Jennifer Wiss-Carline, LL.B, MA, PGCert Bus Admin, Solicitor, FCILEx
97
Articles Published
Jennifer Wiss-Carline is an SRA-regulated Solicitor, Chartered Legal Executive and Commissioner for Oaths. She has taught law to Undergraduate LL.B students.
Areas of Expertise
LawWills and ProbateEstate PlanningCourt of ProtectionFamily LawInheritance TaxProperty LawContract LawCommercial Law
Awards
Highly Commended at the 2018 CILEX National Awards for Legal Knowledge
Articles by Jennifer Wiss-Carline
R v Johnson [1997] 1 WLR 367
Article. Published: March 27, 2026
Categories: Case Summaries
The Court of Appeal held that hundreds of obscene telephone calls made to thirteen different women constituted a public nuisance. By applying a “cumulative effect” test, the court determined the conduct affected a section of the public rather than just isolated individuals. However, this reasoning was later overruled for contradicting the rationale of the offence. […]…
Craig v Her Majesty’s Advocate (for the Government of the United States of America) [2022] UKSC 6
Article. Published: March 25, 2026
Categories: Case Summaries
Mr Craig’s extradition to the US was challenged because the UK Government unlawfully failed to commence forum bar provisions in Scotland enacted by Parliament. The Supreme Court held this failure meant the extradition proceedings were not ‘in accordance with the law’ under Article 8 ECHR, rendering the Scottish Ministers’ acts ultra vires. Background The appellant, […]…
Bloomberg LP v ZXC [2022] UKSC 5
Article. Published: March 25, 2026
Categories: Case Summaries
Bloomberg published details from a confidential law enforcement Letter of Request identifying ZXC as a suspect in a criminal investigation. The Supreme Court held that, as a legitimate starting point, persons under criminal investigation have a reasonable expectation of privacy in information relating to that investigation prior to being charged. Background The respondent, ZXC, was […]…
Public Prosecutor’s Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4
Article. Published: March 25, 2026
Categories: Case Summaries
The Supreme Court held that under section 26(5) of the Extradition Act 2003, a person seeking to appeal an extradition order out of time need only show that they personally did everything reasonably possible to ensure timely notice, without being held responsible for their solicitor’s failures. Background On 11 March 2013, the Court of Appeal […]…
R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department [2022] UKSC 3
Article. Published: March 25, 2026
Categories: Case Summaries
A child born in the UK challenged the £1,012 registration fee for British citizenship as ultra vires, arguing it rendered her statutory right nugatory due to unaffordability. The Supreme Court dismissed the appeal, holding Parliament had expressly authorised the Secretary of State to set fees at that level under the Immigration Act 2014. Background The […]…
Akdogan and another v Director of Public Prosecutions [2022] UKSC 2
Article. Published: March 25, 2026
Categories: Case Summaries
Three appellants were convicted under section 13 of the Terrorism Act 2000 for carrying PKK flags at a London demonstration. The Supreme Court held that section 13 creates a strict liability offence and that this is compatible with the right to freedom of expression under Article 10 ECHR. Background On 27 January 2018, the three […]…
Port Property Services Ltd v Settlers Court RTM Company Ltd and others [2022] UKSC 1
Article. Published: March 25, 2026
Categories: Case Summaries
The Supreme Court considered whether the statutory ‘right to manage’ under the Commonhold and Leasehold Reform Act 2002 extends to shared estate facilities used by occupants of multiple buildings. It held it does not, overruling Gala Unity, confining the right to the relevant building and exclusively used appurtenant property. Background The appeal concerned the Virginia […]…
Jalla and another v Shell International Trading and Shipping Co Ltd and another [2023] UKSC 16
Article. Published: March 25, 2026
Categories: Case Summaries
Following a major offshore oil spill in Nigeria in 2011, the claimants argued the oil remaining on their land constituted a continuing nuisance, restarting the limitation period daily. The Supreme Court rejected this, holding that a one-off escape causing ongoing damage does not create a continuing cause of action in private nuisance. Background On 20 […]…
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15
Article. Published: March 25, 2026
Categories: Case Summaries
A Jehovah’s Witness elder raped an adult female congregation member at his home. The Supreme Court allowed the congregation trustees’ appeal, holding the organisation was not vicariously liable because the rape was not sufficiently closely connected with the elder’s authorised activities to satisfy the ‘close connection’ test at stage 2. Background The respondent, Mrs B, […]…
Fearn & Ors v Board of Trustees of the Tate Gallery [2023] UKSC 4
Article. Published: March 25, 2026
Categories: Case Summaries
Residents of Neo Bankside flats with glass walls sued the Tate Gallery, claiming its public viewing gallery enabled hundreds of thousands of visitors annually to peer into their living areas, constituting private nuisance. The Supreme Court held this constant visual intrusion was actionable as nuisance, remitting the case for determination of remedy. Background The appellants […]…
Barton & Ors v Morris & Anor [2023] UKSC 3
Article. Published: March 25, 2026
Categories: Case Summaries
Mr Barton introduced a buyer for Foxpace’s property under an oral agreement entitling him to £1.2 million if the property sold for £6.5 million. It sold for £6 million. The Supreme Court (3-2) held the contract precluded any payment, and unjust enrichment could not override the contractual allocation of risk. Background Mr Philip Barton, a […]…
Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2
Article. Published: March 25, 2026
Categories: Case Summaries
A dispute over the conclusive effect of a landlord’s service charge certificate in a commercial lease. The Supreme Court held the certificate was conclusive as to the sum payable, requiring payment, but did not preclude the tenant from subsequently challenging underlying liability — a ‘pay now, argue later’ regime. Background Sara & Hossein Asset Holdings […]…
McCue v Glasgow City Council (Scotland) [2023] UKSC 1
Article. Published: March 25, 2026
Categories: Case Summaries
A guardian for a disabled man challenged Glasgow City Council’s assessment of charges for community care services, arguing insufficient deductions for disability-related expenditure constituted unlawful discrimination under the Equality Act 2010. The Supreme Court held the Council’s charging approach was not discriminatory under sections 15 or 20, as the treatment was favourable to disabled persons, […]…
Hirachand v Hirachand and another [2024] UKSC 43
Article. Published: March 24, 2026
Categories: Case Summaries
The Supreme Court considered whether a court making an award under the Inheritance (Provision for Family and Dependants) Act 1975 could include a sum for a success fee payable under a conditional fee agreement, despite section 58A(6) of the Courts and Legal Services Act 1990 prohibiting recovery of success fees via costs orders. The Court […]…
R (on the application of Cobalt Data Centre 2 LLP and another) v Commissioners for His Majesty’s Revenue and Customs [2024] UKSC 40
Article. Published: March 24, 2026
Categories: Case Summaries
Two LLPs claimed 100% enterprise zone capital allowances for expenditure on data centres built under a 'golden contract' entered into just before the 10-year deadline. The Supreme Court dismissed the appeal, holding that expenditure on buildings not contractually committed to within the first 10-year period did not satisfy section 298 of the Capital Allowances Act […]…
UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30
Article. Published: March 24, 2026
Categories: Case Summaries
The UKSC dismissed RusChemAlliance's appeal, holding that arbitration agreements in bonds governed by English law entitled UniCredit to an anti-suit injunction restraining Russian court proceedings brought in breach of those agreements, even though the agreed seat of arbitration was Paris, not England. Background RusChemAlliance LLC (‘RusChem’), a Russian company, entered into construction contracts with German […]…
Commissioners for His Majesty’s Revenue and Customs v Professional Game Match Officials Ltd [2024] UKSC 29
Article. Published: March 24, 2026
Categories: Case Summaries
The Supreme Court considered whether part-time football referees engaged by PGMOL for individual matches were employees. It held that the irreducible minimum of mutuality of obligation and control necessary for employment contracts was satisfied, dismissing PGMOL's appeal and remitting the case for a full assessment of employment status. Background Professional Game Match Officials Limited (PGMOL) […]…
Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and others [2024] UKSC 28
Article. Published: March 24, 2026
Categories: Case Summaries
Tesco offered employees 'permanent' retained pay as an inducement to relocate to new distribution centres instead of accepting redundancy. When Tesco later sought to remove retained pay by dismissing and re-engaging employees on new terms, the Supreme Court held an implied term prevented this and granted injunctive relief. Background In 2007, Tesco embarked on an […]…
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27
Article. Published: March 24, 2026
Categories: Case Summaries
An RTM company failed to serve a claim notice on an intermediate landlord as required under section 79(6)(a) of the CLRA 2002. The Supreme Court held this failure rendered the transfer voidable, not void, and dismissed the appeal since the tribunal had already approved the scheme and the landlord suffered no substantive prejudice. Background The […]…
QX v Secretary of State for the Home Department [2024] UKSC 26
Article. Published: March 24, 2026
Categories: Case Summaries
The Supreme Court considered whether Article 6(1) ECHR's fair hearing guarantee applies to judicial review of a decision to impose a temporary exclusion order under the Counter-Terrorism and Security Act 2015, where associated obligations interfere with the subject's civil rights. The Court held it does, dismissing the Secretary of State's appeal. Background The respondent, QX, […]…
Centrica Overseas Holdings Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] UKSC 25
Article. Published: March 24, 2026
Categories: Case Summaries
An intermediate holding company sought to deduct professional advisory fees incurred in disposing of a loss-making subsidiary as revenue expenses of management. The Supreme Court held the fees were capital expenditure, applying the same capital/revenue distinction used for trading companies, and therefore not deductible under section 1219 of the Corporation Tax Act 2009. Background Centrica […]…
Lipton and another v BA Cityflyer Ltd [2024] UKSC 24
Article. Published: March 24, 2026
Categories: Case Summaries
Passengers' flight from Milan was cancelled due to pilot illness. The Supreme Court held that pilot illness is not an 'extraordinary circumstance' under EU Regulation 261/2004, so the airline must pay compensation. The Court also clarified that pre-Brexit accrued EU law rights form part of 'retained EU law' under the Withdrawal Act 2018. Background Mr […]…
Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23
Article. Published: March 24, 2026
Categories: Case Summaries
The Supreme Court held that a collateral warranty given by a contractor to a tenant was not a 'construction contract' under the Housing Grants, Construction and Regeneration Act 1996, as it merely replicated obligations owed under the building contract rather than creating separate obligations for carrying out construction operations. The decision overruled Parkwood Leisure. Background […]…
The Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No 2) [2024] UKSC 22
Article. Published: March 24, 2026
Categories: Case Summaries
The Manchester Ship Canal Company sued United Utilities over repeated discharges of foul water from sewers into the canal. The Supreme Court held that the Water Industry Act 1991 does not bar common law claims in nuisance or trespass against sewerage undertakers for polluting discharges into watercourses, distinguishing the case from Marcic v Thames Water. […]…
Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21
Article. Published: March 24, 2026
Categories: Case Summaries
A British citizen convicted in absentia of war crimes by a Bangladeshi tribunal sued the Home Secretary for libel after a government report stated he was guilty. The Supreme Court held that striking out his claim as an abuse of process was wrong, as he never had a fair opportunity to contest the foreign conviction. […]…
R (Finch) v Surrey County Council and others [2024] UKSC 20
Article. Published: March 24, 2026
Categories: Case Summaries
Sarah Finch challenged Surrey County Council's grant of planning permission for oil extraction at Horse Hill, arguing the environmental impact assessment unlawfully excluded greenhouse gas emissions from the eventual combustion of the extracted oil. The Supreme Court agreed (3-2), holding that combustion emissions were inevitable indirect effects of the project requiring assessment. Background Horse Hill […]…
George v Cannell and another [2024] UKSC 19 (12 June 2024)
Article. Published: March 24, 2026
Categories: Case Summaries
The Supreme Court considered whether section 3(1) of the Defamation Act 1952 permits recovery of damages for injured feelings in a malicious falsehood claim where no financial loss was caused. The majority held it does not, awarding only nominal damages of £5, as the tort remains fundamentally economic in character. Background The claimant, Fiona George, […]…
RTI Ltd v MUR Shipping BV [2024] UKSC 18
Article. Published: March 21, 2026
Categories: Case Summaries
MUR Shipping invoked a force majeure clause when US sanctions impeded contractual payment in US dollars. RTI offered to pay in euros instead. The Supreme Court held that reasonable endeavours in force majeure clauses do not require the affected party to accept non-contractual performance, absent clear wording. Background MUR Shipping BV (shipowner) and RTI Ltd […]…
Lifestyle Equities CV and another v Ahmed and another [2024] UKSC 17
Article. Published: March 21, 2026
Categories: Case Summaries
Trade mark owners sued company directors as accessories for the company’s trade mark infringements. The Supreme Court held that accessory liability requires knowledge of facts making the acts infringing, even for strict liability torts. Directors are not subject to special rules but were not liable here as no such knowledge was found. Background The appellants, […]…
Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16
Article. Published: March 21, 2026
Categories: Case Summaries
Argentum salvaged silver bars from a shipwreck belonging to South Africa and claimed salvage. The Supreme Court held South Africa was immune from the in rem claim under the State Immunity Act 1978, as the silver was intended for the non-commercial sovereign purpose of minting coinage, not in use for commercial purposes. Background In November […]…
Davies v Bridgend County Borough Council [2024] UKSC 15
Article. Published: March 21, 2026
Categories: Case Summaries
A homeowner claimed damages for residual diminution in property value caused by Japanese Knotweed encroaching from council land. The Supreme Court held the diminution predated the council’s breach of duty (2013–2018) and was not caused by it, applying the ‘but for’ causation test. The appeal was allowed and no damages awarded. Background The respondent, Marc […]…
Sharp Corp Ltd v Viterra BV [2024] UKSC 14
Article. Published: March 21, 2026
Categories: Case Summaries
A dispute over damages for buyer’s default under GAFTA contracts for pulses sold C&FFO Mundra. The Supreme Court held the Court of Appeal exceeded its jurisdiction under section 69 of the Arbitration Act 1996 by deciding unraised questions and making factual findings, but allowed the cross-appeal on the correct basis for assessing damages. Background This […]…
R (on the application of AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13
Article. Published: March 21, 2026
Categories: Case Summaries
A Belarusian foreign criminal deliberately thwarted his deportation by lying to Belarusian authorities, creating prolonged ‘limbo’ status in the UK without leave to remain. The Supreme Court held that refusing leave to remain did not violate Article 8 ECHR, overturning lower courts and clarifying the proportionality framework for self-induced immigration limbo cases. Background The respondent, […]…
Secretary of State for Business and Trade v Mercer [2024] UKSC 12
Article. Published: March 21, 2026
Categories: Case Summaries
A UNISON representative was suspended for participating in lawful strike action. The Supreme Court held that section 146 of TULRCA, which provides no protection against detriment short of dismissal for lawful industrial action, is incompatible with Article 11 ECHR. A declaration of incompatibility was made. Background Fiona Mercer was employed as a support worker by […]…
Hassam and another v Rabot and another [2024] UKSC 11
Article. Published: March 21, 2026
Categories: Case Summaries
The Supreme Court determined how damages for pain, suffering and loss of amenity should be assessed when a claimant suffers both whiplash and non-whiplash injuries in the same road traffic accident. The Court upheld the ‘Sadler’ step-back approach, adding the statutory tariff for whiplash to common law damages for non-whiplash injuries, then making a rough […]…
Merticariu v Judecatoria Arad, Romania [2024] UKSC 10
Article. Published: March 21, 2026
Categories: Case Summaries
The Supreme Court held that section 20(5) of the Extradition Act 2003 requires a requested person to have an entitlement to a retrial, not merely a right to apply for one. A retrial right contingent on a foreign court’s factual finding about deliberate absence is insufficient. The appellant’s extradition order was quashed and his discharge […]…
Bertino v Public Prosecutor’s Office, Italy [2024] UKSC 9
Article. Published: March 21, 2026
Categories: Case Summaries
An Italian national convicted in absentia of a sexual offence challenged his extradition to Italy. The UK Supreme Court held he had not deliberately absented himself from trial, as he was never informed of criminal proceedings or the trial date, and had not unequivocally waived his right to be present. His extradition was quashed. Background […]…
Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8
Article. Published: March 21, 2026
Categories: Case Summaries
Lifestyle Equities owned UK/EU trade marks for ‘Beverly Hills Polo Club’. Amazon marketed identically branded US goods on its USA website to UK consumers. The Supreme Court held Amazon’s USA website targeted UK consumers, constituting trade mark infringement, dismissing Amazon’s appeal against the Court of Appeal’s decision. Background The respondents, Lifestyle Equities CV and Lifestyle […]…
In the matter of an application by RM (a person under disability) by SM, his father and next friend (AP) for Judicial Review [2024] UKSC 7
Article. Published: March 21, 2026
Categories: Case Summaries
A restricted patient detained under the Mental Health (Northern Ireland) Order 1986 challenged his continued detention when his treatment plan involved community-based leave of absence. The Supreme Court held that leave of absence under article 15 is not inconsistent with continued detention for hospital treatment, restoring the review tribunal’s decision. Background RM is a restricted […]…
Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6
Article. Published: March 21, 2026
Categories: Case Summaries
A hire car was damaged in a collision caused by the other driver’s negligence. The hirer claimed £1,560 owed to the hire company under a contractual loss-of-use clause. The Supreme Court held this consequential loss was recoverable, as the insurer failed to prove the clause was an unreasonable pre-estimate of loss. Background The appellant, Lorna […]…
Jersey Choice Ltd v His Majesty’s Treasury [2024] UKSC 5
Article. Published: March 21, 2026
Categories: Case Summaries
Jersey Choice Ltd, a Jersey horticultural company, claimed Francovich damages against HM Treasury for removing VAT low value consignment relief on mail order goods from the Channel Islands. The Supreme Court dismissed the appeal, holding the charge was a fiscal measure, not a customs duty, and Jersey was a third territory to which the EU […]…
In the matter of an application by Stephen Hilland for Judicial Review [2024] UKSC 4
Article. Published: March 21, 2026
Categories: Case Summaries
A determinate custodial sentence prisoner challenged the Department of Justice's practice of applying a 'risk of harm' test for licence revocation and recall, rather than the 'risk of serious harm' test applied to indeterminate and extended custodial sentence prisoners, alleging unjustifiable discrimination under Article 14 ECHR read with Article 5. The Supreme Court dismissed the […]…
Potanina v Potanin [2024] UKSC 3
Article. Published: March 21, 2026
Categories: Case Summaries
The Supreme Court considered whether a respondent to a without-notice grant of leave under section 13 of the Matrimonial and Family Proceedings Act 1984 has an unrestricted right to apply to set aside that order. The Court held (3-2) that the ‘knock-out blow’ test was wrong in law, and the respondent is entitled to a […]…
Herculito Maritime Ltd and others v Gunvor International BV and others [2024] UKSC 2 (17 January 2024)
Article. Published: March 21, 2026
Categories: Case Summaries
The vessel MT POLAR was seized by Somali pirates in the Gulf of Aden. The shipowner claimed general average contribution from cargo interests for the ransom paid. Cargo interests argued charter insurance provisions created an 'insurance code' precluding such claims. The Supreme Court held no insurance code existed and cargo interests must contribute. Background On […]…
Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1 (11 January 2024)
Article. Published: March 21, 2026
Categories: Case Summaries
Three families claimed damages for psychiatric illness caused by witnessing relatives die from conditions negligently left undiagnosed by doctors. The Supreme Court held that secondary victim claims require witnessing an accident, not a medical crisis from disease, and dismissed all appeals by a 6-1 majority. Background Three conjoined appeals arose from claims by close relatives […]…
Secretary of State for the Home Department v Kolicaj [2025] UKSC 49
Article. Published: March 21, 2026
Categories: Case Summaries
The UKSC considered whether procedural fairness required the Secretary of State to offer to reconsider a citizenship deprivation decision on the merits after making it without prior representations. The Court held no fairness gap existed because the statutory appeal to the FTT provided a full merits-based remedy, not merely judicial review. Background Mr Gjelosh Kolicaj, […]…
Evans v Barclays Bank Plc and others [2025] UKSC 48
Article. Published: March 21, 2026
Categories: Case Summaries
The Supreme Court considered whether FX trading competition law claims should proceed as opt-out collective proceedings. The Court allowed the appeal, finding the Competition Appeal Tribunal was entitled to refuse opt-out certification given the weakness of the claims on causation and the practicability of opt-in proceedings for substantial claimants. Background This appeal concerned the collective […]…
In the matter of an application by the Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47
Article. Published: March 17, 2026
Categories: Case Summaries
The Secretary of State challenged a coroner’s decision to disclose gists of PII-protected information in an inquest into a 1994 Troubles-related murder. The Supreme Court held that reviewing courts must independently assess the public interest balance under PII principles, not merely apply ordinary judicial review standards, and allowed the appeal preventing disclosure. Background This appeal […]…
Commissioners for His Majesty’s Revenue and Customs v Hotel La Tour Ltd [2025] UKSC 46
Article. Published: March 17, 2026
Categories: Case Summaries
Hotel La Tour Ltd sold shares in its subsidiary to fund a new hotel project and sought to deduct VAT on professional fees incurred for the sale. The Supreme Court held the input VAT was not deductible because the fees were directly and immediately linked to the exempt share sale, not to HLT’s general taxable […]…
Veale and others v Scottish Power UK Plc [2025] UKSC 45
Article. Published: March 15, 2026
Categories: Case Summaries
The family of Robert Crozier, who died of mesothelioma after previously settling an asbestos claim, sought damages under the Damages (Scotland) Act 2011. The Supreme Court held that section 5 applied regardless of whether the deceased had mesothelioma at the time liability was discharged, dismissing Scottish Power’s appeal. Background Robert Crozier was employed by Scottish […]…
