Rakusen -v- Jepsen & ors (2023UKSC 9)
♦ Rent Repayment Order♦ Liability of Superior Landlord♦ Section 72 Housing Act 2004.♦ Landlord & Tenant Justices Lord Lloyd-Jones, Lord Briggs, Lord Kitchin, Lord Burrows, Lord Richards BackgroundThis appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of […]
Harpur Trust -v- Brazel (2022) UKSC 21
♦ Working Time Regulations 1998 ♦ Holiday Pay ♦ Part-time Worker Justices Lord Hodge, Lord Briggs, Lady Arden, Lord Burrows, Lady Rose. Fact This appeal concerns the calculation of annual leave and holiday pay entitlements for workers who work for varying hours during only certain weeks of the year but have a contract throughout that […]
R -v- Luckhurst (2022) UKSC 23
♦ Proceeds of Crime Act 2002♦ Variation ♦ Restraint Order Justices Lord Hodge (Deputy President), Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens Facts This case concerns whether the Proceeds of Crime Act 2002 (POCA) permits a variation to a restraint order to cover reasonable legal expenses in respect of civil proceedings founded on the […]
R -v- Andrewes (2022) UKSC 24
♦ Proceeds of Crime Act 2002 ♦ Confiscation ♦ Recoverable amount ♦ Proportionality Justices Lord Hodge (Deputy President), Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens Fact This appeal concerns an important issue on the confiscation regime under the Proceeds of Crime Act 2002 (“POCA”) in the context of a case of CV (curriculum vitae) […]
Hope v British Medical Association EA-2021-000187-JOJ
• Unfair Dismissal • Gross Misconduct • Breach of Contract Background to Appeal The claimant brought numerous grievances against senior managers. These were concerned with, amongst other matters, the failure of senior managers to include him in meetings which he thought he should be attending. Management considered that decisions as to who should attend […]
Triple Point Technology, Inc -v- PTT Public Company Ltd (2021) UKSC 29
Liquidated Damages Negligence Limitation of liability Justices Lord Hodge (Deputy President), Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows Background to the Appeal The central issue (Issue 1) on this appeal concerns the approach to interpreting liquidated damages clauses. The liquidated damages clause here was in a familiar form, providing for liquidated damages to be […]
Kabab-Ji SAL v Kout Food Group [2021] UKSC 48
Conflict of laws Arbitration Choice of law Validity of Awards Justices Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Sales, Lord Hamblen, Lord Leggatt Background to the Appeal The appellant (“Kabab-Ji“), a Lebanese company, entered into a Franchise Development Agreement (“FDA“) with Al Homaizi Foodstuff Company (“Al Homaizi“), a Kuwaiti company, granting Al Homaizi a licence […]
Kostal UK v Dunkley and Ors [2021] UKSC 47
Collective Bargaining Prohibited Result Section 145B TULRCA Justices: Lord Briggs, Lady Arden, Lord Kitchin, Lord Leggatt, Lord Burrows Background: The 57 claimants are members of unite the union (“Unite”) and are employed as shop floor or manual workers by the respondent, Kostal UK Ltd. The company entered into a recognition and procedural agreement with Unite […]
FS Cairo (Nile Plaza) LLC -v- Brownlie (as dependent and executrix of Profession Sir Ian Brownlie CBE, QC) (2021) UKSC 45
Conflict of laws Service outside jurisdiction Forum shopping Justices Lord Reed (President), Lord Lloyd-Jones, Lord Briggs, Lord Leggatt, Lord Burrows. Background In January 2010, Lady Brownlie and her husband, Sir Ian Brownlie QC, were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went […]
Stuart Delivery Limited -v- Augustine (2021) EWCA Civ 1514
Employment Status Right of Substitution Who is a worker? The Court of Appeal in Stuart Delivery Limited -v- Augustine (2021) EWCA Civ 1514 reaffirms its position in earlier cases that a limited right of substitution is not inconsistent with the duty to personal services personally, in upholding an employment tribunal’s decision that a courier driver […]