News & Analysis as of

UK Supreme Court

King & Spalding

Following Finch: Planning Permission for Coal Mine Quashed

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In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more

Mayer Brown

English High Court applies Supreme Court decision in Finch: UK fossil fuel projects must be assessed for future climate impact

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Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996: The Arbitration Bill in its New Form

We are keeping an eye on the progress of the reform of the English Arbitration Act 1996. The Arbitration Bill, first introduced in November 2023, was designed to update the Arbitration Act 1996 and reinforce England’s...more

Baker Botts L.L.P.

UK Supreme Court Confirms Power to Issue Anti-Suit Injunction in Support of Foreign-Seated Arbitrations and Clarifies Enka Test...

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In its recent judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30, arising out of a dispute between a Russian energy developer and a German bank concerning the effect of EU sanctions on Russia, the UK Supreme...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Cooley LLP

UK Supreme Court Upholds Anti-Suit Injunction in Support of French Arbitration

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In UniCredit Bank GmbH v. RusChemAlliance LLC, the UK Supreme Court confirmed the general common law rule that a choice of governing law for a contract as a whole will apply to an arbitration agreement within the contract,...more

BCLP

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

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Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping...more

Hogan Lovells

UK Supreme Court prevents employer dismissing employees with permanent pay protection

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In Tesco Stores Ltd v USDAW the UK Supreme Court has reinstated an injunction stopping Tesco from dismissing and re-engaging employees on new terms to remove their contractual pay protection. The circumstances in which the...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

BCLP

The winding road ahead: navigating representative proceedings in the High Court

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With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

King & Spalding

UK Supreme Court: Downstream Emissions Must be Assessed in Environmental Impact Assessments for New Oil and Gas Projects

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In a highly anticipated judgment, a 3:2 majority of the UK Supreme Court ruled in R (Finch) v Surrey County Council and others [2024] UKSC 20 that environmental impact assessments (EIAs) for fossil-fuel projects must include...more

Mayer Brown

UK Supreme Court Clarifies Basis of ‘Knowing Receipt’ Claims Arising From Breach of Fiduciary Duty

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"The law on 'knowing receipt' has perplexed judges and academics alike for several decades" – Lord Burrows (paragraph 99). In a decision with significant implications for claims involving fraud and breach of fiduciary duty...more

BCLP

RTI Ltd v MUR Shipping BV: Certainty v Commerciality

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In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise...more

Jones Day

UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

Jones Day on

The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more

Mayer Brown

UK Supreme Court rules that all fossil fuel projects must be assessed for future impact

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The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

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Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

Akin Gump Strauss Hauer & Feld LLP

Downstream GHG Emissions to be Taken into Account in Planning Decisions

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions...more

BCLP

Briefcase 2024 Quarter 2: Key Real Estate Cases and Updates

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Case 1: Patel and others v Spender and others - The applicants sought to modify a covenant against external alterations relying on the “limited benefit” ground in section 84 of the Law of Property Act 1925....more

Bracewell LLP

UK Supreme Court Ruling on Scope 3 Emissions: Have the Floodgates to Climate Change Litigation Fully Opened?

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On 20 June 2024 the UK Supreme Court issued its long awaited decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20...more

Vinson & Elkins LLP

UK Supreme Court Hands Down a Groundbreaking Decision Requiring The Assessment of “Scope 3” GHG Emissions for a Proposed Oil...

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In a landmark judgment handed down on 20 June 2024, R (Finch) v Surrey County Council and others [2024] UKSC 20, the Supreme Court of the United Kingdom has ruled that “Scope 3” greenhouse gas (GHG) emissions resulting from...more

Dechert LLP

Force Majeure: When Performance Is Not Enough

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Parties affected by a force majeure event should exercise "reasonable endeavours" to overcome such an event, even if the contract does not clearly state so. However, when exercising reasonable endeavours, parties do not...more

Cooley LLP

UK Supreme Court Emphasises Importance of Mitigation in Sale of Goods Claims

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In its judgment in Sharp Corporation Ltd v. Viterra BV handed down last month, the UK Supreme Court held that damages for nonacceptance of goods should be determined by reference to the realisable value of the goods left in...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

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