Uk Supreme Court Court April 2014 Judgments
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Morgan Advanced Materials Plc (Formerly Morgan Crucible Co. Plc.) Vs. ...
Court: UK Supreme Court
Decided on: Apr-09-2014
1. The issue on this appeal is whether claims against Morgan Advanced Materials plc (formerly Morgan Crucible Co plc) (the appellant) for loss allegedly suffered by reason of a cartel infringing article 81(1) TEC (now article 101 TFEU) are time-barred. The issue links with important substantive questions about the nature of the decisions of the European Commission (or European Court of Justice) which bind domestic courts as to the existence of such a cartel. It has been very well argued by counsel on both sides. 2. Article 81(1) prohibited "all agreements between undertakings . and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the internal market". The appellant and others operated an illegal cartel in the sector of electrical and mechanical carbon and graphite products. The appellant as whistle-blower disclosed the existence of the cartel to the Commission and a ...
Cox Vs. Ergo Versicherung Ag (Formerly Known as Victoria)
Court: UK Supreme Court
Decided on: Apr-02-2014
1. These proceedings arise out of a fatal accident in Germany. On 21 May 2004, Major Christopher Cox, an officer serving with H.M. Forces in Germany, was riding his bicycle on the verge of a road near his base when a car left the road and hit him, causing injuries from which he died. The driver was Mr Gunther Kretschmer, a German national resident and domiciled in Germany. He was insured by the respondent, a German insurance company, under a contract governed by German law. The appellant, Major Cox's widow Katerina, was living with him in Germany at the time of the accident. After the accident, she returned to England where she has at all relevant times been domiciled. Since then, she has entered into a new relationship and has had two children with her new partner. 2. It is common ground that the liabilities of Mr Kretschmer and his insurer are governed by German law. It is also common ground that under paragraph 3(1) of the Pflichtversicherungsgesetz, Mrs Cox had a direct right of ac...
R Vs. O'Brien
Court: UK Supreme Court
Decided on: Apr-02-2014
1. Is a person who has been extradited to this country for trial on a criminal charge, and who prior to his extradition was guilty of contempt of court by disobeying a court order, open to punishment for his contempt although it was not the basis of his extradition? The answer depends in part on the proper interpretation of the so “ called "specialty" or "speciality" provisions of the Extradition Act 2003 and partly on the law relating to contempt. The speciality principle (widely recognised in extradition law and extradition treaties) prohibits a person who has been extradited for a particular offence or offences from being dealt with by the requesting state for another offence or offences committed (or alleged to have been committed) before his extradition, subject to such exceptions as may be contained in the relevant statute or treaty. 2. Mr O'Brien appeals against a decision of the Criminal Division of the Court of Appeal (Gross LJ, Openshaw J and Judge Milford QC) [2012] 1 ...
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