Local authorities sought injunctions against unidentified Gypsies and Travellers to prevent unauthorised encampments. The Supreme Court held that courts have jurisdiction to grant 'newcomer injunctions' binding persons unknown at the time of the order, subject to compelling justification and procedural safeguards including advertisement of applications and liberty to apply for discharge.
Capita purchased an insurance broker from Mr Wood and later discovered mis-selling. Following self-reporting to the FSA, Capita sought to claim under an indemnity clause in the share purchase agreement. The Supreme Court held the indemnity required a customer claim or complaint and dismissed Capita's appeal.
Wimpey sought to rescind a land purchase contract by invoking a contractual clause regarding compulsory acquisition. The purported rescission was held unjustified as the compulsory purchase procedure had begun before the contract date. The House of Lords held this did not constitute repudiation as Wimpey had genuinely, though mistakenly, believed they were entitled to rescind.
A 10‑year‑old pupil suffered severe brain injury during a school swimming lesson taught by independent contractors. The Supreme Court held that the local education authority potentially owed a non‑delegable duty to ensure reasonable care in such lessons, clarifying when public bodies have personal, non‑delegable duties despite outsourcing.
A professional photographer unfamiliar with horses was injured at a horse show when a competitor's horse veered off course during a galloping competition. The Court of Appeal held the rider was not negligent, establishing that participants in sporting events owe spectators a duty not to show reckless disregard for their safety, but mere errors of judgment do not constitute negligence.
Reginald Woolmington was convicted of murdering his wife, claiming the shooting was accidental. The trial judge directed that he had to prove accident. The House of Lords quashed the conviction, holding that the prosecution must always prove guilt beyond reasonable doubt.
Mazars, a firm of chartered accountants, occupied the second and sixth floors of an office block under separate leases. The Supreme Court held these constituted separate hereditaments for rating purposes, establishing that the geographical test takes primacy over functional considerations.
Mr Macdougall held a lease of office premises from which his company Crest conducted insurance business. Following compulsory acquisition, the business was extinguished. The Court of Appeal considered whether Crest was entitled to disturbance payments under section 37 of the Land Compensation Act 1973 as a licensee in 'lawful possession' and whether Mr Macdougall could claim for loss of his service agreement.
Kathleen Wyatt sought financial provision from her ex-husband Dale Vince, now a wealthy green energy entrepreneur, 19 years after their divorce following a brief, impoverished marriage. The Supreme Court reinstated her application, holding it should not have been struck out under Rule 4.4.
Children alleged serious failings by social services in protection from abuse, and by education authorities in providing for special educational needs. The House of Lords held there was no duty of care in the child protection functions or statutory educational discretions, but allowed limited negligence claims against educational psychologists and teachers.
A mentally handicapped sixteen-year-old girl was sexually assaulted at a care home. Her father could not file a criminal complaint on her behalf due to a gap in Dutch law requiring victims over sixteen to complain personally. The Court found the Netherlands violated Article 8 by failing to provide effective criminal law protection for her physical and moral integrity.
A UK tourist on a Kuoni package holiday in Sri Lanka was raped and assaulted by a hotel electrician who offered to guide her to reception. The Supreme Court referred questions to the CJEU on tour operator liability under the Package Travel Directive.
Mrs X was raped and assaulted by a hotel employee while on a package holiday in Sri Lanka arranged by Kuoni. The Supreme Court held that Kuoni was liable for improper performance of the package travel contract, as the employee's guidance fell within holiday arrangements and the statutory exemptions did not apply.
A legal practitioner alleged that a sheriff assaulted and harassed her during four incidents in 2018. She sought to hold the Crown vicariously liable for the sheriff's alleged delicts. The Supreme Court dismissed the appeal, holding that the relationship between a sheriff and the Scottish Government is not akin to employment due to judicial independence.
Mr Yaxley carried out building works on a property based on an oral agreement that he would receive the ground floor. The Court of Appeal held that section 2 of the 1989 Act did not prevent relief through proprietary estoppel or constructive trust.
Mr Youssef, an Egyptian national, challenged the Foreign Secretary's 2005 decision to lift a hold on his UN Sanctions Committee designation as associated with Al-Qaida. The Supreme Court dismissed his appeal, upholding the reasonable suspicion standard and rejecting torture-taint arguments.
Ukrainian national resisted extradition to Hungary under a European Arrest Warrant, arguing risk of inhuman treatment in Hungarian prisons. The Supreme Court held that evidence of breaches of assurances given to third states is admissible when assessing reliability of diplomatic assurances, but dismissed the appeal as the fresh evidence was insufficient to rebut the presumption of compliance.
Zaha Hadid Ltd appealed against a ruling that its trade mark licence with the Zaha Hadid Foundation, requiring a 6% royalty, was perpetual. The Court of Appeal held the contract was of indefinite duration and terminable by either party on reasonable notice.
The Supreme Court held that a European arrest warrant valid when issued does not become invalid because the particulars later become incomplete; challenges to accuracy lie only in abuse of process. Zakrzewski's aggregated Polish sentence was immaterial, though the appeal was formally dismissed after the warrant's withdrawal.
Zipvit sought to deduct input VAT on Royal Mail postal services which both parties mistakenly believed were exempt. The Supreme Court, following a CJEU reference, held VAT could not be regarded as 'due or paid' where no VAT had been charged or passed on.
Zipvit claimed input VAT deductions for postal services from Royal Mail that were mistakenly treated as VAT-exempt by all parties. The Supreme Court referred questions to the Court of Justice regarding whether VAT could be deemed 'paid' or 'due' when neither party charged nor accounted for it, and whether alternative evidence could replace compliant VAT invoices.
Abu Zubaydah, detained by the CIA and allegedly tortured at secret 'black sites' in six countries, sued UK security services for sending interrogation questions knowing torture would occur. The Supreme Court held English law applies under section 12 of the Private International Law (Miscellaneous Provisions) Act 1995, displacing the general rule favouring the laws of the countries where injuries were sustained.
A Guernsey gas employer exposed an employee to asbestos over 27 years but was insured with Zurich for only six. The Supreme Court held that, under Barker, the employer’s and insurer’s liability for damages was proportionate to insured exposure, but defence costs were fully recoverable.