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1152 Cases
UKSC/2023/0110
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NEGLIGENCE
Awaiting JudgmentCase summary:This appeal concerns how liability is allocated in circumstances where, as a result of allegedly negligent work undertaken by a consultant (the appellant), a property developer (the respondent) carries out remedial work on properties it no longer owns and in respect of defects for which it cannot be held liable due to the expiry of applicable limitation periods. Specifically, the appeal raises the following questions: 1. In the circumstances set out above, has the respondent suffered actionable and recoverable damage that falls within the duty of care owed to it by the appellant? 2. Do the retrospective extended limitation periods provided for by section 135 of the Building Safety Act 2022 apply (i) in the circumstances set out above, and (ii) to claims brought before section 135 came into force and are the subject of pending proceedings? 3. Does section 1(1)(a) of the Defective Premises Act 1972 apply only to purchasers of properties, or does it also apply to commercial developers? 4. Is the respondent entitled to bring a contribution claim against the appellant under section 1 of the Civil Liability (Contribution) Act 1978 notwithstanding that (i) there has been no judgment or settlement between the respondent and any third party, and (ii) no third party has asserted any claim against the respondent?
Last updated: 5 December 2024
UKSC/2024/1005
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Permission to Appeal application lodgedCase summary:Last updated: 5 December 2024
UKSC/2023/0044
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment scheduledCase summary:Does an agreement to transfer the beneficial interest in shares in a private company to the legal owner of those shares need to be in writing and signed by each of those making the disposal?
Linked casesLegal issue
Last updated: 5 December 2024
UKSC/2023/0043
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment scheduledCase summary:Does an agreement to transfer the beneficial interest in shares in a private company to the legal owner of those shares need to be in writing and signed by each of those making the disposal?
Linked casesLast updated: 5 December 2024
UKSC/2024/1004
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Permission to Appeal application lodgedCase summary:Last updated: 4 December 2024
UKSC/2021/0181
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INTELLECTUAL PROPERTY
Judgment givenCase summary:(1) What is the test for determining "bad faith" in s.3(6) of the Trade Marks Act 1994? (2) If such bad faith is found, what is the correct approach to determining the specification that the proprietor of the trademark should be permitted to retain?
Last updated: 3 December 2024
UKSC/2023/0085
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COMMERCIAL
Judgment givenCase summary:Whether the one-year time limit in Article III, rule 6 of the Hague Visby Rules applies to claims for mis-delivery of cargo after discharge of the cargo from the vessel.
Last updated: 3 December 2024
UKSC/2023/0092
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PUBLIC LAW AND HUMAN RIGHTS
Judgment givenCase summary:In respect of an established nuisance, was there an available and effective alternative remedy in private law such as to oust an application for judicial review against the public authorities?
Last updated: 2 December 2024
UKSC/2022/0133
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EMPLOYMENT
Judgment givenCase summary:Was the CA wrong to find that Tesco was entitled to terminate certain employment contracts which included an entitlement to "Retained Pay", described as "permanent", and offer re-engagement on terms without Retained Pay (the so-called "fire and re-hire" mechanism)?
Last updated: 2 December 2024
UKSC/2023/0047
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HOUSING, LANDLORD & TENANT
Judgment givenCase summary:Does a failure to serve a claim notice on an intermediate landlord with no management responsibilities invalidate a right to manage claim under the Commonhold and Leasehold Reform Act 2002?
Last updated: 2 December 2024
UKSC/2022/0181
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:1) Does Article 6(1) ECHR apply to QX's challenge to the Temporary Exclusion Order ("TEO") placed upon him by the SSHD? Did the first instance Judge err in law in holding that QX was not entitled to disclosure of the kind described in AF (No 3) v Secretary of State for the Home Department [2009] UKHL 28; [2012] 2 AC 269 ("AF No. 3") in relation to his challenge to the SSHD's determination of Conditions A and B when imposing the TEO?2) What is the role of the Court in determining a challenge to the SSHD's decision to impose a TEO? Does the Court of Appeal have the power to make the factual assessment of terrorist-related activity for itself, or is it limited to an administrative review of the decision made by the SSHD?
Last updated: 2 December 2024
UKSC/2022/0124
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COMMERCIAL
Judgment givenCase summary:Was the majority of the Court of Appeal wrong to find that the collateral warranty in this case was a "construction contract" for the purposes of section 104(1) of the Housing Grants, Construction and Regeneration Act 1996?
Last updated: 2 December 2024
UKSC/2022/0121
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NEGLIGENCE
Judgment givenCase summary:Can The Manchester Ship Canal Company Limited (“MSCC”) bring a private law claim in nuisance and/or trespass against United Utilities Water Limited (“UU”) in respect of unauthorised discharges of untreated foul water by UU into the canal?
Last updated: 2 December 2024
UKSC/2022/0172
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COMMERCIAL
Judgment givenCase summary:Where a contractual force majeure clause contains a proviso requiring the party which is affected by force majeure to exercise reasonable endeavours to overcome it, can the proviso require the affected party to agree to accept a non-contractual performance?
Last updated: 2 December 2024
UKSC/2022/0144
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:Whether the Review Tribunal (the Tribunal) was entitled to conclude that RM's mental disorder continues to be of a nature or degree warranting his continued detention in hospital for medical treatment (i.e. whether the test for discharge from a Restriction Order under Article 78 of the Mental Health (Northern Ireland) Order 1986 (the Order) is met).
Linked casesLast updated: 2 December 2024
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