Tag Archives: Supreme Court

Supreme Court breathes new life into “no oral modification” clauses

The Supreme Court has overturned a decision that contractual clauses requiring amendments to be in writing would not preclude amendments subsequently being effected orally: Rock Advertising Ltd v MBB Business Exchange Centre Ltd [2018] UKSC 24. This is an important judgment which … Continue reading

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Filed under Contract

Supreme Court decision clarifies basis for the award of Wrotham Park damages

In a recent decision, the Supreme Court overturned a Court of Appeal judgment which potentially expanded the availability of “Wrotham Park” or negotiating damages, and signalled a return to more orthodox reasoning in relation to the award of damages for … Continue reading

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Filed under Remedies

Supreme Court finds contempt of court constitutes unlawful means for the tort of conspiracy

The Supreme Court has held that contempt of court can constitute unlawful means for the purpose of the tort of conspiracy: JSC BTA Bank v Khrapunov [2018] UKSC 19. The decision is significant as it confirms that third parties may … Continue reading

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Filed under Tort

Supreme Court holds English court has jurisdiction over tort claim where conspiracy hatched in England

The Supreme Court has held that the place of the event giving rise to damage in a claim alleging the tort of conspiracy to injure by unlawful means is where the conspiratorial agreement was made. As that was England, the … Continue reading

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Filed under Jurisdiction, Tort

Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law

The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort jurisdictional gateway in the CPR, disagreeing with the Court of Appeal: Lady Christine Brownlie … Continue reading

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Filed under Jurisdiction, Service, Tort

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