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
X (Appellant) v The Lord Advocate (Respondent) [2025] UKSC 44
Article. Published: March 15, 2026
Categories: Case Summaries
A legal practitioner alleged sexual assault and harassment by a Scottish sheriff and sought to hold the Crown vicariously liable. The Supreme Court held the Crown was not vicariously liable because the relationship between a sheriff and the Scottish Government is not akin to employment, given judicial independence and lack of governmental control. Background The […]…
Mitchell & anor v Sheikh Mohamed Bin Issa Al Jaber [2025] UKSC 43
Article. Published: March 15, 2026
Categories: Case Summaries
Liquidators of a BVI company sued its director, Sheikh Al Jaber, for dishonestly transferring 891,761 shares to a related company after the company entered liquidation. The Supreme Court held the Sheikh breached fiduciary duty by purporting to act as director, and restored the trial judge’s award of €67.1 million in equitable compensation. Full case ref: […]…
Simkova v Secretary of State for Work and Pensions [2025] UKSC 41
Article. Published: March 15, 2026
Categories: Case Summaries
A Slovakian national resident in the UK claimed the child element of universal credit for her son living in Slovakia, arguing it was an exportable ‘family benefit’ under the EU Coordination Regulation. The Supreme Court held that the child element is not a separate benefit but an integrated component of UC, which as a whole […]…
Application by JR87 and another for Judicial Review (Appellant) [2025] UKSC 40
Article. Published: March 14, 2026
Categories: Case Summaries
A humanist father and his young daughter challenged Christian religious education and collective worship at a Northern Ireland primary school as breaching Article 2 Protocol 1 ECHR. The Supreme Court held the parental right of withdrawal was insufficient to prevent a breach, as it was capable of placing an undue burden on parents and risking […]…
King Crude Carriers SA and others v Ridgebury November LLC and others [2025] UKSC 39
Article. Published: March 14, 2026
Categories: Case Summaries
Buyers of three vessels failed to provide documentation needed to open escrow accounts for 10% deposits under Norwegian Saleform contracts. The Supreme Court held there is no ‘Mackay v Dick’ principle of deemed fulfilment of conditions precedent in English law, so sellers could only claim damages, not the deposits as debts. Background Between 28 and […]…
Daly v His Majesty’s Advocate [2025] UKSC 38
Article. Published: March 14, 2026
Categories: Case Summaries
Mr Daly appealed his conviction for sexual offences against two complainers, arguing his Article 6 fair trial rights were infringed because he could not cross-examine a complainer on an uncharged allegation to challenge her credibility, and that his defence counsel’s failure to apply under section 275 of the Criminal Procedure (Scotland) Act 1995 constituted defective […]…
Barnett v Chelsea and Kensington Hospital [1968] 2 WLR 422
Article. Published: March 13, 2026
Categories: Case Summaries
Three night-watchmen attended hospital after vomiting from arsenic-laced tea. The casualty officer refused to examine them, sending them home. Mr Barnett died of arsenic poisoning. His widow’s negligence claim failed because even proper treatment would not have saved him, establishing a key ‘but for’ causation precedent. Background On 1 January 1966, three night-watchmen from the […]…
Northumbria Healthcare NHS Foundation Trust v Commissioners for His Majesty’s Revenue and Customs [2025] UKSC 37
Article. Published: March 13, 2026
Categories: Case Summaries
An NHS Trust claimed it was not liable for VAT on hospital car parking charges, arguing it acted as a public authority under a special legal regime. The Supreme Court held that mere guidance and public law duties to follow it did not constitute a special legal regime, and allowed HMRC’s appeal. Background Northumbria Healthcare […]…
Process & Industrial Developments Limited v The Federal Republic of Nigeria [2025] UKSC 36
Article. Published: March 13, 2026
Categories: Case Summaries
P&ID sought costs awarded in Nigerian naira rather than sterling following Nigeria’s successful challenge to fraudulently obtained arbitration awards. The Supreme Court held that costs orders should be made in the currency in which the solicitor billed and the client paid, not the currency reflecting the receiving party’s underlying loss. Background This appeal arose from […]…
C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government [2025] UKSC 35
Article. Published: March 12, 2026
Categories: Case Summaries
A developer with outline planning permission for 650 dwellings challenged whether phosphate impacts on a Ramsar site could block discharge of conditions. The Supreme Court held that regulation 63 of the Habitats Regulations requires appropriate assessment at later planning stages, but national planning policy (NPPF) cannot override rights conferred by an existing outline planning permission. […]…
The Prudential Assurance Company Ltd v Commissioners for His Majesty’s Revenue and Customs [2025] UKSC 34
Article. Published: March 12, 2026
Categories: Case Summaries
Prudential challenged VAT on success fees paid to Silverfleet for fund management services performed when both were in the same VAT group, but invoiced years after Silverfleet left the group. The Supreme Court held VAT was payable because the time of supply rules and Article 64 of the PVD treated the contingent success fees as […]…
Hopcraft v Close Brothers Ltd [2025] UKSC 33
Article. Published: March 12, 2026
Categories: Case Summaries
Car customers claimed undisclosed commissions paid by finance lenders to motor dealers constituted bribes or breaches of fiduciary duty. The Supreme Court held dealers owed no fiduciary duty to customers when arranging finance, as they remained arm’s length sellers throughout. Bribery and equity claims failed, but one customer’s unfair relationship claim under the Consumer Credit […]…
Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2025] UKSC 32
Article. Published: March 12, 2026
Categories: Case Summaries
The Supreme Court considered whether the definition of ‘crematorium’ under section 2 of the Cremation Act 1902 includes areas for the disposal or storage of ashes, for the purpose of the 200-yard radius clause prohibition in section 5 restricting siting near dwelling houses. Background Horizon Cremation Limited (‘Horizon’) sought planning permission from Tandridge District Council […]…
D.E.L.T.A. Merseyside Ltd v Uber Britannia Ltd [2025] UKSC 31
Article. Published: March 12, 2026
Categories: Case Summaries
Uber sought a declaration that the 1976 Act required all private hire vehicle operators outside London to accept bookings only by contracting as principal to provide the journey. The Supreme Court unanimously dismissed the appeal, holding the Act imposed no such requirement, and operators could lawfully use agency or intermediary booking models. Background The appeal […]…
Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] UKSC 30
Article. Published: March 12, 2026
Categories: Case Summaries
A British citizen (Shvidler) and a yacht owner (Dalston Projects) challenged UK sanctions imposed following Russia’s invasion of Ukraine. The Supreme Court upheld both sanctions as proportionate, finding rational connections to the legitimate aim of pressuring Russia, though Lord Leggatt dissented on Shvidler’s designation as unjust and disproportionate. Background These conjoined appeals concerned challenges to […]…
R v Hayes; R v Palombo [2025] UKSC 29
Article. Published: March 12, 2026
Categories: Case Summaries
Tom Hayes and Carlo Palombo were convicted of conspiracy to defraud for attempting to manipulate LIBOR and EURIBOR benchmark interest rates. The Supreme Court quashed both convictions, holding that trial judges wrongly directed juries that taking account of trading advantage automatically meant submissions were not genuine — a question of fact for the jury, not […]…
Stevens v Hotel Portfolio II UK Ltd [2025] UKSC 28
Article. Published: March 12, 2026
Categories: Case Summaries
HPII’s director secretly bought company hotels, made £102m profit held on constructive trust for HPII, then dissipated it. Stevens dishonestly assisted both the profit-making and dissipation. The Supreme Court held Stevens liable to compensate HPII for the lost trust property despite the profit-making causing HPII no original loss. Background Hotel Portfolio II UK Ltd (‘HPII’) […]…
Department for Business and Trade v The Information Commissioner [2025] UKSC 27
Article. Published: March 12, 2026
Categories: Case Summaries
The Supreme Court considered whether, under the Freedom of Information Act 2000, where multiple qualified exemptions apply to requested information, the public interest factors favouring non-disclosure can be assessed cumulatively across exemptions rather than independently for each. By a 3-2 majority, the Court held the cumulative approach is correct. Background In November 2017, journalist Brendan […]…
Standish v Standish [2025] UKSC 26
Article. Published: March 12, 2026
Categories: Case Summaries
In divorce proceedings, a husband transferred £80 million to his wife for inheritance tax planning purposes, intending she would place assets in trusts for their children. The Supreme Court held this transfer did not ‘matrimonialise’ the husband’s pre-marital assets, clarifying that the sharing principle applies only to matrimonial property. Background The appellant wife and respondent […]…
Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc [2025] UKSC 25
Article. Published: March 12, 2026
Categories: Case Summaries
Iconix (UMBRO brand owner) sued Dream Pairs for trade mark infringement, alleging their DP Sign on football boots was confusingly similar to UMBRO Trade Marks. The Supreme Court allowed Dream Pairs’ appeal, restoring the trial judge’s finding of no infringement, holding the Court of Appeal had no proper basis to substitute its own multi-factorial assessment. […]…
Commissioners for HMRC v Dolphin Drilling Ltd [2025] UKSC 24
Article. Published: March 11, 2026
Categories: Case Summaries
Dolphin Drilling leased a tender support vessel (the Borgsten) to provide drilling support and accommodation at an oil platform. The Supreme Court held that providing accommodation to offshore workers was an independent use, not ‘incidental to’ drilling support services, and therefore the statutory hire cap on connected-party lease deductions applied. Background Dolphin Drilling Ltd (‘Dolphin’) […]…
Andrysiewicz v Circuit Court in Lodz, Poland [2025] UKSC 23
Article. Published: March 11, 2026
Categories: Case Summaries
The Supreme Court resolved conflicting approaches to whether English courts assessing Article 8 ECHR proportionality in extradition cases should evaluate the likelihood of early release under Polish law. The Court held that only the bare possibility of early release should be acknowledged, carrying little weight, and courts should not predict outcomes of Polish early release […]…
Waller-Edwards v One Savings Bank Plc [2025] UKSC 22
Article. Published: March 11, 2026
Categories: Case Summaries
A wife’s home was remortgaged partly to discharge her partner’s personal debts. The Supreme Court held that a lender is put on inquiry of possible undue influence in any non-commercial hybrid loan transaction containing a more than de minimis suretyship element, rejecting the Court of Appeal’s ‘fact and degree’ test in favour of a bright […]…
URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21
Article. Published: March 11, 2026
Categories: Case Summaries
Developer BDW sued structural engineer URS for costs of remedying safety defects in residential buildings discovered post-Grenfell. The Supreme Court held that voluntarily incurred repair costs are not irrecoverable as a matter of law, that the Building Safety Act 2022 retrospectively extends limitation periods to related negligence and contribution claims, that developers are owed duties […]…
Darwall v Dartmoor National Park Authority [2025] UKSC 20
Article. Published: March 11, 2026
Categories: Case Summaries
Landowners sought a declaration that the public had no right to wild camp on Dartmoor Commons under section 10(1) of the Dartmoor Commons Act 1985. The Supreme Court held that ‘open-air recreation’ includes camping, and the words ‘on foot and on horseback’ describe the means of access, not the permitted activities. The appeal was dismissed. […]…
U3 v Secretary of State for the Home Department [2025] UKSC 19
Article. Published: March 11, 2026
Categories: Case Summaries
A British citizen deprived of citizenship for alleged ISIL alignment challenged SIAC’s approach to national security assessments. The Supreme Court held SIAC reviews the rationality of the Secretary of State’s risk assessment using administrative law principles, not by making its own factual findings on the balance of probabilities. Appeal dismissed. Background The appellant, designated U3, […]…
Bilta (UK) Ltd v Tradition Financial Services Ltd [2025] UKSC 18
Article. Published: March 11, 2026
Categories: Case Summaries
The Supreme Court held that section 213 of the Insolvency Act 1986 (fraudulent trading) is not limited to company insiders but extends to outsiders who knowingly participate in a company’s fraudulent business. The Court also held that two dissolved-then-restored companies failed to prove entitlement to postponement of limitation under section 32 of the Limitation Act […]…
R v Perry [2025] UKSC 17
Article. Published: March 11, 2026
Categories: Case Summaries
Ms Perry was convicted of collecting information useful to a terrorist. She appealed arguing the trial judge misconstrued her defence statement. The Supreme Court held the interpretation was a question of fact, found no error, and dismissed the appeal against concurrent findings of fact. Background The appellant, Fionnghuale Perry, was convicted of collecting or making […]…
For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16
Article. Published: March 11, 2026
Categories: Case Summaries
The UK Supreme Court ruled that ‘sex’ in the Equality Act 2010 means biological sex only, not sex as modified by a Gender Recognition Certificate under the Gender Recognition Act 2004. A trans woman with a GRC is not a ‘woman’ for EA 2010 purposes. The Scottish Ministers’ guidance was declared unlawful. Background For Women […]…
Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust (Rev1) [2025] UKSC 15
Article. Published: March 11, 2026
Categories: Case Summaries
Parents of two deceased children sought discharge of injunctions preventing them from naming clinicians involved in their children’s end-of-life care. The Supreme Court dismissed the NHS Trusts’ appeal, holding that after proceedings end, clinicians must assert their own privacy rights rather than relying on trusts to do so on their behalf. Background This appeal concerned […]…
MSC Flaminia [2025] UKSC 14
Article. Published: March 10, 2026
Categories: Case Summaries
A charterer (MSC) sought to limit liability under the 1976 Convention for claims by the shipowner (Conti) following an explosion on the MSC Flaminia. The Supreme Court held charterers can limit liability for owner claims but only permitted limitation for cargo discharge/decontamination costs under article 2.1(e). Background MSC Mediterranean Shipping Company SA (‘MSC’), a container […]…
Glasgow City Council v X (Scotland) [2025] UKSC 13
Article. Published: March 10, 2026
Categories: Case Summaries
A homeless family with an autistic son was provided a four-bedroom interim flat instead of the five-bedroom property their needs assessment recommended. The Supreme Court held that the interim housing duty requires local authorities to ‘take into account’ household needs, not necessarily to meet them all, unlike the stricter permanent accommodation duty. Background The appellant […]…
R v Layden [2025] UKSC 12
Article. Published: March 10, 2026
Categories: Case Summaries
The Supreme Court held that failure to comply with the arraignment time limit in section 8(1) of the Criminal Appeal Act 1968 does not deprive the Crown Court of jurisdiction to retry a defendant. The Court of Appeal’s decision in Llewellyn was overruled, and the respondent’s murder conviction was restored. Background On 11 April 2013, […]…
R (on the application of The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets [2025] UKSC 11
Article. Published: March 10, 2026
Categories: Case Summaries
A local council’s standing order restricting voting on a deferred planning application to committee members who attended the earlier meeting was challenged as unlawful. The Supreme Court held the standing order was within the council’s power to regulate its proceedings under the Local Government Act 1972. Background The case concerned a planning application by Old […]…
Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10
Article. Published: March 10, 2026
Categories: Case Summaries
Former fiduciaries sought to introduce a ‘but for’ causation test to the equitable duty to account for unauthorised profits, arguing they would have earned the same profits without breaching fiduciary duties. The Supreme Court unanimously declined to depart from established House of Lords authority, holding the profit rule serves a vital prophylactic purpose. Background The […]…
The Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine [2025] UKSC 9
Article. Published: March 10, 2026
Categories: Case Summaries
A former administrative employee of the Saudi Embassy brought discrimination and harassment claims. The Supreme Court held the Court of Appeal erred by dismissing the Embassy’s immunity appeal without considering its duty under section 1(2) of the State Immunity Act 1978, but ultimately found no immunity applied given the employee’s purely administrative role. Background Mrs […]…
JR123 (Judicial Review Application) [2025] UKSC 8
Article. Published: March 10, 2026
Categories: Case Summaries
JR123 challenged the Northern Ireland rehabilitation of offenders scheme under Article 8 ECHR, arguing that convictions for serious offences should not be permanently excluded from becoming ‘spent’. The Supreme Court dismissed the appeal, holding that the category-based legislative scheme falls within the state’s margin of appreciation and is compatible with Article 8. Facts The appellant, […]…
Brown v Ridley [2025] UKSC 7
Article. Published: March 10, 2026
Categories: Case Summaries
The Ridleys sought registration of disputed land adjacent to their property based on adverse possession under the Land Registration Act 2002. The Supreme Court resolved an ambiguity in Schedule 6, holding that reasonable belief in ownership need only persist for ten years within the adverse possession period, not until the application date. Facts Mr and […]…
N3 v Secretary of State for the Home Department [2025] UKSC 6
Article. Published: March 10, 2026
Categories: Case Summaries
N3 and ZA appealed against deprivation of British citizenship orders made against E3 and N3 on national security grounds. The Supreme Court held that once SIAC determined the orders would render them stateless, the individuals must be treated as having retained British citizenship throughout, meaning ZA was a British citizen at birth. Facts E3 and […]…
Nasir v Zavarco Plc [2025] UKSC 5
Article. Published: March 10, 2026
Categories: Case Summaries
Tan Sri Nasir disputed whether he owed €36 million for shares in Zavarco Plc after obtaining a declaratory judgment confirming the shares were unpaid. The Supreme Court held that the doctrine of merger, which extinguishes causes of action upon judgment, does not apply to purely declaratory judgments, allowing Zavarco to pursue subsequent payment claims. Facts […]…
El-Husseiny v Invest Bank PSC [2025] UKSC 4
Article. Published: March 10, 2026
Categories: Case Summaries
Invest Bank sought to enforce judgments against Mr El-Husseini, alleging he arranged transfers of valuable properties owned by his companies to his sons to defeat creditors. The Supreme Court held that section 423 of the Insolvency Act 1986 applies to such arrangements, even where the debtor does not personally own the transferred assets. Facts Invest […]…
El-Khouri v Government of the United States of America [2025] UKSC 3
Article. Published: March 10, 2026
Categories: Case Summaries
Mr El-Khouri, a UK/Lebanese dual national, faced US extradition for alleged insider dealing using confidential information to trade CFDs from the UK. The Supreme Court allowed his appeal, ruling the conduct occurred outside the US, failing the double criminality test as UK insider dealing laws would not apply extraterritorially in corresponding circumstances. Facts Mr Joseph […]…
Royal Bank of Canada v Commissioners for His Majesty’s Revenue and Customs [2025] UKSC 2
Article. Published: March 10, 2026
Categories: Case Summaries
Royal Bank of Canada received payments from BP linked to North Sea oil production under an arrangement originally made with Sulpetro. HMRC sought to tax these payments under the UK/Canada Double Taxation Convention. The Supreme Court held the payments were not taxable by the UK as they did not constitute consideration for a ‘right to […]…
The Father v Worcestershire County Council [2025] UKSC 1 29
Article. Published: March 10, 2026
Categories: Case Summaries
A father sought habeas corpus to release his children from foster care under a care order. The Supreme Court held the children were not detained, as they lived in ordinary domestic settings. Furthermore, habeas corpus was inappropriate where statutory remedies of appeal or discharge application existed to challenge the care order. Facts The appellant father […]…
Lewis-Ranwell v G4S Health Services (UK) Ltd and others No 2 [2026] UKSC 2
Article. Published: March 10, 2026
Categories: Case Summaries
Mr Lewis-Ranwell, suffering from severe paranoid schizophrenia, killed three men during a psychotic episode. Found not guilty of murder by reason of insanity, he sued healthcare providers for negligence, seeking compensation for detention and other losses. The Supreme Court held the illegality defence barred his civil claims. Facts Alexander Lewis-Ranwell had a history of schizophrenia […]…
Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1
Article. Published: March 10, 2026
Categories: Case Summaries
Providence Building Services terminated its construction contract with Hexagon Housing Association after repeated late payments. The Supreme Court held that a contractor cannot terminate under clause 8.9.4 for repeated default unless a right to terminate had previously accrued under clause 8.9.3. The appeal was allowed. Facts Providence Building Services Ltd (the Contractor) and Hexagon Housing […]…
Statutory interpretation and legal certainty: Wathen-Fayed v Secretary of State [2025] UKSC 32
Article. Published: September 8, 2025
Categories: Blog
In Wathen-Fayed, the Supreme Court used statutory interpretation to limit “crematorium” to cremator buildings, safeguarding legal certainty….
