Peter Fuld, a wealthy German-born man with complex international ties, died leaving a will and four codicils. Scarman J held him domiciled in Germany, admitted only the will and first codicil to probate, and established important principles on domicile, choice of law and burden of proof in probate.
An insolvent insurance company in provisional liquidation sought court sanction for a scheme of arrangement with its creditors. The High Court refused, holding separate class meetings were required due to differential dividend weightings. The Court of Appeal allowed the appeal, finding all creditors could consult together with a view to their common interest.
The Supreme Court unanimously dismissed a local authority's appeal, holding that a finding in earlier proceedings that a parent was merely a possible perpetrator of injury to another child cannot, by itself, found a prediction that children now in her care are likely to suffer significant harm under section 31(2) of the Children Act 1989.
Three conjoined appeals concerning men registered as 'father' on birth certificates who were not biological fathers. The Court of Appeal held 'father' in the Children Act 1989 means the genetic father only, so parental responsibility never arises from registration if the registrant is not the biological father.
The Official Receiver sought disqualification orders against eight former directors and the CEO of Kids Company, a children's charity that collapsed in 2015. The single allegation was that they operated an unsustainable business model. The court dismissed all claims, finding the trustees acted honestly and within a reasonable range of decision-making in challenging circumstances.
A circuit judge in care proceedings reversed her fact-finding that the father injured the baby, instead finding either parent could be responsible, before her earlier order was sealed. The Supreme Court allowed the father's appeal, holding judges may change their minds pre-perfection, applying the overriding objective rather than any exceptionality test.
A mother sought the summary return of her four children from England to Spain under the Hague Convention. The Supreme Court held that, when determining habitual residence, the state of mind of an adolescent child during her residence is a relevant factor, and remitted the issue.
Kevin Maguire, a Crown Court defendant with legal aid for two counsel, challenged the Bar of Northern Ireland's rule requiring that one be senior counsel. The Supreme Court held this rule promoted, rather than breached, his article 6 fair trial rights.
Directors of an insolvent groundworks company sought an administration order to facilitate a pre-packaged sale to a connected party. The court refused to make an immediate order due to wholly inadequate marketing (only 48 hours) and insufficient compliance with SIP 16 requirements, adjourning for further evidence.
Two Hungarian children born and living in England became subject to care proceedings. The Supreme Court considered whether the case should be transferred to Hungary under Article 15 of Brussels IIa. It allowed the appeal, holding the transfer request should be set aside.
A father sought the summary return of his young daughter from England to Israel. The Court of Appeal, having set aside a Hague Convention order, itself made a return order under the inherent jurisdiction. The Supreme Court allowed the mother's appeal, holding the jurisdiction was available but had been exercised without proper welfare analysis.
Stevedores negligently dropped a plank into a ship's hold, causing a spark that ignited petrol vapour, destroying the ship. The Court of Appeal held defendants liable for all direct consequences of negligent acts, regardless of foreseeability. This strict liability test was later replaced by The Wagon Mound.
The Supreme Court considered whether a local authority should pay a father's costs after his successful appeal against care and placement orders. It held that the general 'no costs' rule in children's cases applies equally to appeals, absent reprehensible or unreasonable conduct.
Selectmove Ltd owed substantial PAYE and NIC arrears to the Inland Revenue. The company's director claimed an agreement was made with a tax collector to pay arrears by instalments. The Court of Appeal held there was no binding agreement due to lack of authority and consideration, reaffirming that practical benefits cannot constitute consideration for payment of existing debts under Foakes v Beer.
Joint administrators sought a declaration that their appointment was valid despite the notice being filed via the Electronic Working Pilot Scheme rather than the prescribed Insolvency Rules procedure. The court held the defect was purely formal, causing no substantial injustice, and declared the appointment valid from 5:03pm on 10 September 2019.
Spectrum granted a debenture to National Westminster Bank purporting to create a fixed charge over book debts. The House of Lords held that despite the label, the charge was a floating charge because Spectrum remained free to collect debts and draw on its bank account without restriction. This overruled Siebe Gorman and clarified the distinction between fixed and floating charges.
A local authority sought to use the High Court's inherent jurisdiction to authorise deprivation of liberty for a vulnerable child in placements that were not approved secure accommodation. The Supreme Court held that the inherent jurisdiction remains available in cases of necessity where no approved secure accommodation exists, despite regulatory gaps and potential criminal offences by unregistered home operators.
A local authority sought permission to invoke the High Court's inherent jurisdiction to revoke a 2004 adoption order after the adoptive parents rejected the twelve-year-old child. Bodey J refused permission, holding revocation was unlikely and would cause further harm.
Anna Rea's 2015 Will left her house to her daughter Rita, who cared for her, excluding her three sons. The Court of Appeal overturned the trial judge's finding of undue influence, holding the evidence did not support coercion and admitted the will to probate.
During wartime, a Ministry inspector was injured by an explosion in a munitions factory operated by contractors. She alleged strict liability without negligence under Rylands v Fletcher. The House of Lords held there is no such liability absent escape from the occupier’s land.
The Welsh Assembly's Bill sought to require those liable for asbestos-related diseases, and their insurers, to reimburse the Welsh NHS for treatment costs. The Supreme Court held the Bill fell outside the Assembly's legislative competence and breached A1P1 of the ECHR.
A severely visually impaired woman underwent a negligently performed sterilisation and gave birth to a healthy child. She claimed child-rearing costs, including extra costs due to her disability. The House of Lords upheld McFarlane, refused such costs, but created a £15,000 conventional award for loss of autonomy.
Martin Lynch, a known suicide risk, hanged himself in a police cell using an open hatch and spy hole. The House of Lords held the police owed and breached a duty to take reasonable care to prevent his suicide, but reduced damages by 50% for his contributory responsibility.
The Attorney General for Northern Ireland referred whether a proposed Revised Code of Practice, allowing those lacking mental capacity to nonetheless validly consent to confinement through wishes and feelings, would breach article 5 ECHR. The Supreme Court overruled Cheshire West and held the Revised Code lawful.
The UK Supreme Court held that several provisions of the Scottish Parliament's UNCRC and ECLSG Incorporation Bills exceeded legislative competence by modifying section 28(7) of the Scotland Act 1998, which preserves Westminster's unqualified power to legislate for Scotland. The Bills attempted to subject UK Parliament Acts to judicial interpretation and invalidation.