News & Analysis as of

Supreme Court of the United Kingdom

Speech: The tortuous path to the UK's exit from the EU

by DLA Piper on

The political consequences of the referendum - On 23 June 2016, the UK voted by a 52:48 majority to leave the European Union. A day later David Cameron resigned as Prime Minister. The country was plunged into a state of...more

UK Law Lords in Historic Decision on Employment Tribunal Fees

In a judgment that many commentators are calling the most significant in employment law in over 50 years, on July 25, 2017, the United Kingdom’s Supreme Court decided that the system whereby employees must pay fees to bring...more

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

by Latham & Watkins LLP on

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

The rules of interpretation: a seller indemnity in a share purchase agreement

by Dentons on

The Supreme Court has dismissed an appeal over the meaning of an indemnity in a share purchase agreement, and in delivering its judgment has given guidance on the rules of contractual interpretation....more

UK Supreme Court hands down landmark ruling in favour of Eli Lilly

by Hogan Lovells on

Following last Friday’s (7 July 2017) unusual move of advance publication of the outcome of the case, the UK Supreme Court now published the reasons for its decision in the long-running Actavis v Eli Lilly case. The reasons...more

The benefit of hindsight: the Supreme Court resets the course of the New Flamenco, and the law on mitigation of damages

by White & Case LLP on

The much-anticipated judgment of the Supreme Court in Globalia Business Travel SAU (formerly TravelPlan SAU) of Spain v Fulton Shipping Inc1 ("The New Flamenco") has been handed down, overruling the Court of Appeal and...more

The Supreme Court reinforces the SAAMCo Principle

by Dentons on

The Supreme Court in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (also known as Gabriel v. Little) has considered for the first time, and reinforced, the principles set out in the landmark professional negligence case of...more

The Precarious Nature of Trust Assets at Home and Abroad

by Latham & Watkins LLP on

In Akers (and others) v. Samba Financial Group [2007] UKSC 6, the UK Supreme Court has confirmed the limited nature of British insolvency officer-holders’ ability to void dispositions of a company’s assets held on trust. The...more

UK Supreme Court rules parliament should hold Brexit vote

by Ropes & Gray LLP on

The UK Supreme Court ruled today that the UK government must hold a parliamentary vote before triggering Article 50 to leave the European Union. The ruling confirmed the November 2016 decision of the UK High Court....more

The Supreme Court’s judgment on Article 50 - what happens now?

by DLA Piper on

Public Law analysis: In its highly anticipated judgment in R (on the application of Miller and another) v Secretary of State for Exiting the European Union, the UK Supreme Court ruled (by majority) that an Act of Parliament...more

High Court Brexit: ruling the government cannot trigger Article 50 without parliamentary approval

by Dentons on

The High Court in R(Miller) v. Secretary of State for Exiting the European Union has held that the UK government cannot trigger Article 50 of the Treaty on the European Union (TEU) without parliamentary approval, in the most...more

Brexit and the Supreme Court - trial by fire?

by Dentons on

The case of The Queen on the application of Miller and Dos Santos v. the Secretary of State for Exiting the European Union is not about overturning the UK's referendum decision to leave the European Union. It actually...more

Supreme Court Day 4: in the end, it is about where to start

by Hogan Lovells on

Today was the final day of the Supreme Court hearing of the Article 50 case (R (Miller and Ors) v Secretary of State for Exiting the European Union). The Court heard submissions from the Scottish and Welsh governments as well...more

Brexit: What next in the Article 50 Judicial Review?

by DLA Piper on

The English High Court today held that the UK Government cannot trigger Article 50 of the EU Treaty to commence the UK's exit from the European Union, or 'Brexit', without referring the matter to Parliament. This differs from...more

Blog: Supreme Court rules that “collateral lies” are no bar to a claim on an insurance policy

by Cooley LLP on

In Versloot Dredging v HDI Gerling Industrie Versicherung AG [2016] UKSC 45, the Supreme Court held that a claim which is supported by a fraudulent narrative will not be subject to forfeiture under the fraudulent claims rule...more

Was an Employer Liable for Assault Committed by its Employee?

by Faegre Baker Daniels on

The Supreme Court in Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11 considered whether an employer was liable for an assault committed by one of its employees on a customer. Mr Khan worked at a petrol station...more

The Supreme Court has reformulated the rule against penalties

by Dentons on

Cavendish Square Holdings BV v. Makdessi and ParkingEye Ltd v. Beavis - In November 2015, in a widely anticipated judgment, the Supreme Court reviewed the operation of the rule on penalties for the first time in a...more

Supreme Court Ruling on Penalties: A Genuinely Commercial Approach

by White & Case LLP on

The Supreme Court has clarified and restated the scope of the English law rule against penalties. This important decision will have a far-reaching impact on commercial parties’ assessment of whether contract provisions...more

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