Tag Archives: Supreme Court

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 an exclusive jurisdiction clause. It held that, where proceedings were commenced in … Continue reading

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Filed under Jurisdiction, Tort

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 (Respondent) v Mirza (Appellant) [2016] UKSC 42.  Under this new approach, the defence will … Continue reading

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Filed under Miscellaneous

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 inconsistent with a decision that would otherwise be binding on the lower court: Willers v … Continue reading

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Filed under Courts

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 Joyce [2016] UKSC 43.  This settles an important point that was previously uncertain, as there … Continue reading

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Filed under Tort

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 majority of four to one: PJS v News Group Newspapers Ltd [2016] UKSC 26.  In … Continue reading

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Filed under Confidentiality, Injunctions

Supreme Court confirms that company directors’ powers must be exercised for a proper purpose

In an important decision which will impact upon corporate disputes, the Supreme Court has confirmed that the exercise of an apparently unfettered discretionary power given to directors under the articles of association of a company must only be exercised for … Continue reading

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Filed under Miscellaneous

Supreme Court clarifies test for implying terms into a contract

In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not expressly included in their contract, endorsing the traditional approach that the term either must … Continue reading

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Filed under Contract

Supreme Court rewrites English law rule on penalties

In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the rule in English law has been misunderstood and that as a result the rule has … Continue reading

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Filed under Contract, Remedies

Supreme Court clarifies scope of “assets” covered by a freezing order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of "asset" contained in the current standard Commercial Court form of freezing order which includes "any … Continue reading

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Filed under Injunctions, Interim applications

Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale

In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach of a contract for a one-off sale. This means that events occurring after the date of breach can be taken into account in considering … Continue reading

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Filed under Contract, Remedies