Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: UK Supreme Court

Are pre-contractual representations “continuing”? Even if the contracting parties change?

Posted in Case Comments, Contracts, Corporate Law

Circumstances change and what is true today may not be true tomorrow. For that reason, some representations carry with them the obligation to advise the representee if the relevant circumstances change. These are usually referred to as “continuing” representations.

But can a continuing representation carry with it the obligation to update a third party, to whom the representation was not even made? The UK Supreme Court says it can in Cramaso LLP v Ogilvie-Grant, Earl of Seafield and Others, a case with a peculiar set of facts which may have broad implications for parties engaged in pre-contractual negotiations.

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The Second Opinion: U.K Supreme Court Rules Against Sanctions on Iranian Bank

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

The U.K. Supreme Court recently quashed an order prohibiting Bank Mellat from operating in Britain  (the “Order”) over allegations the Bank helped finance Iran’s nuclear weapons program. The decision will have ramifications for states attempting to impose sanctions, including Canada, as well as institutions attempting to implement such sanctions.

The Court also weighed in on the appropriateness of secret hearings held to determine evidentiary issues in such matters.… Continue Reading

The Second Opinion: Arbitration Clauses Have “Super” Powers, UK Supreme Court Rules

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

What should prevail – an already commenced foreign court proceeding or an unexercised arbitration clause?  The answer, according to the UK Supreme Court, may surprise you.  In a recent ruling of relevance to Canadian practitioners and business, the UK Supreme Court granted an injunction to prevent the continuance of a foreign court proceeding (a so-called “anti-suit injunction”) on the basis of an arbitration clause which had not been invoked.  In other words, a foreign court proceeding was enjoined even though there was no competing domestic arbitral proceeding underway.… Continue Reading

UK Supreme Court Confirms – No Breach of Confidence without a Breach… or Confidence

Posted in Case Comments, Contracts, Corporate Law, Intellectual Property, Manufacturing

Introduction

In a knowledge economy protection of trade secrets is critical to a corporation’s continued success and profitability. The misuse of trade secrets by competitors can be devastating to a corporation’s position in the marketplace. That is particularly true when it is ex-employees who are misusing trade secrets to compete against their former employer. In such circumstances, numerous remedies are available to employers including a civil action for breach of confidence.

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The Second Opinion: UK Supreme Court decides it’s okay to look

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Is there a difference between having a collection of headlines assembled in a report and sent to you by email versus viewing that same report on a website? The UK Supreme Court recently decided there is, overturning the decisions of the courts below and holding that the latter activity is covered by the ‘temporary copies’ exception in UK copyright law.  The case concerns the activities of Meltwater, a news aggregator which has been a global thorn in the side of rights holders, including here in Canada where in June 2011, a group of Canada’s biggest news publishers including Postmedia Network … Continue Reading

The UK and Canadian Supreme Courts to Consider the Legal Status of Equity Partners

Posted in Administrative, Case Comments, Labour and Employment, Professions

Can equity partners at professional firms take advantage of statutory employment law protections? Both the UK and Canadian Supreme Courts have recently granted leave in cases which consider that question. In the UK, Clyde & Co LLP v Bates Van Winkelhof concerns a whistle blower claim, money laundering in Tanzania, and allegations of sexual discrimination. In Canada, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal) is, in typical Canadian fashion, far less exciting. It concerns the application of a national full service law firm’s mandatory retirement policy.

Background

The majority of multi-lawyer law firms in the United Kingdom, … Continue Reading

Interlocutory Injunctions in the Public Interest: The UK Supreme Court Considers When an Undertaking In Damages Is Required

Posted in Case Comments, Financial Services, Procedure

In a recent decision, the UK Supreme Court considered whether public authorities, acting in fulfillment of their statutory mandate, have to give an undertaking in damages when they seek an interlocutory injunction. The case arose in the context of a share sale scheme that the Financial Services Authority (“FSA”) alleged to be a fraud, involving the sale of shares to third party investors, without an approved prospectus, in Sinaloa Gold plc (“Sinaloa”). In December 2010, the FSA initiated proceedings against Sinaloa and two other defendants. Shortly before doing so, the FSA had obtained without notice an interlocutory injunction freezing

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The Second Opinion: The UK Supreme Court Addresses a Host of Conflict of Laws Issues

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Conflict of Laws, The Second Opinion

What law should a Court apply when determining whether to pierce the corporate veil of a foreign corporation?  How much deference should an appellate Court give to a lower Court’s findings regarding the appropriate jurisdiction to adjudicate a case?  What law applies to transnational tortious misrepresentations?  These are among the many conflict of laws issues addressed by the UK Supreme Court recently in VTB Capital plc v. Nutritek International Corp.  The decision in VTB is relevant to the evolving conflict of laws jurisprudence in Canada.

Although very nuanced, the salient jurisdictional facts of the VTB case are, briefly stated, as … Continue Reading

The Second Opinion: The UK Supreme Court Declines to Extend the “Piercing the Corporate Veil” Doctrine

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

In a much-anticipated decision released earlier this week that could have implications throughout Canada, the UK Supreme Court revisited and ultimately reaffirmed its venerable decision in Salomon v. Salomon, which recognized over a century ago the separate legal existence of a corporation from its shareholders. The Supreme Court was urged to lift the corporate veil in order to treat the owner of the corporations involved in the dispute as, in effect, a contracting party to various agreements signed only by the corporations. The Court unhesitatingly declined to do so.… Continue Reading

The Interpretation of Contracts When the Unforeseen Happens

Posted in Case Comments, Contracts

Purposive and contextual interpretation that achieves the original meaning

Disputes over the meaning of contracts most often arise in one of three circumstances. The first is when an event has occurred that the contracting parties did not foresee or provide for at the time of contracting. The second is when there was (subjectively) no meeting of the minds on a particular point, with the result that the parties have ended up with diverging expectations of their contractual rights and obligations. The third is when there has been sloppy or faulty drafting, such that the contractual language is ambiguous or unclear. … Continue Reading

UK Supreme Court to Consider Duty of Care for Negligent Misrepresentation

Posted in Case Previews, Torts

The United Kingdom Supreme Court has granted permission to appeal in a case involving the duty of care for negligent misrepresentation.  The appeal in Scullion will require the Court to consider whether a property surveyor, which prepared a valuation report for the property purchaser’s mortgagee, owed a duty of care to the purchaser himself, even though he acquired the property for investment rather than residential purposes.

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