Case summaries

The Supreme Court held that the FSA, when seeking a freezing injunction under s.380(3) FSMA as a law-enforcement action, is not required as a matter of course to give a cross-undertaking in damages in favour of either defendants or innocent third parties such as banks. Barclays' appeal was dismissed.

Mrs Brazel, a part-year visiting music teacher, claimed her employer underpaid her holiday pay by using a percentage method rather than the statutory formula. The Supreme Court held that part-year workers are entitled to 5.6 weeks paid leave without pro-rating for weeks not worked, rejecting the employer's alternative calculation methods.

Bahraini agents allegedly hacked the computers of two UK-based pro-democracy activists using FinSpy spyware, operated remotely from Bahrain, causing psychiatric injury. The Supreme Court held by majority that section 5 of the State Immunity Act 1978 removes state immunity where causative acts occur in the UK, even if the actor is abroad.

Ukraine issued US$3 billion Notes to Russia, governed by English law. Ukraine defended against enforcement claiming duress through Russian economic pressure and threats of force, lack of capacity and authority, and countermeasures. The Supreme Court held Ukraine had capacity and the Minister had ostensible authority, but allowed the duress defence based on threats of force to proceed to trial.

Sewerage undertakers discharged surface water and treated effluent into canals owned by Manchester Ship Canal Company without consent. The Supreme Court held there is no general statutory right of discharge into private watercourses, but an implied right exists for outfalls already in use before 1 December 1991.

The Canal Company owns the Manchester Ship Canal, into which United Utilities discharges foul water from its sewerage system. The Supreme Court held that owners of watercourses can bring common law claims in nuisance or trespass against sewerage undertakers for polluting discharges, as such discharges are not authorised by the Water Industry Act 1991.

Vauxhall held a perpetual licence from MSCC to discharge water across canal land for £50 annual rent. After missing payment, MSCC terminated. The Supreme Court held equity's jurisdiction to relieve against forfeiture extends to possessory rights over land, not merely proprietary interests.

During the 2011 London riots, a Sony warehouse in Enfield was destroyed by rioters. Insurers and uninsured property owners claimed compensation under the Riot (Damages) Act 1886. The Supreme Court held that the Act compensates only for physical damage, not consequential losses such as lost profits or rent.

Prudential and Silverfleet were in the same VAT group when Silverfleet provided fund management services. Success fees became payable years after Silverfleet left the group. The Supreme Court held VAT was payable on the success fees because, under regulation 90, the chargeable event occurred when fees were invoiced after Silverfleet had departed the VAT group.

A child born at a German hospital to a British Army family suffered brain injury allegedly due to negligence. The defendants sought contribution from the hospital under the Civil Liability (Contribution) Act 1978. The Supreme Court held the Act does not have overriding effect and applies only when English choice of law rules indicate English law governs the contribution claim.

The UK Supreme Court considered whether the Scottish Parliament's UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was within its legislative competence. The Court held the Bill was not generally outside competence, but section 17 and various provisions modified by the subsequently enacted UK Withdrawal Act 2018 were ultra vires.

Mrs Nolan was made redundant when the US Army closed its watercraft repair base in Hampshire without consulting employees. The Supreme Court held that TULCRA's collective redundancy consultation duties applied to the United States despite the strategic, sovereign nature of the closure decision.

The appellants failed to comply with an 'unless' order requiring disclosure, leading to a debarring order. After their first application for relief from sanctions failed, they made a second application before another judge. The Supreme Court held that CPR 3.1(7) required a material change of circumstances, which was absent.

Zedra, a minority shareholder in THG plc, brought an unfair prejudice petition alleging exclusion from a bonus share issue in 2016. The Supreme Court held that petitions under section 994 of the Companies Act 2006 are not subject to limitation periods under sections 8 or 9 of the Limitation Act 1980, overturning the Court of Appeal's decision.

A dispute over costs following litigation concerning recovery of a 'disturbance payment'. Both parties appealed the judge's costs order. The Court of Appeal dismissed both appeals, finding the judge properly exercised his discretion considering the chronology of offers, conduct of parties, and Part 36 offer implications.

A landlord sought rectification of a lease where the rent review clause omitted provision for arbitration in default of agreement. The tenant's director knew of this omission but did not inform the landlord. The Court of Appeal upheld rectification based on unilateral mistake where one party knowingly failed to correct an error.

David Thorner worked unpaid for nearly 30 years on his cousin Peter's Somerset farm, relying on oblique assurances that he would inherit it. Peter died intestate. The House of Lords upheld David's proprietary estoppel claim, restoring the trial judge's order granting him the farm.

A senior executive at Egon Zehnder sought to join a competitor despite a six-month non-competition covenant. She argued the word 'interested' unreasonably barred even minor shareholdings. The Supreme Court held the clause was in unreasonable restraint of trade but severed the offending words, restoring the injunction.

Three newspaper publishers challenged costs orders requiring them to pay claimants' success fees and ATE premiums under the 1999 Act regime, arguing infringement of article 10 rights. The Supreme Court dismissed all three appeals, holding claimants' accrued rights and legitimate expectations prevailed.

Police attended a road accident caused by black ice but left without adequately warning other motorists. A fatal collision subsequently occurred on the same stretch of road. The Supreme Court held the police owed no duty of care as they had not made matters worse in a legally relevant sense, nor did any exception to the general rule against liability for omissions apply.

HMRC opened a tax enquiry but sent the notice to Mr Tinkler's old address. His tax advisers BDO acknowledged the enquiry and corresponded with HMRC. Years later, Tinkler argued the enquiry was invalid. The Supreme Court held Tinkler was estopped by convention from denying the enquiry's validity.