A litigator's quiz: Fourth candle of Advent
The quiz continues with more questions on the key commercial decisions of 2019 in the UK Supreme Court and what to look out for in 2020.
5. What do Singularis v Daiwa and Takhar v Gracefield have in common?(a) They both had a seven judge panel hearing the case
Incorrect.
Although Takhar v Gracefield [2019] UKSC 13 had seven judges on the panel, Singularis v Daiwa [2019] UKSC 50 had the more usual five.
The correct answer is (c).
(b) The first instance decision was in 2017
Incorrect.
Singularis was first decided in 2017 ([2017] EWHC 257) but Takhar was first decided in 2015 ([2015] EWHC 1276) and in fact relates to setting aside an original judgment in 2010 ([2010] EWHC 2872).
The correct answer is (c).
(c) They both involve fraud
Correct!
Takhar v Gracefield [2019] UKSC 13 related to setting aside a judgment obtained by fraud; see here for more detail. Singularis v Daiwa [2019] UKSC 50 related to a bank's liability for failing to stop fraudulent transfers.