Allegations had been made that a contract had been procured by bribery. The other party said that the admissions of bribery had been extracted by torture and were inadmissible. The CA had decided that the unproven possibility that it was obtained by torture was to be ignored.
Held: The appeal succeeded and the judgment in favour of Shagang restored. The CA had mistakenly interfered with what were factual conclusions of the trial judge.
Lord Hodge, Deputy President, Lord Briggs, Lord Hamblen, Lord Leggatt, Lord Burrows
 UKSC 34
Bailii, Bailii Summary
England and Wales
At First Instance – Shagang Shipping Company Ltd v HNA Group Company Ltd ComC 16-May-2016
It was said that a contract had been procured only by bribery. The defendant said that the so called confessions had been obtained by torture, and were inadmissible. No one with first-hand knowledge of the alleged bribery or torture gave evidence . .
Appeal from – Shagang Shipping Company Ltd v HNA Group Company Ltd CA 23-Jul-2018
Appeal from finding that a contract award had not been obtained by bribery. The defendant said that the confessions of bribery had been extracted by torture and appealed a finding that the contract was enforceable.
Held: The appeal succeeded. . .
Cited – Rex v John Tippet 1823
Confession of a prisoner evidence against him, without positive proof aliunde of the offence having been committed. . .
Cited – Rex v Sykes 1913
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Mentioned – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Simetra Global Assets Ltd and Another v Ikon Finance Ltd and Others CA 9-Aug-2019
The claimant alleged that the various defendants had been involved in dishonest assistance in the running of an investment ponzi scheme leading to substantial losses.
Held: The Court considered the considerations for an appellate court asked . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.652987