December 2016

Regina v Guraj [2016] UKSC 65; [2016] WLR (D) 673

Crime — Sentence — Confiscation order — Judge making forfeiture order and postponing confiscation proceedings — Prosecution failing to apply to extend period of postponement prior to expiry — Whether failure capable of remedy — Whether subsequent confiscation proceedings invalid — Proceeds of Crime Act 2002 (c 29), ss 14(8)(11)(12), 15(2)

Regina (Iqbal) v Secretary of State for the Home Department [2016] UKSC 63; [2016] WLR (D) 664

Immigration — Limited leave to remain — Application to vary leave — Claimants applying to vary leave to remain before expiry of such leave — Statutory provision automatically extending leave pending decision on “application” to vary leave made before expiry — Claimants’ applications declared invalid due to failure to comply with rules as to fees or provision of biometric information — Further applications made after expiry of original leave period — Whether statutory provision operating in respect of first applications so as to extend leave period — Whether leave extended until subsequent applications determined — Immigration Act 1971 (c 77), s 3C (as substituted by Nationality, Immigration and Asylum Act 2002 (c 41), s 118 and amended by Immigration, Asylum and Nationality Act 2006 (c 13), s 11(4)) — Immigration (Biometric Registration) Regulations 2008 (SI 2008/3048), regs 3, 23 — Immigration and Nationality (Fees) Regulations 2011 (SI 2011/1055), reg 37

Regina v Docherty (Shaun) [2016] UKSC 62; [2016] WLR (D) 667

Crime — Sentence — Imprisonment for public protection — — Defendant convicted of wounding with intent and regarded as posing a threat to the public — Change of sentencing regime between defendant’s conviction and sentence — Imprisonment for public protection abolished in respect of those convicted on date after that on which defendant convicted — Defendant sentenced to imprisonment for public protection — Whether sentence excessive because principle of lex mitior not applied — Whether defendant subjected to discrimination — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 123 — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 4 and Saving Provisions) Order 2012 (SI 2012/2906)

Regina v Golds [2016] UKSC 61; [2016] WLR (D) 636

Crime — Homicide — Diminished responsibility — Abnormality of mental functioning — Whether defendant’s ability “substantially” impaired — Whether trial judge wrongly refusing to direct jury on meaning of “substantially” — Homicide Act 1957 (c 11), s 2 (as amended by Coroners and Justice Act 2009 c 25), s 52(1)

Ali v Secretary of State for the Home Department [2016] UKSC 60; [2016] 1 WLR 4799; [2016] WLR (D) 610

Immigration — Deportation — Conducive to public good — Illegal immigrant refused asylum and leave to remain — Relationship with British citizen formed — Sentence of — Home Secretary ordering deportation as foreign criminal as result of four-years prison term imposed following conviction for serious criminal offence — Weight to be given to public interest in deportation of foreign criminals — Whether deportation disproportionate interference with Convention right to respect for private and family life — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Statement of Changes in Immigration Rules (1994) (HC 395) (as amended by Statement of Changes in Immigration Rules (2012) (HC 194), para 114), paras 398, 399, 399A

November 2016

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2016] UKSC 58; [2016] WLR (D) 582

Social security — Housing benefit — Assessment — Secretary of State introducing changes to calculation of appropriate maximum housing benefit for public sector tenants — Effect of changes to reduce benefit payable in cases of deemed under-occupancy — Regulation precluding any provision for additional bedroom above number deemed necessary by application of standard size criteria — Additional criteria in regulation allowing for additional bedroom in respect of specified classes of person — Claimants being persons outside additional criteria either needing additional bedroom for disability-related reason or having additional bedroom for inconsequential reason but needing to remain in property as providing specially-converted secure “sanctuary scheme” accommodation — Whether changes having disproportionate adverse impact on disabled persons and/or female victims of domestic violence — Whether unlawful discrimination in enjoyment of Convention right — Whether breach of public sector equality duty — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Equality Act 2010 (c 15), s 149 — Housing Benefit Regulations 2006 (SI 2006/213), reg B13 (as inserted by Housing Benefit (Amendment) Regulations 2012 (SI 2012/3040), reg 5(7) and amended by Housing Benefit (Amendment) Regulations 2013 (SI 2013/665), reg 2(3) and Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 (SI 2013/2828), reg 2(3))

October 2016

Impact Funding Solutions Ltd v Barrington Support Services Ltd (formerly Lawyers at Work Ltd) (AIG Europe Ltd, Third Party) [2016] UKSC 57; [2016] WLR (D) 558

Insurance — Liability insurance — Professional indemnity — Agreement between claimant and solicitors for provision of loans to solicitors’ clients to fund disbursements — Solicitors acting in breach of agreement and becoming liable to repay loans — Solicitors entering liquidation and claimant seeking to recover sums from professional indemnity insurers — Policy excluding “trading liabilities” arising from “contract or arrangement for … services in the course of the insured firm’s practice” — Whether liabilities incurred by solicitors to claimant within exclusion to professional indemnity cover

Regina v Mitchell [2016] UKSC 55; [2016] WLR (D) 541

Crime — Evidence — Similar facts — Propensity — Defendant admitting killing victim with knife but claiming self-defence — Evidence adduced of previous incidents where defendant threatened people with knives — Earlier incidents not leading to convictions — Standard of proof required to show propensity — Whether jury needing to be satisfied beyond reasonable doubt that earlier incidents occurred — Criminal Justice (Evidence) (Northern Ireland) Order 2004 (SI 2004/1501), arts 6(1), 8

Regina (Johnson) v Secretary of State for the Home Department [2016] UKSC 56; [2016] WLR (D) 531

Nationality — British citizenship — Acquisition — Claimant born in Jamaica to Jamaican mother and British father — Only Jamaican citizenship acquired as parents not married — Claimant living in United Kingdom but not applying for British citizenship — Claimant convicted of serious offences and therefore unable to acquire citizenship — Home Secretary serving deportation notice on claimant as foreign criminal — Whether good character requirement for claimant to acquire citizenship unlawfully discriminatory — Whether statute incompatible with Convention — Claimant contending discrimination in breach of Convention right because he would have not have been liable to deportation had his parents married — Whether Home Secretary erring in certifying Convention rights claim as clearly unfounded — Whether deportation breaching Convention rights — British Nationality Act 1981 (c 61), s 41A (as inserted by Borders, Citizenship and Immigration Act 2009 (c 11), s 47(1, and amended by Immigration Act 2014 (c 22), Sch 9, para 70(3)) — UK Borders Act 2007 (c 30), ss 32, 33 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14

Regina (Ingenious Media Holdings plc and another) v HM Revenue and Customs Comrs [2016] UKSC 54; [2016] WLR (D) 540

Confidential information — Disclosure — Public interest — Revenue official disclosing information relating to taxpayers in off-record briefing with journalists — Journalists publishing articles containing information disclosed in briefing — Whether disclosure “made for the purposes of a function of the Revenue and Customs” so as to escape statutory prohibition on disclosure of information held by revenue — Whether disclosure infringing taxpayers’ right to confidentiality — Commissioners for Revenue and Customs Act 2005 (c 11), s 18

August 2016

Moreno v Motor Insurers’ Bureau [2016] UKSC 52; [2016] WLR (D) 453

Road traffic — Motor Insurers’ Bureau — Uninsured driver — United Kingdom resident injured in Greece when struck by Greek registered vehicle driven by uninsured driver — Claim against Motor Insurers’ Bureau for compensation — Whether Greek or English law applicable to assessment of compensation — Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (SI 2003/37), reg 13(2) — Council Directive 2009/103/EC

July 2016

Manolete Partners plc v Hastings Borough Council [2016] UKSC 50 [2016] WLR (D) 426

Building — Compensation — “In default” — Tenant of arcade on pier continuing to operate despite surveyors’ report highlighting need for repairs to columns supporting arcade and adjacent decking — Decking providing means of access to and from remainder of pier — Local authority having knowledge of report but taking no action — Second surveyors’ report warning failure to repair supporting columns risking overloading of decking in event of emergency evacuation — Local authority exercising statutory power to close pier as dangerous building in response to second report — Tenant’s assignee claiming statutory compensation for loss of business caused by closure — Exclusion from compensation where claimant having itself been ”in default” — Local authority claiming tenant’s continued use of arcade after first report in breach of statutory duties as employer and occupier and amounting to “default” — Whether “default” relating only to matter in relation to which authority exercised power — Building Act 1984 (c 55), ss 78, 106

Hayward v Zurich Insurance Co Plc [2016] UKSC 48; [2016] WLR (D) 423

Contract — Rescission — Settlement of action — Employee claiming damages against employer for injury at work — Employers’ insurers suspecting that defendant exaggerating effect of injury but entering into settlement agreement on basis of inability to prove suspicions in court — — Insurers subsequently receiving proof that employee had exaggerated claim so that settlement excessive — Insurers bringing action for rescission of settlement agreement — Whether sufficient to prove materially false misrepresentation which intended to induce and inducing representee to act to his detriment — Relevance of representee’s belief as to truth of representation — Whether employee’s false representation inducing insurers to enter into settlement — Whether insurers estopped from retrieving amount overpaid under settlement agreement

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45; [2016] WLR (D) 403

Insurance — Marine — Fraudulent device — Insured recklessly making untrue statement in support of claim honestly believed to be good both as to liability and amount — Whether whole claim forfeited Ships’ names — DC Merwestone

Willers v Joyce and another [2016] UKSC 43; [2016] WLR (D) 401

Tort — Cause of action — Malicious prosecution — Action brought against company director in respect of breaches of contractual and fiduciary duties — Claim withdrawn before trial — Company director claiming damages for malicious prosecution of civil proceedings — Whether tort of malicious prosecution of civil proceedings existing in English law

Amoena (UK) Ltd v Revenue and Customs Commissioners [2016] UKSC 41; [2016] WLR (D) 386

Revenue — Customs and Excise — Exemption from duty — Mastectomy bra — Clothing liable to duty — Medical apparatus compensating for a deformity and accessories thereof exempt from duty — Whether mastectomy bra accessory to medical apparatus — Whether exempt from duty — Council Regulation (EEC) No 2658/87, Annex 1 (as amended by Commission Regulation (EU) No 927/2012, Annex 1)

Edwards v Kumarasamy [2016] UKSC 40; [2016] WLR (D) 385

Landlord and tenant — Repairs — Covenant implied by statute — Landlord holding long lease of flat in block — Landlord letting flat to tenant — Tenant injured after tripping on uneven paving stone on pathway leading to main entrance of block — Landlord unaware of defect prior to tenant’s accident — Whether pathway exterior of part of building to which landlord having estate or interest so that statutory repairing covenant applying — Whether landlord’s liability under covenant in respect of defect outside demised property conditional upon his having notice of defect — Landlord and tenant Act 1985 (c 70), (as amended by Housing Act 1988 (c 50), s 116(1)), s 11(1)(1A))

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner and another intervening) [2016] UKSC 39; [2016] WLR (D) 384

Legal aid — Availability — Civil legal services — Qualification criteria for high priority need cases — Secretary of State proposing delegated legislation to introduce residence test for those in most need of legal assistance — Whether proposal ultra vires primary legislation — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), ss 9(2), 41(2), Sch I, Pt I

Campbell v Peter Gordon Joiners Ltd and another [2016] UKSC 38; [2016] WLR (D) 376

Tort — Cause of action — Whether arising from breach of statutory obligation — Employer’s obligation to insure against liability for injury to employees — Statute creating criminal offence for employer’s breach of obligation — Breach of obligation committed by corporate employer with knowledge or connivance of director — Director “deemed …guilty of …offence by statute in those circumstances — Employee injured when working for company without liability insurance — Company going into liquidation — Employee claiming sole director having connived in company’s failure to insure — Whether imposition of deemed criminal liability indicating Parliamentary intention to impose qualified duty on director to ensure company’s insurance in place — Whether employee having civil right of action against director for breach of duty — Employers’ Liability (Compulsory Insurance) Act 1969 (c 57), ss 1(1), 5

Regina (Ismail) v Secretary of State for the Home Department [2016] UKSC 37; [2016] WLR (D) 363

Human rights — Fair hearing — Letters of request — Request for service of foreign criminal judgment upon person in United Kingdom — Extent of Home Secretary’s discretion in relation to serving foreign judgment — Whether right to fair hearing engaged — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6 — Crime (International Co-operation) Act 2003 (c 32), s 1

June 2016

Goluchowski v District Court in Elblag, Poland [2016] UKSC 36; [2016] WLR (D) 345

Extradition — European arrest warrant — Validity — Persons convicted of offences and sentenced to imprisonment — Convicted persons released subject to conditions or pending appeal but liable to immediate recall — Recall activated but convicted persons not responding — Domestic arrest warrants issued but convicted persons found to be in England — European arrest warrant issued specifying details of conviction but not details of consequential domestic summonses or arrest warrants — Whether European arrest warrant valid — Extradition Act 2003 (c 41), s 2(6)(c) — Council Framework Decision 2002/584/JHA, art 8(1)

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 4) [2016] UKSC 35; [2016] WLR (D) 344

Supreme Court — Jurisdiction — Application to set aside decision of House of Lords — Judicial review challenging irrationality of ministerial determination not to resettle colonial territory — State party failing to disclose certain relevant documents — Jurisdiction of Supreme Court to set aside decisions of House of Lords — Whether failure impugning House of Lords’ decision — Whether decision to be set aside

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) [2016] UKSC 34; [2016] WLR (D) 340

Supreme Court — Appeal to — Jurisdiction — Parental responsibility order made by court of another European Union member state — Recognition of order by High Court — Council Regulation providing for appeal to judge and further appeal in accordance with notification by each member state — United Kingdom notifying “single further appeal …to …Court of Appeal” — Whether precluding further appeal to Supreme Court — Council Regulation (EC) No 2201/2003, arts 33, 34, 68 — Constitutional Reform Act 2005 (c 4), s 40(6)

Onu v Akwiwu and another [2016] UKSC 31; [2016] WLR (D) 319

Discrimination — Race — Less favourable treatment — Migrant domestic worker of Nigerian nationality — Claim of mistreatment by employers on racial grounds — Tribunal finding treatment due to vulnerable migrant status not race — Whether status as migrant worker indissociably linked to nationality — Whether direct discrimination — Whether indirect discrimination — Whether claim of post-employment victimisation established — Equality Act 2010 ( c 15), ss 13, 19

MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33; [2016] WLR (D) 320

Immigration — Asylum — Appeal — Student with leave to remain subsequently making asylum claim — Asylum refused — Whether claimant entitled to appeal against refusal of asylum where leave to remain pre-dating refusal — Nationality, Immigration and Asylum Act 2002 (c 41), s 83(1)(b)

BNY Mellon Corporate Trustee Services Ltd v LBG Capital No 1 plc and another [2016] UKSC 29; [2016] WLR (D) 310

Contract — Construction — Trust deed — Banking group issuing enhanced capital notes — Notes redeemable before maturity date if capital disqualification event occurring — Disqualification event deemed to have occurred if notes ceasing to be taken into account in stress test applied by regulatory authority to group’s core tier 1 capital — Regulatory changes replacing core tier 1 capital with common equity tier 1 capital — Stress test carried out and notes not taken into account — Whether capital disqualification event occurring

McBride v Scottish Police Authority [2016] UKSC 27; [2016] WLR (D) 308

Employment — Unfair dismissal — Reinstatement — Claimant fingerprint expert having given evidence in high profile trial — Evidence later challenged by other experts leading to acquittal — Employer placing claimant on restricted duties excluding court work owing to prosecuting authorities’ refusal to use claimant in future cases — Claimant carrying out restricted duties for several years but then dismissed — Employment tribunal holding dismissal unfair and ordering reinstatement “as a non court going fingerprint officer” — Reinstatement order quashed by appellate court as amounting to order to employ claimant on amended terms — Whether order alteration of terms of contact or mere recognition of practical limitation on scope of claimant’s work

May 2016

PJS v News Group Newspapers Ltd [2016] UKSC 26; [2016] WLR (D) 272

Confidential information — Breach of confidence — Injunction — Claimant granted interim injunction restraining defendant from publishing story in England and Wales concerning claimant’s extra-marital sexual activities — Foreign and Scottish newspapers publishing story identifying claimant — Story also available on internet and social media websites — Defendant applying for injunction to be lifted on grounds that story now in public domain — Whether publication in public interest — Whether Convention right ti freedom of expression taking precedence once is story in public domain — Whether further publication by English media interfering with right to privacy — Human Rights Act 1998 (c 42), s 12, Sch 1, Pt 1 arts 8, 10

Iraqi Civilians v Ministry of Defence (No 2) [2016] UKSC 25; [2016] WLR (D) 261

Conflict of laws — Limitation of action — Whether foreign limitation period applying — Claims brought by Iraqi civilians in England in respect of events occurring in Iraq — Provision of Iraqi law barring bringing of claims in Iraq — Provision constituting “impediment” rendering it impossible for rights to be claimed in Iraq — Whether suspending time limit imposed by Iraqi limitation law — Whether claims time-barred — Foreign Limitation Periods Act 1984 (c 16), ss 1, 4(1)

Eclipse Film Partners No 35 LLP v Revenue and Customs Comrs (No 2) [2016] UKSC 24; [2016] WLR (D) 254

Tribunal — First-tier Tribunal — Practice — Costs — — Procedure Rules for tax assessment appeals — Rule giving tribunal general case management powers — Further rule giving tribunal power to make order for costs in specified circumstances including appeals allocated to complex case category — Right of taxpayer to disapply complex case costs power in favour of normal rule that each side pay own costs — Appellant taxpayer exercising right to disapply — Subsequent directions hearing — Tribunal order that taxpayer prepare court bundles with revenue sharing cost of production — Appeal dismissed and taxpayer invoicing revenue for half costs of preparing bundles — Revenue seeking quashing of order to pay half costs — Whether power to make costs order under general case management rule — Whether power limited to circumstances set out in specific costs rule — Whether order to be quashed — Tribunal Procedure (First-tier Tribunal)(Tax Chamber) Rules 2009 (SI 2009/273 (L1)) (as amended by Tribunal Procedure (Amendment No 3) Rules 2010 (SI 2010/ 2653 (L 16), r 6(4)), rr 5, 10

PST Energy 7 Shipping LLC and another v O W Bunker Malta Ltd and another [2016] UKSC 23; [2016] WLR (D) 257

Sale of goods — Property, whether passing — Retention of title — Contract for the supply of bunkers — Payment on credit terms with title passing only on payment — Owners entitled to use bunkers before payment for propulsion of vessel — Whether contract to which statutory provisions concerning sale of goods applying — Whether suppliers entitled to recover price of bunkers from owners — Sale of Goods Act 1979 (c 54), ss 2, 49

NYK Bulkship (Atlantic) NV v Cargill International SA [2016] UKSC 20; [2016] WLR (D) 255

Shipping — Charterparty — Time charter — Construction — Off-hire provision — Charterparty allowing sub-charters but charterers remaining ultimately liable for unloading of vessel at port of discharge — Charterparty stipulating that vessel off-hire if arrested save where arrest occasioned by act, omission or default of charterer or “agent” of charterer — Vessel arrested outside port of discharge as result of dispute between parties to sub-charter — Start of unloading delayed until dispute resolved — Shipowner claiming vessel not off-hire during period of delay as sub-charter parties deemed to be charterers’ agents — Whether sub-charter parties acting as charterers’ agents only during actual performance of discharging — Whether acts of sub-charter parties leading to arrest outside scope of agency — Whether charterers able to rely on off-hire provision

April 2016

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime [2016] UKSC 18; [2016] WLR (D) 208

Crime — Riot — Damage — Warehouse looted and destroyed during riots — Claim for statutory compensation for riot — Whether liability limited to physical damage to property — Whether compensation for consequential losses recoverable in principle — Riot (Damages) Act 1886 (49 & 50 Victc 38) (as amended by Police Act 1964 (c 48), s 63, Sch 9 and Police Act 1996 (c 16), s 103(1), Sch 7, para 9), s 2(1)

Financial Conduct Authority v Asset Land Investment plc and another [2016] UKSC 17; [2016] WLR (D) 206

Financial services — Regulated activities — Collective investment schemes — Related companies not authorised to carry on regulated activities buying agricultural land and offering individual plots for sale to investors on expectation of rise in value should land be reclassified for housing use — Evidence of companies representing they would facilitate change of use and procure purchase of each whole site by developer allowing investors share in profit — Investors signing contacts of sale disclaiming any intent by companies to procure change of use and retaining investors’ freedom to sell or retain own plots as they wished — Financial Conduct Authority alleging company in each case carrying on “arrangements in respect to property” amounting to collective investment scheme in breach of general prohibition — Judge finding intent of parties being that companies negotiate with planning authorities and coordinate sale of each whole site with agreement of all investors — Whether “arrangements in respect to property” in relation to whole site — Whether participants in scheme lacking day-to-day control over management of property — Whether property managed as whole by or on behalf of relevant company — Whether companies operating collective investment scheme — Financial Services and Markets Act 2000 (c 8), ss 19, 235

Regina (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16; [2016] WLR (D) 220

European Union — Freedom of movement — Persons — Algerian national with right of residence in United Kingdom as spouse of European Economic Area national detained pending decision whether to remove him — Whether administrative detention pending decision on removal incompatible with right to freedom of movement or constituting unlawful discrimination on grounds of nationality — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003)(as amended by Immigration (European Economic Area) (Amendment) Regulations 2009 (SI 2009/1117), reg 2, Sch 1, para 10; Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547), reg 3, Sch 1, para 17), regs 21, 24(1) — FEU Treaty, art 18FEU — Parliament and Council Directive 2004/38/EC, art 27

Regina (O) v Secretary of State for the Home Department (Bail for Immigration Detainees and another intervening) [2016] UKSC 19; [2016] WLR (D) 222

Immigration — Deportation order — Detention pending deportation — Home Secretary detaining claimant suffering from mental illness pending deportation — Whether detention unlawful following change in medical opinion as to appropriate treatment for illness — Whether illness capable of being “satisfactorily managed” within detention — Whether claim for judicial review to be allowed to proceed after claimant released on bail — Immigration Act 1971 (c 77), Sch 3, para 2 (as amended by Immigration and Asylum Act 1999 (c 33), s 54, Nationality, Immigration and Asylum Act 2002 (c 41), s 114(3), Sch 7, para 7 and Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), s 34))

In re N (Children) (Adoption: Jurisdiction) (AIRE Centre and others intervening) [2016] UKSC 15; [2016] WLR (D) 190

Conflict of laws — Jurisdiction under European Union Regulation — Orders with respect to children — Care and placement proceedings involving Hungarian nationals — Judge ordering proceedings to be transferred to Hungary — Local authority appealing against transfer — Whether care proceedings rightly transferred — Whether placement order “measure preparatory” to adoption so that no jurisdiction to transfer application for such order to Hungary — Whether stay of placement proceedings appropriate where care proceedings transferred — Principles applicable to applications to transfer proceedings to foreign jurisdiction — Children Act 1989 (c 41), s 31 — Adoption and Children Act 2002 (c 38), s 21 — Council Regulation (EC) No 2201/2003, arts 1, 15

Loose v Lynn Shell Fish Ltd and others (Le Strange Meakin, Part 20 defendant) (Crown Estate Comrs intervening) [2016] UKSC 14; [2016] WLR (D) 181

Fishery — Several fishery — Foreshore — Presumed grant from Crown of private right to take shellfish from foreshore — Dispute between lessee of private fishery and members of the public as to seaward extent of private fishery — Extent of foreshore changing over time as result of shifting sands — Whether doctrine of accretion relevant — Whether private fishery extending to foreshore as it existed — Whether extending to all parts of seabed from time to time exposed at low water — Whether seaward boundary lowest astronomical tide

March 2016

Magmatic Ltd v PMS International Group plc (Comptroller General of Patents, Designs and Trade Marks intervening) [2016] UKSC 12; [2016] WLR (D) 126

Design — Community registered design — Infringement — Claimant registering design for ride-on suitcases for children — Suitcases designed to look like animal with horns — Design images showing distinct tonal contrasts but no surface decoration — Defendant selling similar product decorated to look like animals with ears or insects with antennae — Whether infringing registered design — Whether producing on informed user different overall impression — Whether lack of ornamentation in registered design relevant — Council Regulation (EC) No 6/2002, art 10

UBS AG v Revenue and Customs Comrs [2016] UKSC 13; [2016] WLR (D) 133

Revenue — Income tax — Employment — Earnings — Employment-related restricted securities — Statutory exemption from income tax where employee awarded shares subject to condition providing for forfeiture in event of stated contingency — Taxpayer bank forming company for sole purpose of obtaining statutory exemption — Taxpayer setting up scheme whereby beneficial interests in shares in company allocated to employees in amounts equal in value to cash bonus entitlements — Contingency being remote event within short period of time with no business or commercial purpose — Employees thereafter free to redeem shares for cash — Whether exemption to be construed as limited to conditions having business or commercial purpose — Whether shares purchased as part of scheme restricted securities to which exemption applying — Whether employees liable to income tax on value of shares — Income Tax (Earnings and Pensions) Act 2003 (c 1)(as amended by Finance Act 2003 (c 14), s 140, Sch 22), ss 423(2), 425(2), 429

Mohamud v Wm Morrison Supermarkets plc [2016] UKSC 11; [2016] WLR (D) 109

Vicarious liability — Employment — Course of employment — Petrol station attendant assaulting customer — Whether acting within course of employment — Whether employer liable for assault

Cox v Ministry of Justice [2016] UKSC 10; [2016] WLR (D) 110

Vicarious liability — Relationship akin to employment — Prisoner — Prisoner paid to assist prison catering manager in moving kitchen supplies — Manager suffering injury when prisoner ignoring instruction — Whether Ministry of Justice vicariously liable for prisoner’s negligence

February 2016

Knauer v Ministry of Justice [2016] UKSC 9; [2016] WLR (D) 103

Fatal Accidents Acts — Damages — Multiplier for future loss — Claimant’s wife dying due to exposure to asbestos during employment — Claimant bring claim for loss of dependency — Employer admitting liability over four years later — Date from which multiplier for future loss to be calculated — Fatal Accidents Act 1976 (c 30), s 1 (as substituted by Administration of Justice Act 1982 (c 53), s 3)

Shop Direct Group v Revenue and Customs Comrs [2016] UKSC 7; [2016] WLR (D) 83

Revenue — Corporation tax — Profits, computation of — Post-cessation receipt — Taxpayer member of VAT group receiving repayment attributable to overpayment of VAT by other members of group — Taxpayer and other members each having ceased trading at time of repayment — Taxpayer assessed to corporation tax on basis of having received sum “arising from” discontinued trade not otherwise chargeable to tax — Whether charge to tax extending to person other than original trader — Income and Corporation Taxes Act 1988 (c 1), ss 103, 106

Kennedy v Cordia (Services) LLP [2016] UKSC 6; [2016] WLR (D) 74

Health and safety — Employer’s liability — Personal protection equipment — Home carer injured after slipping on icy path leading to client’s house — Employer aware of risk of falls on snow and ice but merely advising wearing of appropriate footwear — Whether employer’s risk assessment adequate — Whether employer having duty to provide non-slip footwear attachments — Whether breach of duty causing or materially contributing to injury — Personal Protective Equipment at Work Regulations 1992 (SI 1992/2966), reg 4(1) — Management of Health and Safety at Work Regulations 1999 (SI 1999/3242), reg 3(1), Sch 1

Regina v Jogee [2016] UKSC 8; [2016] WLR (D) 84

Crime — Homicide — Murder — Joint enterprise — Defendant charged as secondary party to murder — Co-defendant committing act which resulted in victim’s death — Mental element necessary for secondary party to be guilty of murder — Judge directing jury that foresight by secondary party that co-defendant might attack victim with mens rea for murder sufficient — Whether necessary for secondary party himself to have mens rea for murder — Whether to be inferred from foresight of what co-defendant might do

January 2016

Regina v Taylor (Jack) [2016] UKSC 5

Road traffic — Aggravated vehicle taking — Accident causing fatal injury — Defendant driving vehicle without owner’s consent — Rider of scooter killed in collision with vehicle — No evidence defendant at fault — Defendant charged with aggravated vehicle taking — Whether necessary for prosecution to prove fault in relation to driving of vehicle — Whether driving with excess alcohol constituting such fault — Theft Act 1968 (c 60), s 12A (as inserted by Aggravated Vehicle-Taking Act 1992 (c 11) s 1(1)(3) and amended by Criminal Justice Act 2003 (c 44), s 285(1))

In re B (A Child) (Reunite International Child Abduction Centre and others intervening) [2016] UKSC 4

Children — Custody rights — Jurisdiction — Habitual residence — Child born in England to mother in same sex relationship with applicant — Mother permanently removing child to Pakistan after separating from applicant — Applicant seeking shared residence order, contact order and orders to assist her in locating the child — Court declining jurisdiction on ground that child no longer habitually resident in England when application issued — Whether child’s habitual residence in England and Wales lost on arrival in Pakistan — Whether child remaining habitually resident in England and Wales — Whether jurisdiction to make orders sought

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 3; [2016] WLR (D) 35

Crown — Minister, determination by — United Nations Security Council sanctions — Foreign Secretary lifting hold on claimant’s inclusion in United Nations Security Council’s list of persons associated with terrorist organisation — Claimant consequently included on list and on European Union’s sanctions list — Government subsequently concluding criteria for inclusion no longer met and seeking claimant’s removal from Security Council’s list — Government declining to support claimant’s request for removal from European Union’s sanctions list — Claim for judicial review of Foreign Secretary’s decision — Whether full merits review appropriate — Test to be applied by Foreign Secretary for inclusion on list — Whether Foreign Secretary required to maintain hold on listing where designating state relying on foreign conviction obtained through evidence acquired under torture

Regina (C) v Secretary of State for Justice (Media Lawyers Association intervening) [2016] UKSC 2; [2016] WLR (D) 34

Mental disorder — Admission for treatment — Compulsory detention — Claimant committing double murder on release from compulsory detention in psychiatric hospital — Claimant convicted and sentenced to life imprisonment — While serving sentence claimant transferred to high security psychiatric hospital and later to medium security hospital — After completion of tariff period of sentence claimant’s responsible clinician applying for claimant to have unescorted leave in the community so as to assess his suitability for discharge — Application refused by Secretary of State — Claimant seeking judicial review and anonymity order for non disclosure of his identity — High Court dismissing claim and refusing anonymity order — Court of Appeal dismissing appeal against refusal of anonymity order — Whether general presumption of anonymity in civil proceedings relating to patients compulsorily detained in psychiatric hospitals — Whether anonymity order to be made in claimant’s case

Mirga v Secretary of State for Work and Pensions (Secretary of State for Communities and Local Government and another intervening) [2016] UKSC 1; [2016] WLR (D) 33

European Union — Freedom of movement — Right to reside — Equal treatment — Polish citizen not acquiring right to reside under workers registration scheme and refused income support — Whether national legislation excluding European Union citizens from social assistance benefits despite such benefits being available to nationals of host state in breach of fundamental rights of European Union citizens — Whether European Union legislation precluding national legislation — Income Support (General) Regulations 1987 (SI 1987/1967) — Parliament and Council Directive 2004/38/EC — FEU Treaty, art 21(1)FEU


2015 Supreme Court Case Summaries