Litigation Notes
Tag: supreme court
Showing 84 out of 127 results
Supreme Court clarifies principles for determining when benefits enjoyed by a claimant following a breach of contract will be treated as collateral
The Supreme Court has ruled that the owners of a ship that was redelivered early in breach of a charterparty did not have to give credit for the benefit …
Supreme Court finds lender could not recover damages from negligent accountants where loss avoided by borrower's repayment
The Supreme Court has held that the loss suffered by a lender due to its accountants' breach of duty was extinguished when the loan was repaid by the …
Supreme Court on contractual interpretation: striking a balance between the language used and the commercial implications
In a judgment handed down yesterday (29 March), the Supreme Court has unanimously dismissed an appeal relating to the construction of an …
Supreme Court refuses to apply a special jurisdiction rule to the tort of inducing breach of a jurisdiction clause
The Supreme Court has refused to craft a special rule for the tort of inducing a breach of contract where the contractual term which has been breached is …
Supreme Court rules approval of Parliament needed to trigger Article 50
In a landmark constitutional law ruling, the Supreme Court today held (by a majority of 8 to 3) that the UK Government cannot trigger Article 50 of the …
Supreme Court decision highlights importance of contract terms in protecting principal from agent's insolvency
The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: …
Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected
The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into it …
Supreme Court rules that a "collateral lie" is immaterial to an insurance claim
In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and Others [2016] UKSC 45, the Supreme Court held that policyholders who …
Supreme Court reformulates test for when a claim will fail due to illegality
The Supreme Court has established a new approach to the question of whether a defendant will be able to rely on the defence of illegality: Patel …
Supreme Court clarifies status of Privy Council decisions
The Supreme Court has confirmed that, subject to one qualification, the English courts should never follow a decision of the Privy Council if it is …
Supreme Court finds tort of malicious prosecution extends to civil claims
The Supreme Court has held, by a majority of 5 to 4, that the tort of malicious prosecution is available for civil as well as criminal claims: Willers v …
Supreme Court upholds celebrity injunction
The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a …
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