Case summaries

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Bailey & Anor v Angove’s PTY Ltd [2016] UKSC 47

Australian winemaker Angove's terminated its UK agent D&D's authority to collect customer payments after D&D entered administration. The Supreme Court held the termination was effective, the agent's authority was not irrevocable, and no constructive trust arose over funds received by the insolvent agent. Facts Angove’s Pty Ltd, an Australian winemaker,...

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Patel v Mirza [2016] UKSC 42

Mr Patel paid £620,000 to Mr Mirza for betting on RBS shares using insider information. The scheme failed and Mr Mirza refused to repay. The Supreme Court allowed recovery in unjust enrichment, fundamentally reshaping the illegality doctrine by replacing the rigid reliance test with a flexible public policy approach. Facts...

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Campbell v Gordon (Scotland) [2016] UKSC 38

An apprentice joiner injured by a circular saw sought to hold a company director personally liable for the company's failure to maintain adequate employers' liability insurance under the 1969 Act. The Supreme Court held by majority that no civil liability attached to the director. Facts The appellant, Mr Campbell, was...

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Goluchowski and Sas v District Court and Circuit Court in Poland [2016] UKSC 36

Two Polish nationals challenged European Arrest Warrants seeking their extradition to serve sentences in Poland, arguing the warrants failed to particularise domestic warrants and activation decisions. The Supreme Court dismissed both appeals, clarifying EAW content requirements under section 2(6) of the Extradition Act 2003. Facts The appellants, Maciej Goluchowski and...

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Re D (A Child) [2016] UKSC 34

A Romanian father sought to enforce a Romanian custody order in England under Brussels IIR. After the Court of Appeal refused enforcement, the Supreme Court held it had no jurisdiction to hear a further appeal, as the UK's notification under article 34 limited appeals to the Court of Appeal only....

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Taiwo & Anor v Olaigbe & Ors [2016] UKSC 31

Two Nigerian migrant domestic workers were severely mistreated by their employers who exploited their precarious immigration status. The Supreme Court held that discrimination because of immigration status is not the same as discrimination because of nationality under the Equality Act 2010. Facts Ms Taiwo and Ms Onu were Nigerian nationals...

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Brown & Anor v Stonegale Ltd & Anor [2016] UKSC 30

Companies controlled by Mr Pelosi senior transferred four properties to entities connected with his son after misleading their bank into discharging securities using sale proceeds from a fifth property. The Supreme Court held these were gratuitous alienations challengeable under section 242 of the Insolvency Act 1986. Facts The case concerned...

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Horton v Sadler [2006] UKHL 27

The House of Lords departed from its earlier decision in Walkley v Precision Forgings Ltd, holding that a claimant who issued a first action in time but had to bring a second action out of time could still invoke the section 33 discretion to disapply the limitation period. Facts On...

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P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)

The Supreme Court considered whether living arrangements for three mentally incapacitated individuals amounted to a deprivation of liberty under Article 5 ECHR. The majority established the 'acid test': continuous supervision and control, and not free to leave, regardless of placement comfort or compliance. Facts The appeals concerned three mentally incapacitated...

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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. Facts PJS, a well-known figure in the entertainment industry,...