal, the Court of Appeal held the offence is one of strict liability and compatible with Article 7 ECHR, dismissing the appeal.
Children were scalded when a tea urn was dropped in a narrow passage at a tea room managed by the Corporation. The House of Lords held that the manageress could not reasonably have foreseen the accident occurring from permitting the urn to be carried through, and thus no negligence was established.
A testator's 2014 will left his farm outright to one son, Richard, contrary to earlier instructions giving all four sons shares. The court found the testator lacked knowledge and approval of this change and ordered words omitted from probate to reflect his true intentions.
Mr Murphy purchased a house built on a defective concrete raft foundation which had been approved by the council's independent consulting engineers. When cracks appeared and the house became dangerous, he sold it at a loss. The House of Lords departed from Anns v Merton, holding that local authorities owe no duty of care for pure economic loss arising from defective buildings.
MN, a profoundly disabled young man, was cared for in a residential home funded by the CCG. His parents sought home visits and the mother's involvement in intimate care, which the CCG and care providers refused. The Supreme Court held the Court of Protection could not compel funders or providers to deliver care they would not offer.
The Secretary of State deprived E3 and N3 of British citizenship on national security grounds, claiming they retained Bangladeshi citizenship. After SIAC determined they would be rendered stateless (contrary to section 40(4) of the British Nationality Act 1981), the Supreme Court held that while deprivation orders remained valid for immigration enforcement purposes, appellants retained underlying British citizenship status throughout, making ZA (born during the deprivation period) a British citizen at birth.
The appellant subscribed for shares in Zavarco but did not pay cash, claiming shares in another company sufficed. Zavarco obtained a declaratory judgment that shares were unpaid and later sued for the £36 million debt. The Supreme Court held that the doctrine of merger does not apply to declaratory judgments, allowing Zavarco's debt claim to proceed.
A warehouse lessee claimed frustration when street closure prevented access for 20 months of a 10-year lease. The House of Lords held that while the doctrine of frustration can in principle apply to leases, it would only do so in rare circumstances. On the facts, the interruption was insufficient to frustrate this lease.
Nexus sought rectification of a collective agreement recording a productivity bonus consolidation, claiming it mistakenly increased shift allowances. The Supreme Court held that while collective agreements can be rectified despite being legally unenforceable, the proper defendants are affected employees, not unions. The claim against unions was dismissed.
Mrs Morgan signed a legal charge over the family home to secure a bridging loan from the bank to pay off a building society mortgage. She claimed the charge was procured by undue influence. The House of Lords held that no undue influence existed as the transaction was not manifestly disadvantageous to her and the bank manager had not crossed the line into a relationship of dominating influence.
The vessel 'B Atlantic' was detained in Venezuela after unknown third parties attached cocaine to her hull in a smuggling attempt. The owners claimed on their war risks policy. The Supreme Court held the loss was not caused by persons acting maliciously and, in any event, was excluded as arising from detainment by reason of infringement of customs regulations.
Ndole Assets' claim form was served by CSD Legal, an unauthorised claims consultancy. The Court of Appeal held service constituted a reserved legal activity under the Legal Services Act 2007, but this irregularity did not render service a nullity, so the claim stood.
Nectrus sought to reopen a refusal of permission to appeal under CPR 52.30, arguing the rule against reflective loss should bar UCP's claim as an ex-shareholder. The Court of Appeal dismissed the application, holding the Supreme Court in Marex had limited the rule to current shareholders only, and Nectrus had not been denied natural justice.
A driving instructor was injured when a learner driver lost control and crashed into a lamp post. The Court of Appeal held that learner drivers owe the same standard of care as experienced drivers, even to their instructors. The instructor's damages were reduced by half for contributory negligence.
Mr Morris's recording studio suffered electromagnetic interference from Railtrack's TI 21 signalling system, affecting electric guitars with amplifiers. The Court of Appeal allowed Railtrack's appeal, holding that the interference at 80 metres distance was not reasonably foreseeable, defeating the nuisance claim.
SJJM owned offices undergoing extensive redevelopment on the material day. They sought to reduce the rateable value to £1. The Supreme Court held the reality principle applied: premises under genuine redevelopment should be rated as such, not as if in reasonable repair as offices.
Mrs Haywood, facing redundancy, was on holiday when her employer's termination letter was delivered. She read it on her return, on her 50th birthday threshold date. The Supreme Court held notice ran only when she actually read it, entitling her to an enhanced pension.
News Corp argued digital editions of its newspapers should be zero-rated for VAT like printed newspapers. The Supreme Court dismissed the appeal, holding that 'newspapers' in the VAT Act referred only to physical printed items, not digital editions. The always speaking principle could not extend the meaning given EU law constraints requiring strict interpretation of VAT exemptions.
A railway fireman was killed walking along a prohibited railway line route instead of the designated safe path whilst proceeding to his next work assignment. The House of Lords held that despite contravening employer's orders, the accident arose out of and in course of employment under Section 1(2) of the Workmen's Compensation Act 1925, entitling his widow to compensation.