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The appellant (NML) is a Cayman Island Company.
It is an affiliate of a New York based hedge fund of a type sometimes described as a vulture fund.
Vulture funds feed on the debts of sovereign states that are in acute financial difficulty by purchasing sovereign debt at a discount to face value and then seeking to enfor... | This appeal relates to bonds issued by the respondent, the Republic of Argentina (Argentina), in respect of which, together with all its other debt, Argentina declared a moratorium in December 2001.
The appellant NML Capital Limited (NML) is an affiliate of a New York based hedge fund, which purchased the bonds at litt... |
This appeal raises difficult and important issues about the effect of adjudication pursuant to provisions implied into a construction contract under section 108(5) of the Housing Grants, Construction and Regeneration Act 1996, read with the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998... | Aspect Contracts (Asbestos) Limited (Aspect) contracted with Higgins Construction Plc (Higgins) to survey and report on a block of maisonettes which Higgins was considering redeveloping.
Aspects report was dated 27 April 2004.
During the redevelopment in 2005, Higgins discovered asbestos not identified in Aspects repor... |
The Supreme Court has before it appeals by four individuals, VB, CU,CM and EN, whose extradition is requested by the respondent, the Government of Rwanda (GoR), so that they may stand trial in Rwanda for crimes allegedly committed during the civil war which took place between April and July 1994.
Memoranda of Understan... | The issues in this appeal are (a) whether, in the absence of any statutory power, a District Judge in extradition proceedings has the power to admit the evidence in a closed material hearing (without disclosing it to the State requesting extradition); and alternatively (b) whether, in such proceedings, a witness anonym... |
In April 2012 the Supreme Court considered a case called Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004, where the facts were strikingly similar to those here.
In that case, as in this one, the claimant suffered an injury at work which was caused by the negligence or breach of duty of his employer.
In... | The respondent, Mr Hayward, suffered an injury at work in June 1998.
Mr Hayward brought proceedings and the employer admitted liability, but he deliberately and dishonestly exaggerated the extent of the injury in order to achieve a higher settlement figure of 134,973.11 from the appellant, the employers liability insur... |
This case is about the employment status of district judges, but it could apply to the holder of any judicial office.
The issue is whether a district judge qualifies as a worker or a person in Crown employment for the purpose of the protection given to whistle blowers under Part IVA of the Employment Rights Act 1996 (t... | The issue in the appeal is whether a District Judge qualifies as a worker or a person in Crown employment for the purpose of the protection given to whistle blowers under Part IVA of the Employment Rights Act 1996 (the 1996 Act).
If not, is this discrimination against her in the enjoyment of her right to freedom of exp... |
This appeal concerns the correct approach in law to a request for environmental information when the public authority holding the information relies upon more than one of the exceptions to the duty to disclose such information.
Is each exception to be addressed separately, by considering whether the interest served by ... | The Information Commissioner ordered the disclosure of information held by Ofcom concerning the precise location of mobile phone masts.
On appeal, the Information Tribunal found that the public interest in public security, and in the protection of intellectual property rights, were both engaged but that under each sepa... |
SeaFrance SA was a subsidiary of the French state rail group SNCF.
It operated a ferry service between Dover and Calais until 16 November 2011, when it went into liquidation in France and its operations ceased.
On 2 July 2012, in circumstances which I will describe more fully below, substantially all of its assets were... | SeaFrance SA, a French company, operated a ferry service between Dover and Calais until it ceased operations on 16 November 2011.
It was formally liquidated on 9 January 2012, and most of its employees were dismissed.
Groupe Eurotunnel SA (GET), the parent company of the Group operating the Channel Tunnel, and Socit Co... |
The world community recognises human trafficking and modern slavery as twin evils requiring a world wide response.
The United Kingdom is party to both the 2000 Palermo Protocol (the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Conventio... | The Appellant, MS, is a Pakistani national who entered the UK in 2011 at the age of 16 on a visitors visa.
During the four preceding years, while still in Pakistan, he had been subjected to forced labour and physical abuse by relatives.
One of them, his step grandmother, brought him to the UK by deceiving him into thin... |
Black and Veatch Corp (BV) is an engineering company incorporated in Delaware.
This appeal concerns the top layer of its professional liability insurance programme for the year from 1 November 2007.
The first or primary layer was with Lexington Insurance Co (Lexington).
There are then three successive excess layers (de... | This appeal concerns the order in which claims made by an insured exhaust layers of insurance cover under a programme of professional liability insurance.
Black and Veatch Corp (BV) is a firm of architects and engineers incorporated in Delaware, USA.
BV purchased a programme of professional liability insurance containi... |
PH has severe physical and learning disabilities and is without speech.
He lacks capacity to decide for himself where to live.
Since the age of four he has received accommodation and support at public expense.
Until his majority in December 2004, he was living with foster parents in South Gloucestershire.
Since then he... | This appeal concerns PH, a young man with physical and learning disabilities, who was born in Wiltshire in 1986.
He lacks capacity to decide for himself where he lives.
Since 1991, PH has been living with foster parents in South Gloucestershire.
In 1991 PHs parents moved away from Wiltshire to Cornwall.
PH occasionally... |
In this case an estate agent claims that commission became payable to him by the vendor of a number flats on the completion of the sale of those flats to a purchaser which he had introduced to the vendor.
It gives rise to two issues.
The first, raised on appeal by the agent, concerns the agreement between the agent and... | The appeal concerns an estate agent, Mr Devani, who claims that commission became payable to him by Mr Wells, the vendor of a number flats, on the completion of the sale of the flats to a purchaser Mr Devani had introduced to Mr Wells.
In 2007 the vendor, Mr Wells, completed the development of a block of flats.
By the ... |
When a court grants a decree of divorce, nullity of marriage or judicial separation it has the power to order ancillary relief.
Ancillary relief governs the financial arrangements between the husband and the wife on the breakdown of their marriage.
Sometimes the husband and wife have already made an agreement governing... | This appeal concerns the principles to be applied when a court, in considering the financial arrangements following the breakdown of a marriage, has to decide what weight should be given to an agreement between the husband and wife made before the marriage (an ante nuptial agreement, often referred to as a pre nuptial ... |
This appeal concerns a planning permission granted on 29 July 2009 for a proposed three mile (4.7km) stretch of roadway to provide a rapid bus service between Fareham and Gosport in South East Hampshire.
The permission was challenged on environmental grounds including not least its likely impact on several species of E... | This appeal concerns, first, the meaning of the obligation imposed on the United Kingdom by the Habitats Directive, a European legislative instrument, to prohibit deliberate disturbance of certain species of bats.
It concerns, secondly, the scope of the obligation in domestic legislation on planning authorities to have... |
Sexual offences can inflict harm whose consequences persist throughout the lives of their victims and some sexual offenders never lose their predisposition to commit sexual offences.
Section 82 of the Sexual Offences Act 2003 (the 2003 Act) imposes on all who are sentenced to 30 months imprisonment or more for a sexual... | Under section 82 Sexual Offences Act 2003 all persons sentenced to 30 months imprisonment or more for a sexual offence become subject to a lifelong duty to keep the police notified of where they are living and of travel abroad (the notification requirements).
There is no right to a review of the necessity for the notif... |
On 18 January 2005, at about 2.20 am, a tragic incident occurred on the A282 north of the Dartford River Crossing.
The A282 is a six lane carriageway which links the Dartford Crossing bridge and tunnel with the M25 motorway.
The respondent, Mr Gareth Jones, was driving a Highways Agency gritter along the nearside carri... | On 18 January 2005, at about 2.20 am, a tragic incident occurred on the A282, a six lane carriageway which links the Dartford Crossing bridge and tunnel with the M25 motorway.
Mr Jones was driving a Highways Agency gritter along the nearside carriageway.
Slightly ahead of him, in the central lane of the carriageway, wa... |
The road to hell is paved with good intentions.
In this case the good intentions were to introduce mandatory rehabilitation for very short term prisoners by coupling time spent in custody with a release period under licence.
This was known as custody plus.
Hell is a fair description of the problem of statutory interpre... | This appeal concerns the inter relationship between the sentencing provisions of the Criminal Justice Act 1991 (the 1991 Act) and the Criminal Justice Act 2003 (the 2003 Act).
Under the 1991 Act it became mandatory for the Secretary of State to release prisoners part way through the period of their sentence.
Home Deten... |
This appeal concerns the operation of section 1 of the Crime (International Co operation) Act 2003.
That section gives the Secretary of State for the Home Department (who is the appellant in these proceedings) power to serve on a person in the United Kingdom any process or other document at the request of a foreign gov... | Mr Mamdouh Ismail, the Respondent, is an Egyptian national who was chairman of the board of the El Salam Maritime Transportation Company.
On 3 February 2006, a ferry operated by the company sank in the Red Sea and more than 1000 people lost their lives.
Mr Ismail and his son, who was a director and vice chairman of the... |
This appeal concerns the effectiveness of a scheme, known as Project C, which was designed to minimise the overall liability to VAT of a group of companies involved in motor breakdown insurance (MBI).
Summarising matters which I shall at a later point explain in greater detail, the supply of insurance is exempt from VA... | This appeal concerns the effectiveness of a scheme (Project C) which was designed to minimise the liability to VAT of a group of companies (Oriel) involved in providing motor breakdown insurance (MBI).
The supply of insurance is exempt from VAT.
Insurers therefore neither charge VAT on premiums nor account to Her Majes... |
This appeal concerns the type of investments which those who administer the local government pension scheme are permitted to make or to continue to hold.
More particularly, it concerns the breadth of the ethical investments which they are permitted to make or to continue to hold.
By an ethical investment, I mean an inv... | This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme (the scheme) are permitted to make.
An ethical investment can be defined as one made not, or not entirely, for commercial reasons but in the belief that social, environmental, political ... |
On 22 January 2014, we gave judgment in Marley v Rawlings [2014] UKSC 2, [2014] 2 WLR 213, in which we allowed Mr Marleys appeal against the Court of Appeals dismissal of his appeal against the decision of Proudman J. She had refused to admit to probate a document as the validly executed will of Alfred Rawlings (the wi... | This appeal related to wills made by a Mr and Mrs Rawlings.
They each intended to make wills leaving their respective estates to the other, and, if the other had already died, to the appellant, Mr Marley.
Owing to an oversight by their solicitor (the Solicitor), Mr Rawlings signed the will meant for Mrs Rawlings, and M... |
Supplies of education to students in the United Kingdom are exempt from value added tax (VAT) if they are made by a college of a university within the meaning of Note 1(b) to Item 1, Group 6 of the Value Added Tax Act 1994 (the VAT Act).
This appeal concerns the criteria to be applied in determining whether an undertak... | Supplies of education to students in the United Kingdom are exempt from value added tax (VAT) if they are made by a college of a university within the meaning of Note 1(b) to Item 1, Group 6 of the Value Added Tax Act 1994 (the VAT Act).
The appellant (SEL) contends that its supplies of education to students in the Uni... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
Private Jason Smith joined the Territorial Army in 1992, when he was 21 years old.
In June 2003 he was mobilised for service in Iraq.
On 26 June 2003, after a brief spell in Kuwait for purposes of acclimatisation, he arrived at Camp Abu Naji, which was to be his base in Iraq.
From there he was moved to an old athletics... | Private Jason Smith, a member of the Territorial Army since 1992, was mobilised for service in Iraq in June 2003.
After acclimatising for a short period in Kuwait he was sent to a base in Iraq, from where he was billeted in an old athletics stadium.
By August the daytime temperature in the shade was exceeding 50 degree... |
This appeal raises important issues concerning the principle of open justice: in particular, issues concerning the legal basis of the principle, the circumstances in which it can be departed from and the procedure which should be followed.
The appeal is brought by the BBC in order to challenge an order made by the Cour... | A, a foreign national, arrived in the UK in 1991.
He was later granted indefinite leave to remain, but in 1996 was sentenced to four years imprisonment for sexual offences against a child.
In 1998, he was served by the Home Secretary with a notice to make a deportation order [4].
A appealed against the decision and pro... |
St Andrews is renowned throughout the world as the home of golf.
It is also famous for its university, the third oldest in the English speaking world.
It is an attractive town, set between the sea and the rural hinterland of Fife, with many historic buildings and a skyline familiar to millions from television coverage ... | The Appellant challenges the adequacy of the reasons given by the Scottish Ministers (the Ministers) for their decision to approve Fife Councils policies for the future development of St Andrews.
She is concerned that, if implemented, those policies will cause irreversible damage to the landscape setting of the town.
I... |
The ability of asylum seekers who make unsuccessful claims to be allowed to remain to discover further reasons why they should not be removed from the country where they seek refuge is an inescapable feature of any system that is put in place to meet a States obligations under the Geneva Convention on the Status of Ref... | BA and PE were each served a deportation order after unsuccessful appeals on human rights and asylum grounds against the decision to deport them.
Both unsuccessfully made further submissions to the Secretary of State in an attempt to have the order revoked.
They then applied to judicially review the decision not to rev... |
The respondents to the Lord Advocates appeal in these three cases are Raymond Jude, Michael Hodgson and Josh Birnie.
They were each detained as suspects for questioning at a police station under sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995.
Their detentions took place prior to the decision of this c... | The Respondents were each detained as suspects for questioning at a police station under sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995.
Their detentions took place prior to the decision of this Court in Cadder v HM Advocate [2010] UKSC 43, and they did not have access to legal advice either before or... |
These proceedings were brought by the Financial Conduct Authority (FCA) against Asset Land Investment plc and associated parties, alleging the carrying on of regulated activities without authorisation, contrary to section 19 of the Financial Services and Markets Act 2000 (FSMA).
The activities in question related to sa... | These were proceedings brought by the Financial Conduct Authority (FCA) against Asset Land Investment plc and associated parties (Asset Land) and its principal owner and director Mr Banner Eve, alleging they had carried on a of regulated activities without authorisation, namely the operation of collective investment sc... |
These appeals require the Court to consider once again the impact of article 2 of the European Convention on Human Rights (the Convention) on the scope of an inquest.
They arise because of a change that the Grand Chamber of the Strasbourg Court has made as to the nature of the obligations imposed by article 2.
I shall ... | The appellants are the next of kin of Martin McCaughey and Dessie Grew, who were shot and killed by members of the British Army on 9 October 1990.
They believe that the men were the victims of a shoot to kill policy.
In 1994 the Director of Public Prosecutions decided that no prosecutions should be brought and the pape... |
This appeal raises a question of some importance on the law relating to occupational pension schemes.
The agreed statement of facts and issues (SFI) sets out three issues, but they are all variations on the same general theme, that is the dividing line, for regulatory purposes, between defined benefit (normally earning... | The subject of the appeal is an occupational pension scheme known as the Imperial Home Dcor Pension Scheme (the Scheme), which is winding up and has a significant deficit.
The appeal is concerned with the dividing line, for regulatory purposes, between defined benefit (normally earnings related) schemes and defined con... |
This appeal raises a question about what the grantee of a deed who has been provided with a defective title needs to establish in order to obtain a remedy under the granters obligation of absolute warrandice.
By including a clause of warrandice in a disposition of property which he has sold to the grantee, the seller w... | In 2004, the Respondent, Mrs Rae, sold land to Ransom Developments Ltd (RDL).
Her disposition contained the words and I grant warrandice.
In Scots law, warrandice is a contractual warranty of title given impliedly if not expressly by a seller to a purchaser.
The seller will only be obliged to indemnify the purchaser in... |
This is a test case brought against the Commissioners for Her Majestys Revenue and Customs (HMRC) by the Prudential Assurance Co Ltd (PAC).
PAC is a typical United Kingdom-resident recipient of dividends on portfolio investments overseas, representing less (usually much less) than 10% of the relevant overseas companies... | Prudential Assurance Company (PAC) is a test claimant in this litigation, which relates to periods running from 19902009 and concerns the tax treatment of UK resident companies that received dividends from portfolio shareholdings (i.e. where the investor holds less than 10% of the voting power in the company) in overse... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
This appeal gives the Supreme Court the opportunity to revisit the decision of the House of Lords in Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432.
That case, like this, was concerned with the determination of the beneficial interests in a house acquired in joint names by an unmarried couple who intended it to be thei... | This case concerns the correct approach to calculating beneficial interests in property where the legal title to the property is held in joint names by an unmarried couple but there is no express statement of how it is to be shared.
Ms Jones and Mr Kernott met in 1981.
They had two children together.
In 1985 they purch... |
Between 2003 and 2008, John Worboys, the driver of a black cab in London, committed a legion of sexual offences on women.
The first respondent in these proceedings (who has been referred to throughout as DSD) was among his first victims.
She was attacked in 2003.
The second respondent (NBV) became Worboys victim in Jul... | Between 2003 and 2008, John Worboys, the driver of a black cab in London, committed sexual offences against many women.
The respondents were two of his victims and both reported their assault to the police.
DSD was one of Worboys first victims.
She was attacked in 2003.
After her assault Worboys was not identified as h... |
This appeal raises the issue whether, as the appellants contend, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with cu... | Internet protocol television (IPTV) is a way of delivering TV or video content over the internet.
IPTV can be closed circuit or over the top.
The appellants (PCCM) are a substantial group of companies based in Hong Kong which has provided a closed circuit IPTV service in Hong Kong since 2003.
Since 2006 the service has... |
A refugee who has been granted a right of lawful presence in the receiving state needs the assurance that this right will not be withdrawn, with the result that he or she may again become an uprooted person in search of refuge.
That assurance is given by article 32(1) of the Geneva Convention relating to the Status of ... | The Appellant is a national of Eritrea.
But she was born in Ethiopia on 2 July 1981, where she lived continuously until she departed for the United Kingdom in July 1998.
On arrival, she claimed protection as a refugee on the grounds of a fear of persecution in Eritrea.
She also claimed that she could not go back to Eth... |
This appeal is about compulsory acquisition of private property by local authorities under the Town and Country Planning Act 1990 (the 1990 Act) in connection with the development or re development of land.
It raises for the first time, in the context of compulsory acquisition, a number of controversial issues which ha... | The Town and Country Planning Act 1990 gives a power to local authorities to acquire compulsorily any land in their area if the authority thinks that the acquisition will facilitate the carrying out of development on the land and if it thinks that the development is likely to contribute to the well being of the overall... |
This appeal is all about the Secretary of States right to recover certain social security benefits.
As everyone knows, a large amount of public money is spent upon a whole range of such benefits.
Entitlement to these in all cases requires first a claim and then an award.
Inevitably on occasion overpayments occur.
Somet... | This appeal concerns the question whether, in cases of social security benefit awards mistakenly inflated due to a calculation error, the Secretary of State is entitled to recover sums overpaid under the common law of unjust enrichment or whether section 71 of the Social Security Benefits Act 1992 (the 1992 Act) provid... |
The appellant Shaun Docherty fell to be sentenced in the Crown Court for offences of serious violence.
He was on any view a high risk of further, and perhaps worse, serious violence.
At the time when he was sentenced the statutory scheme for the sentencing of offenders who represent a future public danger was in the co... | The appellant Shaun Docherty was convicted on 13 November 2012 of serious violent offences under s.18 of the Offences against the Person Act 1861.
He had displayed a clear pattern of aggressive offending and posed a high risk of serious further violence.
The nature of Dochertys offences was such that he fell under the ... |
This appeal concerns the proper ambit of the offence of aggravated trespass contrary to section 68 of the Criminal Justice and Public Order Act 1994 (the 1994 Act).
That section provides, so far as material: (1) A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful ... | Ahava was a shop in Covent Garden, London, which mainly sold beauty products processed from Dead Sea mineral materials.
The products were factory produced by an Israeli company, in an Israeli settlement located in the West Bank and therefore within the Occupied Palestinian Territory (OPT).
It was said that the factory ... |
In 1680, in the city of Rheims, Jean Baptiste De La Salle founded an Institute known as the Brothers of the Christian Schools (the Institute).
The members of the Institute are lay brothers of the Catholic Church.
They are now to be found in many countries, including the United Kingdom.
Their Rules, approved by Papal Bu... | The Institute of the Brothers of the Christian Schools (the Institute) was founded in 1680 with the mission to teach children, and its members are lay brothers of the Catholic Church.
The question arising in this appeal is whether the Institute is responsible in law (vicariously liable) for alleged acts of sexual and p... |
These appeals raise issues as to the respective duties of the Secretary of State and the First tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, more particularly as to the operation of the so called one stop procedures.
The Master of the Roll... | These appeals concern refusals of leave to remain.
Mr Patel and his wife, Mrs Patel (the Patels), arrived from India in the UK on 24 March 2009.
Mr Patel had been granted leave to enter as a working holiday maker until 6 March 2011, and Mrs Patel had been granted leave as his dependent wife.
Their only child was born h... |
The appellant, VTB Capital plc (VTB), is incorporated and registered, and authorised and regulated as a bank, in England.
It is majority owned by JSC VTB Bank (VTB Moscow), a state owned bank based in Moscow.
The first, second and fourth respondents are, respectively, Nutritek International Corp (Nutritek), Marshall Ca... | In 2007, VTB Capital plc (VTB), an English incorporated bank, entered into agreements (the agreements) with Russagroprom LLC (RAP), a Russian company.
Under the agreements, VTB loaned US$225,050,000 to RAP, primarily to enable RAP to buy six Russian dairy companies and three associated companies (the dairy companies) f... |
The issue in this case is whether and in what circumstances a judge who has announced her decision is entitled to change her mind.
The issue arises in the context of fact finding hearings in care proceedings in a family court, but it could obviously arise in any civil or family proceedings.
So a subsidiary question is ... | The issue in this appeal is whether and in what circumstances a judge who has announced her decision in civil or family proceedings is entitled to change her mind.
It arose in this case in care proceedings in a family court.
The proceedings concern a child (S) and her half brother (T).
Care proceedings were commenced i... |
Between August 2005 and April 2011 Mr Smith, the respondent, who is by trade a plumbing and heating engineer, did work for Pimlico Plumbers Ltd (Pimlico), the first appellant, which conducts a substantial plumbing business in London.
Mr Mullins, the second appellant, owns Pimlico.
in an employment tribunal (the tribuna... | The Respondent, Mr Gary Smith, is a plumbing and heating engineer.
Between August 2005 and April 2011 Mr Smith worked for the First Appellant Pimlico Plumbers Ltd a substantial plumbing business in London which is owned by the Second Appellant, Mr Charlie Mullins.
Mr Smith had worked for the company under two written a... |
On 20 October 2010, following a trial before a judge and jury at Belfast Crown Court, Angeline Mitchell was convicted of the murder on 11 May 2009 of Anthony Robin.
Ms Mitchell and Mr Robin had been partners and had lived together for about three years.
They had separated some time before May 2009 but they continued oc... | The respondent Ms Mitchell was convicted of the murder on 11 May 2009 of her former partner Anthony Robin.
At the trial, she did not dispute that she had stabbed Mr Robin, but said she had acted in self defence.
She also claimed that she had been provoked and that she did not have the intention to kill him or cause him... |
This appeal concerns the interpretation of service charge contribution provisions in the leases of a number of chalets in a caravan park in South Wales.
The facts
The facts may be summarised as follows (although they are more fully set out by Lord Carnwath in paras 81 to 103).
Oxwich Leisure Park is on the Gower Penins... | Oxwich Leisure Park contains ninety one chalets, each of which is let for a period of 99 years from 25 December 1974 on very similar terms.
The Appellants are the current tenants under 25 of the leases. 21 of these leases were granted between 1978 and 1991.
Clause 3(2) of each lease contains a covenant to pay a service... |
This is litigation on a large scale.
Between May 2005 and February 2009, Mr Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a bank incorporated in Kazakhstan.
It is alleged that during this period, he embezzled some US$6 billion of the Banks funds.
In February 2009, the Bank was nationali... | From 2005 to 2009 Mr Mukhtar Ablyazov was the chairman and controlling shareholder of the respondent, a bank incorporated in Kazakhstan.
He was removed from office when the bank was nationalised in 2009.
He fled to England where he obtained asylum.
The bank brought various claims against him in the High Court.
The bank... |
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (IPP).
This is another case in which courts have had to address the practical and legal issues resulting from this innovation.
To impose a sentence of IPP the court had (inter alia) to be ... | This case concerns the proper test to be applied by the Parole Board when determining whether to direct the release of a person subject to a sentence of imprisonment for public protection (IPP).
On 19 May 2006 the appellant punched a man during a fight outside a pub.
The man fell backwards, struck his head on the groun... |
This judgment is given in unusual circumstances.
The Secretary of State, as respondent to these appeals, has applied pursuant to rule 34(2) of the Supreme Court Rules 2009 for these appeals to be allowed by consent.
The appellants of course agree.
However, this court took the view that we could not make an order allowi... | The appellants made false representations in their applications for United Kingdom citizenship.
The issue in these appeals is whether those misrepresentations made the subsequent grant of citizenship to them a nullity rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the ... |
The anti deprivation rule and the rule that it is contrary to public policy to contract out of pari passu distribution are two sub rules of the general principle that parties cannot contract out of the insolvency legislation.
Although there is some overlap, they are aimed at different mischiefs: Goode Perpetual Trustee... | This appeal concerns the application of the anti deprivation rule, a principle of insolvency law that contractual terms purporting to dispose of property on bankruptcy may be invalid as being in fraud or an evasion of the bankruptcy law.
This appeal arises out of the insolvency of the Lehman Brothers group, including t... |
The central question in this appeal is whether the appellants have suffered actionable personal injury on which they can found claims for negligence/breach of statutory duty.
I will refer to the appellants hereafter as the claimants as they were at first instance.
The claimants worked for the respondent company, Johnso... | The Appellants worked for the Respondent in factories making catalytic converters.
In breach of its duty, under the health and safety regulations and at common law, the Respondent failed to ensure that the factories were properly cleaned and, as a result, the Appellants were exposed to platinum salts.
This exposure led... |
Ben Belacum Makhlouf was born in Tunisia on 18 July 1971.
On 4 June 1996 he married Ruth Henderson.
She came from Northern Ireland and was a citizen of the United Kingdom.
The marriage took place in Tunisia.
On 13 November 1997, Mrs Makhlouf gave birth to their only child, a daughter called Sarah Jayne.
She was born in... | This is an appeal against an order for the deportation of a foreign criminal who has children who are citizens of and resident in the United Kingdom.
The appellant was born in Tunisia.
In 1996 he married a UK citizen and they had a daughter, born in Northern Ireland, in 1997.
Shortly after the birth, the appellant join... |
This appeal raises a short question on the operation by the respondent Commissioners (HMRC) of the Construction Industry Scheme under the Finance Act 2004 (the Act).
The appellant company (the company) was registered for gross payment under the scheme.
As is now accepted, it failed to comply with the requirements of th... | This appeal concerns the legislation which governs the Construction Industry Scheme (the CIS), which was introduced in order to counter widespread tax evasion by sub contractors in the construction industry.
It requires certain contractors to deduct and pay over to Her Majestys Revenue and Customs (HMRC) a proportion o... |
This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction (25 October 1980) (the Abduction Convention).
It raises general questions relating to: the place which the habitual residence of the child occupies in the (1) scheme of that Convention, and (2) whether and when a wrongful re... | This matter centres around a married man and woman who, until 2015, had been living together in Australia with their two children.
By the end of 2014 the marriage was in difficulties.
The mother, who holds British citizenship, wanted to make a trip to England with the children before returning to work from maternity le... |
This appeal is concerned with claims for first year allowances (FYAs) under the Capital Allowances Act 2001 (CAA 2001) in respect of expenditure on software rights.
The claims were made by two limited liability partnerships, the respondents Tower MCashback 1 LLP (LLP1) and Tower MCashback 2 LLP (LLP2).
The two claims w... | This appeal raises two issues of tax law.
The first (the procedural issue), of general importance to the self assessment regime, concerns the scope of arguments which may be advanced by HMRC in a taxpayers appeal against a closure notice which the HMRC issues to conclude its enquiry into a tax return.
The second issue ... |
On 1 January 1973, the United Kingdom became a member of the European Economic Community (the EEC) and certain other associated European organisations.
On that date, EEC law took effect as part of the domestic law of the United Kingdom, in accordance with the European Communities Act 1972 which had been passed ten week... | Article 50 of the Treaty on the European Union provides, in summary terms, that, if a member state decides to withdraw from the European Union (the EU) in accordance with its own constitutional requirements, it should serve a notice of that intention (a Notice), and that the treaties which govern the EU (the EU Treatie... |
On 11 December 2013 an International Centre for Settlement of Investment Disputes (ICSID) tribunal made a final investment arbitration award (the Award) in favour of the Respondents to this appeal (the Claimants) against the appellant (Romania).
The Award related to investments made by the Claimants in food production ... | The appeals arise out of the attempted enforcement of an investment arbitration award (the Award) in favour of the Respondents to this appeal (the Claimants) against the Appellant (Romania) in relation to investments made by the Claimants in food production in Romania before the country acceded to the European Union (E... |
This appeal concerns the legality under the Human Rights Act 1998 and the European Convention on Human Rights and Fundamental Freedoms (Human Rights Convention or the Convention) of an Enhanced Criminal Record Certificate (ECRC) issued in respect of the appellant (AR) under section 113B of the Police Act 1997.
The cert... | This appeal concerns the legality under the Human Rights Act 1998 of an Enhanced Criminal Record Certificate (ECRC) issued in respect of the appellant (AR) under section 113B of the Police Act 1997.
An ordinary Criminal Records Certificate is limited to the facts of convictions or cautions or their absence.
By contrast... |
At common law, if an insured makes a fraudulent claim on his insurer, the latter is not liable to pay the claim.
In relation to contracts concluded after 12 August 2016, the rule has been restated and its other consequences defined in section 12 of the Insurance Act 2015.
The question at issue on this appeal is what co... | The issue on this appeal was whether the insurers of a ship were entitled to repudiate liability on the ground that the insured had told a lie in presenting the claim, if the lie proved to be irrelevant to the insurers liability.
The vessel DC MERWESTONE was incapacitated by a flood in her engine room.
Her main engine ... |
Iceland is one of the most productive countries per capita in the world.
It ranks high in economic and political stability.
But the global financial crisis of 2008 exposed its dependence on the banking sector, and in the autumn of that year the nations entire banking system failed.
The dispute which has given rise to t... | The dispute which has given rise to this appeal is a product of the failure of Icelands entire banking system in the autumn of 2008.
The issue is how cross claims between two credit institutions are to be dealt with in insolvency proceedings in two different states in the European Economic Area (the EEA).
Landsbanki Is... |
This appeal and cross appeal raise important questions about the compatibility of two statutory regimes, namely the adjudication of construction disputes and the operation of insolvency set off.
In bare outline, section 108 of the Housing Grants, Construction and Regeneration Act 1996 (the 1996 Act) confers a right upo... | This case is about the relationship between (a) the adjudication regime for building disputes and (b) a rule of insolvency law called insolvency set off.
Adjudication was introduced by Parliament in 1996 to help resolve disputes in the building industry.
Parties to a construction contract have the right to refer their ... |
There are three cases before the Court, two on appeal from the Court of Appeal of England and Wales and one from the Inner House of the Court of Session in Scotland.
This judgment deals with the two English cases, while a separate judgment will deal with the Scottish case.
The issue common to all three is the scope for... | This judgment deals with two English cases, while a separate judgment deals with the Scottish case Eba v Advocate General for Scotland.
The issue common to all three is the scope for judicial review by the High Court or Court of Session of unappealable decisions of the Upper Tribunal established under the Tribunals, Co... |
In 1999 the Inland Revenue, as it was then known and to which I will refer as the Revenue, published a revised version of a booklet known as IR20 and entitled Residents and non residents Liability to tax in the United Kingdom.
The 1999 version of the booklet, which remained operative until 2009 and which I will call th... | In 1999 the Inland Revenue [now known as Her Majestys Revenue and Customs, HMRC] published a booklet known as IR20 and entitled Residents and Non Residents Liability to tax in the United Kingdom, which offered general guidance on the word residence and the phrase ordinary residence for the purposes of an individuals li... |
The Clapham omnibus has many passengers.
The most venerable is the reasonable man, who was born during the reign of Victoria but remains in vigorous health.
Amongst the other passengers are the right thinking member of society, familiar from the law of defamation, the officious bystander, the reasonable parent, the rea... | The present case concerns a tendering process carried out by the respondent in 2010 in respect of the provision of medical services to health authorities in Scotland.
The appellant was the existing supplier of the services in question, but was unsuccessful in a tender competition for a replacement contract.
The appella... |
The issue in this case is whether the future of two little girls, one now aged four years and two months and the other now aged two years and 11 months, should be decided by the courts of this country or by the authorities in Hungary.
Both children were born in England and have lived all their lives here.
But their par... | This question in this appeal is whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls.
They are Hungarian nationals but were born and have been resident in England all their lives.
Under article 8(1) of Council Regulation (EC) No 2201... |
Does the Scottish Parliament have power to legislate for the continuity of laws relating to devolved matters in Scotland which are now the subject of European Union (EU) law but which will cease to have effect after the United Kingdom (UK) withdraws from the EU? That is the principal subject matter of a reference by th... | Section 29(1) of the Scotland Act 1998 (the Scotland Act) provides that any Act passed by the Scottish Parliament will not be law so far as any provision of the Act is outside the legislative competence of the Parliament.
Section 29(2) says that a provision is outside of the legislative competence of the Scottish Parli... |
This appeal raises a well formulated issue as to the construction of section 21 of the Limitation Act 1980, and a rather more diffuse question as to the meaning and application of section 32 of the Act, in both cases in relation to what is assumed to have been (although this is hotly contested in the proceedings) an un... | Prior to 4 October 2007, Mr and Mrs Fielding, (the Defendants) were directors and controlling shareholders of Burnden Holdings (UK) Limited (the Claimant).
The Claimant was the holding company of a number of trading subsidiaries, including Vital Energi Utilities Ltd (Vital).
On 4 October 2007, the shareholders of the C... |
Under the Food Safety Act 1990 the appellant local authority (the council) has responsibility for the enforcement of food safety laws in its area, many of which are contained in regulations made under the Act.
We are concerned in this case with the Food Labelling Regulations 1996 (SI 1996/1499) (the regulations).
The r... | The appellant local authority (the Council) has responsibility for the enforcement of food safety laws in its area.
In June 2011 inspectors visited the premises of the respondent company, which carries on the business of buying, processing and selling meat products.
The inspectors found a number of packages of frozen m... |
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of publi... | The respondent (ATK) brought a public procurement claim against the appellant, a non departmental public body (the NDA), in connection with ATKs unsuccessful bid for a contract for services to decommission sites previously used for nuclear generation.
The parties have agreed to compromise the claim, but have requested ... |
The disciplinary panels of bodies which regulate professional conduct conventionally have power to suspend a professionals right to practise for a specified period.
They do so by directing that the entry of his (or her) name on the professional register be suspended for the specified period.
Usually that power is accom... | In 2002 Mr Khan was registered as a pharmacist.
Between 2010 and 2012 Mr Khan pleaded guilty to three incidents of domestic violence.
In 2012 the General Pharmaceutical Council referred to its Fitness to Practise Committee (original committee) an allegation that Mr Khans fitness to practise as a pharmacist was impaired... |
This is a remarkable case in more than one respect.
The appeal depends upon whether the Court is bound to stay action 2006 Folio 815 (the 2006 proceedings) under Article 27 of Regulation 44/2001 of the Council of the European Union (the Regulation) and, if not, whether it should do so under Article 28.
Before Burton J ... | On 3 May 2006, the vessel Alexandros T sank and became a total loss 300 miles south of Port Elizabeth with considerable loss of life.
Her owners were Starlight Shipping Company (Starlight).
Starlight made a claim against their insurers, who denied liability on the basis that the vessel was unseaworthy with the privity ... |
Under the Mental Health Act 1983 (the MHA), the Crown Court may impose a hospital order together with a restriction order upon a mentally disordered offender, if this is considered necessary to protect the public from serious harm.
This means that the patient is liable to indefinite detention in hospital for medical tr... | Under the Mental Health Act 1983 (MHA) a Crown Court may impose upon a mentally disordered offender a hospital order together with a restriction order, if this is considered necessary to protect the public from serious harm.
Such a patient is liable to indefinite detention and can only be discharged by the respondent S... |
The issue in this appeal is about the proper construction of an option clause in a lease of land at Cumbernauld.
The lease was entered into between the appellants, Multi Link Leisure Developments Limited, (the tenants) and the respondents, North Lanarkshire Council, (the landlords).
It granted to the tenants an option ... | This appeal concerns the proper construction of a term of a lease which gives the Appellant (the tenant) the option to purchase the leased property from the Respondent (the landlord).
The question was whether, given the particular drafting, the Respondent was entitled to take into account hope value attributable to the... |
The short point in this appeal is whether the appellant county council, as local planning authority, correctly understood the meaning of the word openness in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework (NPPF).
The Court of Appeal (... | This issue in this appeal is whether the Appellant, as local planning authority, properly understood the meaning of the word openness in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework (NPPF).
Paragraph 90 of the NPPF (in its original ... |
This appeal is concerned with the entitlement of a taxpayer to deduct input VAT and claim repayment of surplus input VAT.
It concerns the interpretation of articles 167 and 168(1) of Council Directive (EC) 2006/112/EC of 28 November 2006 on the common system of value added tax (the Principal VAT Directive or the PVD) a... | This appeal is concerned with the entitlement of a taxpayer to deduct input value added tax (VAT) and claim repayment of surplus input VAT.
It concerns the interpretation of articles 167 and 168(1) of Council Directive (EC) 2006/112/EC of 28 November 2016 on the common system of value added tax (the Principal VAT Direc... |
On 26 October 2010 this Court issued its judgment in Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125.
It held that the Crowns reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee under section 14 of the Criminal Procedure (Scotland) Act 1995 gave rise to... | In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held, having regard to the decision of the European Court of Human Rights in Salduz v Turkey (2008) 49 EHRR 421, that the Crowns reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police stati... |
This is an appeal by Dorset County Council (the council) from an order of the Court of Appeal (Maurice Kay LJ, who is Vice President of the Court of Appeal, Black LJ and Rafferty LJ), [2013] EWCA Civ 553; [2013] PTSR 987, allowing an appeal by the respondents from an order of Supperstone J (the judge) dated 2 October 2... | Councils (known in this context as surveying authorities) are required by section 53 of the Wildlife and Countryside Act 1981 to maintain a definitive map and statement of the public rights of way in their local area.
Under the 1981 Act, members of the public may apply to surveying authorities for an order modifying th... |
In this case, Virgin Atlantic Airways Ltd wishes to recover damages exceeding 49,000,000 for the infringement of a European Patent which does not exist in the form said to have been infringed.
The Technical Board of Appeal (TBA) of the European Patent Office (EPO) has retrospectively amended it so as to remove with eff... | Virgin obtained judgment from the English Court of Appeal (the CA) against Zodiac for damages to be assessed for the infringement of certain claims (the relevant claims) in a European Patent.
The CA found their patent to have been valid and infringed by Zodiac.
Subsequently, the Technical Board of Appeal (the TBA) of t... |
An agreement to arbitrate disputes has positive and negative aspects.
A party seeking relief within the scope of the arbitration agreement undertakes to do so in arbitration in whatever forum is prescribed.
The (often silent) concomitant is that neither party will seek such relief in any other forum.
If the other forum... | The appellant is the owner of a hydroelectric power plant in Kazakhstan.
The respondent is the current operator of that plant.
The concession agreement between the parties contains a clause providing that any disputes arising out of, or connected with, the concession agreement are to be arbitrated in London under Inter... |
These appeals concern the impact of a cap on housing benefit (HB), in cases of deemed under occupation of social sector housing, on those with disabilities and on women living in sanctuary scheme accommodation.
The cap was imposed by Regulation B13 of the Housing Benefit Regulations 2006 (SI 2006/213) (Reg B13).
Reg B1... | These cases relate to the cap on housing benefit introduced by the Secretary of State under Regulation B13 of the Housing Benefit Regulations 2006 (SI 2006/2013) (Reg B13), often described as the removal of the spare room subsidy or the bedroom tax.
The cap is determined according to a number of factors, including whet... |
In our society, a great deal of intellectual effort is devoted to tax avoidance.
The most sophisticated attempts of the Houdini taxpayer to escape from the manacles of tax (to borrow a phrase from the judgment of Templeman LJ in W T Ramsay Ltd v Inland Revenue Comrs [1979] 1 WLR 974, 979) generally take the form descri... | The appeals, brought by the Commissioners for Her Majestys Revenue and Customs (HMRC), are concerned with schemes which were designed to avoid the payment of income tax on bankers bonuses, by taking advantage of exemptions under Chapter 2 of Part 7 of the Income Tax (Earnings and Pensions) Act 2003, as amended by Sched... |
Biometric data such as DNA samples, DNA profiles and fingerprints is of enormous value in the detection of crime.
It sometimes enables the police to solve crimes of considerable antiquity.
There can be no doubt that a national database containing the data of the entire population would lead to the conviction of persons... | Section 64 of the Police and Criminal Evidence Act 1984 (PACE) required the destruction of samples or fingerprints taken from a person in connection with the investigation of an offence if he was cleared of that offence.
Section 64(1A) of PACE, enacted by section 82 of the Justice and Police Act 2001 (the 2001 Act), re... |
These appeals raise issues as to the respective duties of the Secretary of State and the First tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, more particularly as to the operation of the so called one stop procedures.
The Master of the Roll... | These appeals concern refusals of leave to remain.
Mr Patel and his wife, Mrs Patel (the Patels), arrived from India in the UK on 24 March 2009.
Mr Patel had been granted leave to enter as a working holiday maker until 6 March 2011, and Mrs Patel had been granted leave as his dependant wife.
Their only child was born h... |
This litigation concerns claims by Marks and Spencer plc (M&S) for group relief in respect of losses sustained by two of their subsidiaries: Marks and Spencer (Deutschland) GmbH (MSD), which was resident in Germany; and Marks and Spencer (Belgium) NV (MSB), which was resident in Belgium.
The claims were originally made... | These appeals raise questions about the availability of cross border group relief and the method of quantifying such relief.
These questions arise in respect of claims made by Marks and Spencer plc (M&S) for group relief in respect of losses sustained by two of its subsidiaries: Marks and Spencer (Deutschland) GmbH (MS... |
Nadine Montgomery gave birth to a baby boy on 1 October 1999 at Bellshill Maternity Hospital, Lanarkshire.
As a result of complications during the delivery, the baby was born with severe disabilities.
In these proceedings Mrs Montgomery seeks damages on behalf of her son for the injuries which he sustained.
She attribu... | The appellant, Nadine Montgomery, gave birth on 1 October 1999 at Bellshill Maternity Hospital, Lanarkshire.
As a result of complications during delivery, her baby was born with serious disabilities.
Mrs Montgomery sought damages on behalf of her son alleging negligence of the respondent Boards employee, Dr McLellan, w... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
These proceedings arise from the fact that the foundation structures of two offshore wind farms at Robin Rigg in the Solway Firth, which were designed and installed by MT Hjgaard A/S (MTH), failed shortly after completion of the project.
The specific issue to be determined is whether MTH are liable for this failure.
As... | This appeal arises from the fact that the foundation structures of two offshore wind farms at Robin Rigg in the Solway Firth, which were designed and installed by the respondent, MT Hjgaard A/S (MTH), failed shortly after completion of the project.
The dispute concerns who bears the remedial costs in the sum of 26.25m.... |
This case is about the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty.
If they do, then the deprivation has to be authorised, either by a court or by the procedures known as the deprivation of liberty safeguards, set out in the Mental Cap... | These appeals concern the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty.
If they do, the deprivation must be authorised by a court or by the procedures known as the deprivation of liberty safeguards (DOLS) in the Mental Capacity Act 2005... |
This is a remarkable case in more than one respect.
The appeal depends upon whether the Court is bound to stay action 2006 Folio 815 (the 2006 proceedings) under Article 27 of Regulation 44/2001 of the Council of the European Union (the Regulation) and, if not, whether it should do so under Article 28.
Before Burton J ... | On 3 May 2006, the vessel Alexandros T sank and became a total loss 300 miles south of Port Elizabeth with considerable loss of life.
Her owners were Starlight Shipping Company (Starlight).
Starlight made a claim against their insurers, who denied liability on the basis that the vessel was unseaworthy with the privity ... |
When the court issued its previous judgment on this appeal ([2013] UKSC 15), it allowed the parties an opportunity to make written submissions as to the form of the order to be made.
The Commissioners then made submissions inviting the court to make a further reference to the Court of Justice of the European Union unde... | The Respondent (LMUK) operates the Nectar loyalty card scheme (the scheme).
As part of the scheme, it enters into contracts with certain retailers (redeemers).
Under such contracts, each redeemer is required to provide customers (collectors) with goods and services wholly or partly in exchange for Nectar points.
That t... |
Mr Martin Fowler is a qualified diver, resident in the Republic of South Africa.
During the 2011/12 and 2012/13 tax years he undertook diving engagements in the waters of the UK Continental Shelf.
Although his status has yet to be determined, the preliminary issue which is the subject of this appeal requires it to be a... | Mr Martin Fowler is a qualified diver who is resident in the Republic of South Africa.
During the 2011/12 and 2012/13 tax years he undertook diving engagements in the waters of the UKs continental shelf.
HMRC says Mr Fowler is liable to pay UK income tax for this period.
Whether he is liable depends on the application ... |
Helredale playing field (the Field) is situated in Whitby, North Yorkshire, and it is owned by Scarborough Borough Council.
The specific issue raised on this appeal is whether it should be registered as a town or village green under section 15 of the Commons Act 2006.
The point of principle which this issue raises conc... | Helredale playing field (the Field) is situated in Whitby, North Yorkshire, and is owned by Scarborough Borough Council (the Council).
The issue raised in this appeal is whether the Field should be registered as a town or village green under section 15 of the Commons Act 2006.
The Field is approximately two hectares an... |
This appeal raises a question of contractual interpretation.
It concerns an indemnity clause in an agreement dated 13 April 2010 (the SPA) for the sale and purchase of the entire issued share capital of a company, Sureterm Direct Limited (the Company), which carries on business as a specialist insurance broker, primari... | Capita Insurance Services Limited (Capita) entered into an agreement (the SPA) with the respondent for the sale and purchase of the entire issued share capital of Sureterm Direct Limited (the Company), a company which primarily offers motor insurance for classic cars.
Shortly after Capitas purchase of the Companys shar... |
This appeal raises an important question about the application of copyright law to the technical processes involved in viewing copyright material on the internet.
The owner of a copyright has the exclusive right to do or to authorise a number of acts defined in sections 16 to 26 of the Copyright, Designs and Patents Ac... | This appeal raises an important question about the application of copyright law to the technical processes involved in viewing copyright material on the internet.
Where a web page is viewed by an end user on his computer, without being downloaded, the technical processes involved will require temporary copies to be mad... |
This case is about the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty.
If they do, then the deprivation has to be authorised, either by a court or by the procedures known as the deprivation of liberty safeguards, set out in the Mental Cap... | These appeals concern the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty.
If they do, the deprivation must be authorised by a court or by the procedures known as the deprivation of liberty safeguards (DOLS) in the Mental Capacity Act 2005... |
This appeal is concerned with legislation under which planning authorities have the duty of reviewing what are commonly referred to as old planning permissions for mineral working.
The process of review is sometimes referred to by the acronym ROMP (Review [of] Old Mineral [planning] Permissions).
The statutory provisio... | This appeal is concerned with the process by which planning authorities review what are commonly referred to as old planning permissions for mineral working, under the Environment Act 1995 and the Town and Country Planning (Scotland) Act 1997.
The review is necessary because the conditions attached to old permissions o... |
Section 3(2) of the Immigration Act 1971 (the 1971 Act) provides that: The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating... | The central question in these two appeals is whether statements by the Secretary of State of her policy as regards the granting of concessions outside the immigration rules and of changes to it amount to statements as to the practice to be followed within the meaning of section 3(2) of the Immigration Act 1971 (the 197... |
We have before us two cases under the Extradition Act 2003 involving the parents of young children.
In one, an Italian court has issued a European Arrest Warrant (EAW) in respect of both parents of three children now aged 11, 8 and 3, the parents having been convicted of a series of drug trafficking offences.
The paren... | These appeals concern requests for extradition in the form of European Arrest Warrants (EAWs) issued, in the joined cases of HH and PH, by the Italian courts, and in the case of FK, a Polish court.
The issue in all three is whether extradition would be incompatible with the rights of the Appellants children to respect ... |
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