Brinkibon, a London company, sent acceptance of a contract by telex to Stahag in Vienna. The House of Lords held that for instantaneous communications like telex, a contract is formed where acceptance is received, thus the contract was formed in Austria, not England.
Two consignments of cigarettes were lost during international road carriage subject to the CMR Convention. BAT sought to sue Dutch sub-contractor successive carriers in England alongside the English main carrier. The Supreme Court held English jurisdiction could not be established against the successive carriers under CMR.
Dr Singh wrote that the British Chiropractic Association promoted 'bogus treatments' for children without evidence. The trial judge ruled this was a factual assertion requiring proof. The Court of Appeal held the statement was opinion, not fact, protecting it as fair comment and free expression.
A dragline crane hired urgently by the defendants sank into marshy ground without fault from either party. The Court of Appeal held that standard trade conditions were incorporated into the oral contract due to both parties' knowledge of such conditions in the plant hire trade, making the hirer liable for recovery costs.
The House of Lords held (3:2) that a contractual clearing house arrangement between airlines, which purported to settle mutual indebtedness through a multilateral netting system operated by IATA, could not displace the statutory requirement that an insolvent company's assets be distributed pari passu amongst unsecured creditors. Such "contracting out" of the statutory insolvency scheme was held to be contrary to public policy. The case remains the leading authority on the anti-deprivation principle, though its scope has since been clarified by the courts.
British Steel delivered steel nodes after receiving a letter of intent but before a formal contract was concluded. When negotiations failed and payment was refused, the court held no contract existed but allowed recovery on a quantum meruit basis for work done.
BT sought to introduce new termination charges for calls to 08 numbers, linked to mobile operators' charges to callers. Ofcom rejected the changes; the Supreme Court held BT had a contractual right to vary charges unless inconsistent with the Framework Directive's Article 8 objectives.
BIG sought to enforce an oral agreement requiring transfer of shares to a joint venture company (SS Plc). The defendant argued BIG's claim was barred by the reflective loss rule in Prudential. The Court of Appeal held section 4 of the Contracts (Rights of Third Parties) Act 1999 preserved BIG's rights as promisee, preventing the Prudential rule from barring their claim.
Four British citizens detained under anti-terrorism legislation in Northern Ireland claimed compensation following the European Court's earlier finding that their detention violated Article 5(3) and 5(5) of the Convention. The Court held that the finding of violations in the principal judgment itself constituted sufficient just satisfaction.
Four applicants were arrested and detained under the Prevention of Terrorism Act 1984 for periods ranging from four to six days without being brought before a judge. The Court found that detention exceeding four days without judicial oversight violated the requirement of 'promptness' under Article 5(3) ECHR, even in terrorism cases.
Brogden supplied coal to the Metropolitan Railway Company for years. When they attempted to formalise the arrangement, Brogden added terms to a draft contract and returned it marked 'approved', but no formal agreement was executed. Both parties acted on the terms. The House of Lords held a contract arose by conduct.
Duwayne Brooks, present during Stephen Lawrence's racist murder, claimed police owed him duties of care as victim and witness. The House of Lords held that police investigating crime owe no common law duty of care to victims or witnesses that would impede their crime-fighting functions, affirming the Hill principle.
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.
The Ridleys sought registration of disputed land adjacent to their property based on adverse possession. The key issue was whether reasonable belief of ownership must persist until the application date or merely for ten years within the adverse possession period. The Supreme Court held the latter construction applies, restoring the Ridleys' entitlement to registration.
Miss Brown was suspected of drink-driving and was required under section 172(2)(a) of the Road Traffic Act 1988 to identify herself as the driver. The Privy Council held that using her compelled admission at trial did not breach her Article 6 right to a fair trial, as the privilege against self-incrimination is not absolute and the statutory requirement was proportionate to the legitimate aim of road safety.
A prisoner serving an extended sentence for culpable homicide was recalled to custody after reoffending on licence. He claimed inadequate rehabilitation courses breached article 5 ECHR. The Supreme Court dismissed his appeal, holding the rehabilitation duty applies to extended sentences but was not breached.
The appellant disrupted a Wimbledon tennis match to protest South African apartheid. Magistrates found his behaviour was not 'insulting' under section 5 of the Public Order Act 1936. The House of Lords upheld this, ruling that 'insulting' carries its ordinary meaning and whether behaviour is insulting is a question of fact, not law.
AWA Ltd paid a dividend to its parent company Sequana SA when solvent but facing a real risk of future insolvency due to uncertain environmental liabilities. The Supreme Court held that directors have a duty to consider creditor interests when a company is insolvent or bordering on insolvency, but not merely when there is a real risk of future insolvency. The appeal was dismissed.
BTI claimed directors of AWA breached their duty to creditors by paying a dividend to parent company Sequana, reducing assets available to meet contingent indemnity liabilities. The Court of Appeal upheld the section 423 claim against Sequana for defrauding creditors but dismissed the breach of duty claim, finding the creditors' interests duty was not triggered as AWA was not insolvent or likely to become so.
Professor Buckland resigned after the university re-marked his exam papers without authority, undermining his integrity. The Court of Appeal held that the test for repudiatory breach in employment is objective, not 'range of reasonable responses', and that a repudiatory breach, once committed, cannot be unilaterally cured.
Four appellants challenged immigration decisions refusing them asylum as refugees. The House of Lords established that courts must apply anxious scrutiny when reviewing decisions that may put an applicant's life at risk. Three appeals were dismissed but Musisi's appeal was allowed due to inadequate consideration of risks of return to Kenya.
Buyers failed to give the contractually required 15 consecutive days' notice before shipment of soyabean meal. The House of Lords held this time stipulation was a condition, breach of which entitled sellers to rescind regardless of actual consequences. The case clarified the distinction between conditions and innominate terms in mercantile contracts.
Sellers prematurely cancelled a wheat sale contract citing a Russian export ban that had not yet taken effect. Buyers accepted the repudiation and claimed substantial damages under GAFTA 49's default clause. The Supreme Court held that the compensatory principle in The Golden Victory applied, and as the ban would have prevented performance anyway, only nominal damages were recoverable.
Mr Fox-Davies, operating a business tracing lost shareholders, requested a copy of Burberry's register of members to contact lost shareholders and charge commission for reconnecting them with their shares. The Court of Appeal upheld the refusal, finding the request failed to comply with statutory requirements and was not made for a proper purpose.
During WWII, the British Government ordered destruction of Burmah Oil's installations in Burma to prevent them falling into Japanese hands. The House of Lords held by majority that the Crown's exercise of prerogative required payment of compensation, prompting Parliament to pass the War Damage Act 1965 reversing the decision.
October 4, 2026
National Case Law Archive
October 4, 2026
National Case Law Archive
October 4, 2026
National Case Law Archive