Case summaries

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Sea Shepherd UK v Fish & Fish Ltd [2015] UKSC 10

Sea Shepherd UK was sued as joint tortfeasor after its US parent's vessel allegedly attacked a Maltese fish farm's tuna cage during Operation Bluerage. The Supreme Court, by majority, held SSUK's contribution (a small mailshot raising £1,730 and recruiting two volunteers) was de minimis and insufficient for accessory liability. Facts...

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R (on the applications of CATT and T) v Commissioner of Police of the Metropolis [2015] UKSC 9

The Supreme Court considered whether police retention of personal data on databases—records of Mr Catt's attendance at political protests and a harassment warning letter concerning Ms T—violated article 8 ECHR. The Court allowed both appeals, finding retention proportionate and lawful. Facts Two conjoined appeals concerned the systematic collection and retention...

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R (on the application of Newhaven Port and Properties Ltd) v East Sussex County Council & Anor [2015] UKSC 7

Newhaven Port challenged East Sussex County Council's decision to register West Beach as a village green under the Commons Act 2006. The Supreme Court allowed the appeal, holding harbour byelaws gave implied permission for recreational use, and registration was statutorily incompatible with operating a working harbour. Facts West Beach at...

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Sustainable Shetland v The Scottish Ministers & Anor (Scotland) [2015] UKSC 4

Sustainable Shetland challenged Scottish Ministers' consent for a 103-turbine windfarm in Shetland, arguing inadequate consideration of obligations under the EU Birds Directive regarding the protected whimbrel. The Supreme Court dismissed the appeal, upholding the Inner House's decision that ministers had lawfully considered the directive. Facts Sustainable Shetland, an unincorporated environmental...

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Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General For Wales) [2015] UKSC 3

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. Facts The Counsel General for Wales referred to the...

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R v Guraj [2016] UKSC 65

Guraj pleaded guilty to drug supply and money laundering. The judge sentenced him, made forfeiture orders, then postponed confiscation. After prosecution delays and procedural breaches, a confiscation order was made. The Supreme Court held jurisdiction survived absent unfairness to the defendant. Facts The respondent, Lodvik Guraj, pleaded guilty on 11...

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R v Docherty [2016] UKSC 62

Shaun Docherty, a violent repeat offender, was convicted of wounding with intent before LASPO 2012 commenced but sentenced afterwards to imprisonment for public protection (IPP). He challenged the transitional provisions preserving IPP, arguing lex mitior, ultra vires and discrimination. The Supreme Court unanimously dismissed his appeal. Facts The appellant, Shaun...

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R v Golds [2016] UKSC 61

Mark Golds killed his partner with a knife and admitted the killing, raising diminished responsibility. The Supreme Court considered the meaning of 'substantially impaired' under section 2 Homicide Act 1957 (as amended), holding it requires significant impairment, not merely more than trivial. Facts The appellant, Mark Golds, was convicted of...

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Impact Funding Solutions Ltd v AIG Europe Insurance Ltd [2016] UKSC 57

Solicitors Barrington breached warranties to litigation funder Impact under a disbursements funding agreement. When Barrington became insolvent, Impact sought to recover from its professional indemnity insurer AIG. The Supreme Court held the claim fell within the policy's exclusion for breaches of contracts supplying services to solicitors. Facts Impact Funding Solutions...

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R v Mitchell (Northern Ireland) [2016] UKSC 55

Angeline Mitchell was convicted of murdering her partner Anthony Robin by stabbing. The Supreme Court considered whether non-conviction bad character evidence relied on to establish propensity must be proved beyond reasonable doubt incident by incident, holding that propensity itself must be proved, not each underlying fact. Facts On 11 May...