Tag Archives: Supreme Court

Supreme Court restates test for dishonesty in criminal proceedings

The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant’s conduct is dishonest by the objective standards of ordinary reasonable and honest people: Ivey v Genting Casinos (UK) Ltd t/a … Continue reading

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Filed under Miscellaneous

Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer

In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence of the issuing bank: Taurus Petroleum Limited v State Oil Marketing Company … Continue reading

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Filed under Jurisdiction

Supreme Court considers extent to which an appellant’s relationship with a wealthy third party is relevant in considering whether a payment condition will stifle its appeal

A court may impose conditions when granting permission to appeal. These conditions may include a requirement that the appellant pay money into court before an appeal can proceed – most notably in the form of security for costs, or payment … Continue reading

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Filed under Appeals, Judgments/Orders

New president and justices of the Supreme Court and new Lord Chief Justice

As announced today, Lady Hale has been appointed the next (and first female) President of the Supreme Court, to replace Lord Neuberger as from 2 October 2017. Lady Hale is currently Deputy President, so that role will have to be filled when … Continue reading

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Filed under Courts

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 they obtained by selling the vessel for a higher price upon … Continue reading

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Filed under Contract, Remedies

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 borrower. It unanimously allowed an appeal against the majority judgment of the … Continue reading

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Filed under Remedies

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 indemnity clause: Wood (Respondent) v Capita Insurance Services Limited (Appellant) [2017] UKSC 24. The Supreme Court emphasised that it did … Continue reading

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Filed under Contract

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 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 Treaty on the European Union without an Act of Parliament authorising it … Continue reading

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Filed under Miscellaneous

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: Bailey and another (Respondents) v Angove’s PTY Limited (Appellant) [2016] UKSC 47. The Supreme Court dismissed … Continue reading

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Filed under Contract, Miscellaneous, Remedies