Articles tagged as Commercial Law
Latest Law Papers tagged as Commercial Law
Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.
European Superleague Company v FIFA and UEFA (C-333/21), ECLI:EU:C:2023:1011
Case Summaries
The Court of Justice held that FIFA and UEFA’s discretionary approval and sanction rules infringed EU law. It did not approve the proposed Super League itself. ...
Last modified: 4th Nov 2026
Ford and Owen v Financial Conduct Authority [2018] UKUT 0358 (TCC)
Case Summaries
The Upper Tribunal upheld prohibition orders against Keydata executives Ford and Owen and directed penalties of £76 million and £3,240,787 for regulatory misconduct. ...
Last modified: 4th Nov 2026
THG Plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC 6
Case Summaries
Zedra, a minority shareholder in THG plc, sought to add an unfair prejudice complaint about a 2016 bonus share issue more than six years later. By a 4–1 majority, the Supreme Court held that sections 8 and 9 of the Limitation Act 1980 do not apply to section 994 petitions, so no statutory limitation period […] ...
Last modified: 4th Nov 2026
Kession Capital Ltd (in Liquidation) v KVB Consultants Ltd and others [2026] UKSC 11
Case Summaries
Kession, an authorised firm restricted to professional clients, appointed JHM as its appointed representative on terms excluding retail clients. JHM sold failed property schemes to investors who claimed to be retail clients. The Supreme Court held that Kession was not responsible under section 39(3) FSMA for JHM's retail dealings. Background This appeal concerned the appointed […] ...
Last modified: 4th Nov 2026
Gatwick Investment Ltd and others v Liberty Mutual Insurance Europe SE; Bath Racecourse Company Ltd and others v Liberty Mutual Insurance Europe SE and others [2026] UKSC 14
Case Summaries
Hotel and racecourse operators claimed Covid-19 business interruption losses. The Supreme Court held that furlough payments under the Coronavirus Job Retention Scheme 'reduced' their employment costs in consequence of the insured peril, so must be deducted under the policies' savings clauses. Background These conjoined appeals concerned the effect of payments made under the Coronavirus Job […] ...
Last modified: 4th Nov 2026
Valeriy Ernestovich Drelle v Servis-Terminal LLC (In Liquidation in the Russian Federation) [2026] UKSC 29
Case Summaries
The Supreme Court held that a creditor may present a bankruptcy petition on a foreign money judgment which has not been recognised in the United Kingdom and cannot be registered under a reciprocal enforcement statute. At common law that judgment creates an immediate obligation to pay, and that obligation is a “debt” under section 267 […] ...
Last modified: 4th Nov 2026
The Kingdom of Spain and another v The London Steam-Ship Owners’ Mutual Insurance Association Limited No 2 [2026] UKSC 36
Case Summaries
Spain and France claimed against the insurer of the Prestige in the Spanish courts. The insurance contract required arbitration in London. The Supreme Court held that the states’ obligation to arbitrate was contractual. That conclusion explained why the insurer could recover damages even though an injunction against the states was unavailable. In November 2002 the […] ...
Last modified: 4th Nov 2026
Saxon Woods Investments Limited and others v Francesco Costa [2026] UKSC 21
Case Summaries
A director who genuinely believes that his own strategy is best for the company may not pursue it by misleading the board and acting behind its back. The Supreme Court held that the duty in section 172(1) of the Companies Act 2006 to act in good faith applies to the director’s conduct, not only to […] ...
Last modified: 4th Nov 2026
UniCredit Bank GmbH, London Branch v Constitution Aircraft Leasing (Ireland) 3 Ltd and another [2026] UKSC 10
Case Summaries
UniCredit confirmed standby letters of credit securing aircraft leases to Russian airlines. By the time the lessors demanded payment, UK sanctions extended to funds provided in connection with arrangements to make aircraft available for use in Russia. The lessors were Irish and the leases had already ended. The Court nevertheless held that the payments were […] ...
Last modified: 4th Nov 2026
Fimbank Plc v KCH Shipping Co Ltd [2024] UKSC 38
Case Summaries
Fimbank claimed that a sea carrier had delivered a cargo of coal to someone not entitled to it, without production of the bills of lading, and said that this misdelivery occurred after the coal had left the ship. The Supreme Court held that the one-year time limit in both the Hague Rules and the Hague-Visby […] ...
Last modified: 4th Nov 2026
Kireeva v Bedzhamov [2024] UKSC 39
Case Summaries
The Supreme Court held that English common law will not help a trustee appointed in a foreign bankruptcy to take or sell land in England belonging to the bankrupt. Rights in land situated here are governed only by English law — the immovables rule — and that rule is not limited to preventing an automatic […] ...
Last modified: 4th Nov 2026
JTI POLSKA Sp. Z o.o. and others v Jakubowski and others [2023] UKSC 19
Case Summaries
The stolen cigarettes were worth £72,512. The excise duty triggered by their theft was £449,557. Whether the carrier had to meet the larger bill turned on the meaning of “other charges” in the international convention on road carriage. It also raised a question about precedent. Would the Supreme Court overturn a House of Lords decision […] ...
Last modified: 4th Nov 2026
Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32
Case Summaries
Mozambique alleged that officials had been bribed in connection with government guarantees for major supply contracts. Those contracts contained arbitration clauses. The Supreme Court had to identify which disputed issues the English proceedings actually required a judge to decide before it could decide whether any should be sent to arbitration. The dispute arose from three […] ...
Last modified: 4th Nov 2026
R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court and another [2023] UKSC 38
Case Summaries
A company administrator can dismiss employees and manage the business. Was that control enough to make him an officer of the company for a criminal offence concerning notice of redundancies? The Supreme Court held that the answer depended on the office the person held within the company’s constitution. The appeal concerned a point of statutory […] ...
Last modified: 4th Nov 2026
Brake and another v The Chedington Court Estate Ltd [2023] UKSC 29
Case Summaries
The Supreme Court held that Mr and Mrs Brake could not use section 303(1) of the Insolvency Act 1986 to challenge their trustee’s arrangements with The Chedington Court Estate Ltd. Those arrangements led to Chedington’s agents entering a cottage the Brakes possessed and changing the locks. A right of possession unconnected with the bankruptcy did […] ...
Last modified: 4th Nov 2026
Smith and another v Royal Bank of Scotland plc [2023] UKSC 34
Case Summaries
Two customers stopped paying for payment protection insurance years before they closed their credit-card accounts. Which event started the six-year period for seeking repayment of undisclosed commission? The Supreme Court looked at the relationship created by each credit agreement. Cancelling an insurance policy did not in itself end that relationship or undo the financial effects […] ...
Last modified: 4th Nov 2026
The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1
Case Summaries
The Financial Conduct Authority brought this insurance test case because businesses that closed during the first COVID-19 restrictions faced a practical difficulty. Even if a case of illness had occurred near their premises, nationwide restrictions would have been introduced without that particular case. Could an insurer rely on that fact to defeat cover? The answer […] ...
Last modified: 4th Nov 2026
Burnett or Grant v International Insurance Company of Hanover Ltd [2021] UKSC 12
Case Summaries
The insurance dispute turned on two different intentions. A door steward had meant to restrain a customer, but had he meant to cause injury? The answer determined whether the employer’s insurer could rely on a policy exclusion after the customer died. Craig Grant died after a door steward used a neck hold to restrain him […] ...
Last modified: 4th Nov 2026
Evergreen Marine (UK) Limited v Nautical Challenge Ltd [2021] UKSC 6
Case Summaries
Outside the entrance to Jebel Ali, one ship was leaving a narrow channel while another waited to take on a pilot. A collision raised a practical question: should the ships follow the rules for crossing paths or those for navigating a narrow channel? On 11 February 2015 the outbound container ship Ever Smart collided with […] ...
Last modified: 4th Nov 2026
Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48
Case Summaries
The Supreme Court dismissed Kabab-Ji’s appeal and refused enforcement in England of a Paris ICC award against Kout Food Group. English law, chosen to govern the franchise agreements, also governed whether KFG had become a party to the arbitration clause. Clauses requiring signed writing meant there was no real prospect that KFG had joined by […] ...
Last modified: 4th Nov 2026
Alize 1954 and another v Allianz Elementar Versicherungs AG and others [2021] UKSC 51
Case Summaries
The Supreme Court dismissed shipowners' appeal and held that their container vessel was unseaworthy under article III rule 1 of the Hague Rules because a defective passage plan caused her to ground on leaving Xiamen. The owners could not rely on the nautical fault exception in article IV rule 2(a), and their crew's failure to […] ...
Last modified: 4th Nov 2026
Micula and others v Romania [2020] UKSC 5
Case Summaries
In February 2020 the Supreme Court had to decide whether enforcement of an ICSID award against Romania should wait for EU state-aid proceedings. Registration had already taken place in England. The dispute was whether the English court could continue to suspend enforcement and require Romania to give security in the meantime. The investment, the treaty […] ...
Last modified: 4th Nov 2026
Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC and others [2020] UKSC 24
Case Summaries
When customers paid by card, Visa and Mastercard’s default interchange fees put a floor under part of the charge that retailers paid their banks. The retailers said that competing banks would otherwise have had to negotiate that part of the price. The Supreme Court addressed the restriction, the evidence needed for an exemption, and how […] ...
Last modified: 4th Nov 2026
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25
Case Summaries
A company in liquidation may refer a dispute arising under a construction contract to adjudication even though the other party has cross-claims that engage insolvency set-off. The Supreme Court held that set-off does not remove the adjudicator’s jurisdiction and that the reference is not futile merely because summary enforcement may later be refused. Bresco’s appeal […] ...
Last modified: 4th Nov 2026
Sevilleja v Marex Financial Ltd [2020] UKSC 31
Case Summaries
Marex, a judgment creditor of two companies controlled by Mr Sevilleja, alleged that he had moved their assets beyond reach so that its judgment could not be paid, and sued him personally in tort. The Supreme Court held that this claim was not barred by the rule against reflective loss. That rule prevents a shareholder […] ...
Last modified: 4th Nov 2026
