The UK Supreme Court Cases on Penalty Clause Cases from a Dutch PerspectiveHarrit N. SchelhaasKluwer Law International
The Supreme Court considered three matters: (1) the profits that were subject to tax in the U.S. (being a question of U.S. tax law); (2) the profits that were subject to tax in the UK (being a question of UK tax law); and (3) whether these were the same. Point (1) was ...
and the SFO may still be able to use its Section 2(3) powers in such cases. The Supreme Court also made it clear that the powers could be used to compel a UK-registered company
“As the vast majority of workers would have gaps of three months or more between holidays, if the Bear Scotland case was followed, this would in most cases limit the period for which holiday pay arrears could be claimed to no more than 12 months. The Supreme Court has confirmed that the...
Lastly, the decision touched upon the jurisdiction of the UK courts after Brexit and confirmed that UK courts are acting as EU trade mark courts until the conclusion of the pending cases involving EU trade marks before them. Conclusion
The UK Supreme Court has recently decided two interesting cases on harshremedies for breach of contract (the penalty doctrine). I will give approximate-descriptions of the cases and compare the outcome in the UK Supreme Courtwith the likely outcomes and reasonings as if the cases were tried by...
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters,
Today’s Supreme Court ruling echoes that of the Court of Appeal, arguing that Kiddee cases’ surface decoration is enough to prevent the case from creating the same ‘overall impression’ as the original Trunki design. The Supreme Court’s decision indicates that surface decoration is a major ...
Another lawyer disagreed that the Supreme Court’s decision was wise. “This is a disappointing outcome in a case where it appears manifestly unjust for a party to be denied fair and equitable matrimonial provision. This result affirming the current law, could lead to cases where manifestly unjus...
The Supreme Court, therefore, adopted a narrower construction of the Disease Clauses than that adopted by the High Court, which had arguably stretched the principles of contractual interpretation to extend the insured peril to include all cases of COVID-19. The Supreme Court nonetheless went on ...