Case summaries

Pfeifer v Austria (2007) App No 12556/03, 48 EHRR 8 (ECtHR)

A journalist complained that Austrian courts failed to protect his reputation after being accused in a magazine of being part of a 'hunting society' that drove a professor to suicide. The ECtHR held that Austria violated Article 8 by failing to balance the applicant's right to reputation against freedom of expression, as the accusations lacked sufficient factual basis.

Pham v Secretary of State for the Home Department [2015] UKSC 19

Pham, born in Vietnam and naturalised British, was stripped of UK citizenship over alleged Al Qaida links. He claimed this rendered him stateless as Vietnam refused to recognise him. The Supreme Court dismissed his appeal, holding he retained Vietnamese nationality under Vietnamese law.

Phelps v Hillingdon LBC [2000] UKHL 47

Several linked appeals considered whether local education authorities and their staff could be liable in negligence for failures in identifying and addressing children’s special educational needs. The House of Lords recognised duties of care, allowed most appeals, and treated educational under-provision as actionable damage, including economic loss.

Philipp v Barclays Bank UK PLC [2023] UKSC 25

Mrs Philipp was deceived by fraudsters into instructing Barclays Bank to transfer £700,000 to accounts in the UAE. She claimed the Bank owed a duty not to execute her payment instructions if it had reasonable grounds to believe she was being defrauded. The Supreme Court held no such duty exists for authorised push payment fraud where the customer personally instructs the bank.

Phillips Products Ltd v Hyland [1984] EWCA Civ 5 (14 December 1984)

Phillips hired a JCB excavator and driver from Hamstead. The driver negligently damaged Phillips' building. Hamstead relied on a contract condition transferring liability to the hirer. The Court of Appeal held the exclusion clause failed the reasonableness test under the Unfair Contract Terms Act 1977.

Phoenix Contracts (Leicester) Ltd, Re [2010] EWHC 2375 (Ch)

Mr Shepherd, a 50% shareholder in a quasi-partnership company, was wrongfully excluded from management by co-director Mr Williamson following a protected disclosure about bid-rigging. The court found unfair prejudice under s.994 Companies Act 2006 and ordered Mr Williamson to purchase Mr Shepherd's shares at their value on the date of exclusion.

Photo Production Ltd v Securicor Transport Ltd [1980] UKHL 2 (14 February 1980)

Securicor's employee deliberately started a fire at Photo Production's factory, causing £615,000 damage. The House of Lords held that exclusion clauses remain enforceable despite fundamental breach, rejecting the 'rule of law' doctrine. The case established that such clauses are matters of contractual construction.

Pickstone v Freemans Plc [1988] UKHL 2

Female warehouse operatives claimed equal pay with a male checker warehouse operative whose work was of equal value to theirs. The employer argued the claim was barred because a man did the same work as the women. The House of Lords held that section 1(2)(c) of the Equal Pay Act 1970 must be construed purposively to comply with European Community law obligations.

Pimlico Plumbers Ltd & Anor v Smith [2018] UKSC 29

Mr Smith, a plumber engaged by Pimlico Plumbers under contracts labelling him self-employed, brought claims for unfair dismissal, unlawful deductions, holiday pay and disability discrimination. The Supreme Court held he was a 'limb (b) worker', allowing his statutory claims to proceed.

Pitts v Hunt [1990] EWCA Civ 17

An 18-year-old pillion passenger, jointly engaged with a drunk, unlicensed rider in a reckless and illegal motorcycling escapade, was seriously injured in a collision. The Court of Appeal held that public policy barred his negligence claim against the rider’s estate, despite statutory abolition of volenti.

PJS v News Group Newspapers Ltd [2016] UKSC 26

PJS, an entertainer in a same-sex marriage with children, sought to restrain publication of details of an extramarital threesome. Despite widespread internet and overseas disclosure, the Supreme Court reinstated the interim injunction, prioritising privacy and the children's interests over press freedom.

Planche v Colburn [1831] EWHC KB J56 (14 June 1831)

Planche, a dramatist, was engaged to write an article on costume for a juvenile publication. When defendants discontinued the publication before completion, Planche sued for work already done. The court held he could recover on a quantum meruit for partial performance rendered useless by the defendants' breach.

Plevin v Paragon Personal Finance Ltd [2014] UKSC 61

Mrs Plevin obtained a loan and PPI policy via a broker, with 71.8% of the premium taken as undisclosed commission. The Supreme Court held that non-disclosure of the commission amount rendered the debtor-creditor relationship unfair under section 140A of the Consumer Credit Act 1974.

Plevin v Paragon Personal Finance Ltd [2017] UKSC 23

Following Mrs Plevin's successful PPI mis-selling claim, the Supreme Court considered whether her solicitors' success fee and ATE insurance premium remained recoverable after LASPO 2012, where the CFA and policy had been varied to cover appeals post-commencement. The court held they were recoverable.

PMS International Group Plc v Magmatic Ltd [2016] UKSC 12

Magmatic, maker of the Trunki ride-on children's suitcase, sued PMS for infringing its Community Registered Design through the similar Kiddee Case. The Supreme Court dismissed Magmatic's appeal, holding that the Court of Appeal correctly found no infringement given the different overall impression.

PNM v Times Newspapers Ltd & Ors [2017] UKSC 49

A man arrested but never charged in connection with the Oxford child sex grooming investigation sought an injunction preventing newspapers from identifying him as a suspect referred to during the open criminal trial. The Supreme Court refused, upholding open justice and press freedom.

Poole BC v GN [2019] UKSC 25

Two vulnerable children suffered years of harassment from neighbours after being housed next to a persistently anti-social family. They sued the local authority for failing to protect them under its Children Act functions. The Supreme Court held no common law duty of care arose on the pleaded facts.

Popely v Popely [2019] EWHC 1507 (Ch)

A double derivative action brought by John Snr's sons against their uncle Ronald, alleging he fraudulently transferred Casterbridge's assets to himself or his family's trust, depriving them of their 30% entitlement. The court dismissed all claims, finding no fraud, breach of fiduciary duty, or de facto directorship established.

Popoviciu v Curtea De Apel Bucharest (Romania) [2023] UKSC 39

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 real risk.

Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36

An Iranian refugee with PTSD refused a council flat, claiming a round window reminded her of her prison cell. The Supreme Court upheld the council's decision and declined to depart from Ali v Birmingham, holding article 6 did not apply to homelessness duties.

Potanina v Potanin [2024] UKSC 3

A Russian billionaire's ex-wife sought financial relief in England under Part III of the Matrimonial and Family Proceedings Act 1984 after their Russian divorce. The Supreme Court addressed the test for setting aside leave to apply for such relief, ruling that respondents have an unconditional right to argue against leave granted without notice.