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Articles by LawTeacher
R v Sheikh and others [2026] UKSC 28
Article. Published: November 2, 2026
A jury convicted four household members of causing or allowing serious physical harm to Ambreen Sheikh. The prosecution could not prove who had administered the drug said to have caused her brain injury. The appeal concerned a different question: did an earlier episode of violence have to involve the same method of inflicting harm before […]…
The Kingdom of Spain and another v The London Steam-Ship Owners’ Mutual Insurance Association Limited No 2 [2026] UKSC 36
Article. Published: November 2, 2026
Spain and France claimed against the insurer of the Prestige in the Spanish courts. The insurance contract required arbitration in London. The Supreme Court held that the states’ obligation to arbitrate was contractual. That conclusion explained why the insurer could recover damages even though an injunction against the states was unavailable. In November 2002 the […]…
Forthwell Limited v Pontegadea UK Limited [2026] UKSC 33
Article. Published: November 2, 2026
Forthwell held the lease of a Glasgow restaurant, but its subsidiary operated the business and suffered the lost profits when flooding prevented it from trading. Could the tenant recover those profits from the landlord under a lease to which the subsidiary was not a party? The Supreme Court rejected Forthwell’s proposed exception to the ordinary […]…
R (on the application of Bano) v London Borough of Waltham Forest [2026] UKSC 22
Article. Published: November 2, 2026
When Waltham Forest offered Mrs Bano a flat in Derby, it told her that its duty to house her would end whether she accepted or refused. The offer letter omitted information the council was required to give. The question was when she could challenge that omission. The Supreme Court held that the letter itself contained […]…
R (on the application of Quaye) v Secretary of State for Justice [2026] UKSC 34
Article. Published: November 2, 2026
The Supreme Court dismissed Jesse Quaye’s appeal and held that legislation limiting minimum-term reviews of detention during His Majesty’s pleasure to offenders under 18 when sentenced is compatible with articles 5, 7 and 14 of the European Convention on Human Rights. Quaye committed murder at 17 but was sentenced at 18 to an indeterminate sentence […]…
ScottishPower (SCPL) Limited and others v Commissioners for His Majesty’s Revenue and Customs [2026] UKSC 35
Article. Published: November 2, 2026
The Supreme Court held that ScottishPower could not deduct about £28 million paid to customers and charities when calculating trading profits for corporation tax. The payments were made under settlements with the energy regulator after investigations into serious breaches. Although each settlement imposed only a £1 penalty, the payments stood in place of substantial fines […]…
In the Petition of DM [2026] UKSC 32
Article. Published: November 2, 2026
A father asked the Scottish courts to order the return of his 14-year-old son from Scotland to Florida under the Hague Convention. The Supreme Court held that the boy’s views could be taken into account when deciding whether return would expose him to a grave risk of harm or an intolerable situation, but that those […]…
The Kingdom of Bahrain v Shehabi and another [2026] UKSC 25
Article. Published: November 2, 2026
The Supreme Court held, by a majority, that the Kingdom of Bahrain is not immune from English proceedings in which two activists living in the United Kingdom claim psychiatric injury from the remote hacking of their computers. Section 5 of the State Immunity Act 1978 removes immunity where personal injury is caused by an act […]…
Valeriy Ernestovich Drelle v Servis-Terminal LLC (In Liquidation in the Russian Federation) [2026] UKSC 29
Article. Published: November 2, 2026
The Supreme Court held that a creditor may present a bankruptcy petition on a foreign money judgment which has not been recognised in the United Kingdom and cannot be registered under a reciprocal enforcement statute. At common law that judgment creates an immediate obligation to pay, and that obligation is a “debt” under section 267 […]…
Avon Freeholds Limited v Cresta Court E RTM Company Limited [2026] UKSC 31
Article. Published: November 2, 2026
A landlord sought to stop the transfer of the right to manage a block of flats because the right to manage company had not given one qualifying tenant a notice of invitation to participate before serving its claim notice. The Supreme Court held that this procedural failure did not invalidate the claim notice or give […]…
Tesla, Inc and another v InterDigital Patent Holdings, Inc and others; Tesla, Inc and others v InterDigital Patent Holdings, Inc and another No 2 [2026] UKSC 27
Article. Published: November 2, 2026
Tesla wants to sell 5G-enabled vehicles in the United Kingdom and says the royalty for a licence of the necessary patents through Avanci’s 5G platform is too high. The Supreme Court held that Tesla has a real prospect of obtaining declarations about a fair, reasonable and non-discriminatory licence of InterDigital’s UK patents on that platform, […]…
Akbars Restaurant (Middlesborough) Limited v Secretary of State for the Home Department [2026] UKSC 26
Article. Published: November 2, 2026
The Supreme Court allowed a restaurant company’s appeal against a £15,000 civil penalty for employing a worker who had no permission to work. The penalty notice was invalid because it listed every alternative ground in section 15(1) of the Immigration, Asylum and Nationality Act 2006 without stating which ground the Secretary of State thought applied. […]…
AXA Insurance UK PLC and another v Commissioners of Inland Revenue and another [2026] UKSC 24
Article. Published: November 2, 2026
AXA group companies, follower claimants in tax group litigation, sought to rely on a Prudential test case decision later shown to be legally wrong. The Supreme Court held that courts may, exceptionally, order that such a decision does not bind follower claims, and dismissed the appeals. Background The appeal concerned the Controlled Foreign Companies and […]…
Great Asia Maritime Limited v Orion Shipping and Trading LLC [2026] UKSC 23
Article. Published: November 2, 2026
Sellers of a ship under the Norwegian Saleform 2012 negligently failed to be ready for delivery, and the buyers cancelled. The Supreme Court held that clause 14 entitles buyers to loss of bargain damages even without a repudiatory breach. Background The appeal concerned the interpretation of clause 14 of the 2012 Norwegian Saleform (NSF), described […]…
R v McCafferty and others [2026] UKSC 20
Article. Published: November 2, 2026
Animal Rebellion protesters blocked a private industrial-estate road outside Müller's dairy and were charged with statutory public nuisance under the obstruction limb only. The Supreme Court held that there is no public right over private ways. A mere licence is not a public ‘right’, so the defendants were acquitted. Background Section 78 of the Police, […]…
Commissioners for His Majesty’s Revenue and Customs v HFFX LLP [2026] UKSC 17
Article. Published: November 2, 2026
Partners in a forex trading LLP deferred part of their profits through a discretionary corporate-member scheme, hoping to pay corporation tax rather than income tax. The Supreme Court held that section 850 ITTOIA did not apply. However, the deferred receipts were taxable as income from a ‘source’ under section 687. Background HFFX LLP was a […]…
A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16
Article. Published: November 2, 2026
The Attorney General for Northern Ireland asked whether a revised code could treat adults lacking mental capacity as consenting to their care through positive wishes and feelings. The Supreme Court overruled Cheshire West's 'acid test', restored a multifactorial approach and held the Code lawful. Background The Attorney General for Northern Ireland referred a devolution issue […]…
X and Y (Children: Adoption Order: Setting Aside), Re [2026] UKSC 13
Article. Published: November 2, 2026
An adoptive mother, supported by her adopted daughters and their natural mother, sought revocation of valid adoption orders after the adoption broke down. The Supreme Court held that the High Court has no inherent (parens patriae) jurisdiction to revoke a validly made adoption order. Background X and Y, then aged five and four, were placed […]…
The Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and another [2026] UKSC 9
Article. Published: November 2, 2026
Spain and Zimbabwe, facing ICSID investment arbitration awards, sought to set aside their registration in the High Court on grounds of state immunity. The Supreme Court held that article 54(1) of the ICSID Convention constitutes a clear submission to jurisdiction under section 2(2) of the State Immunity Act 1978. Background These conjoined appeals concerned whether […]…
In the matter of the applications by Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus for judicial review (Nos 1 and 2) [2026] UKSC 15
Article. Published: November 2, 2026
Troubles victims challenged the Legacy Act 2023. The Supreme Court held that the Windsor Framework did not require courts to disapply the Act's immunity provisions. It also rejected the abstract finding that the ICRIR could never lawfully replace inquests, while unappealed incompatibility declarations stood. Background The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 replaced […]…
Skatteforvaltningen (The Danish Customs and Tax Administration) v MCML Ltd (previously known as ED&F Man Capital Markets Ltd) [2026] UKSC 19
Article. Published: November 2, 2026
SKAT's 2018 negligent misrepresentation claim against broker EDFM failed under the Revenue Rule. SKAT later sued EDFM for fraud. The Supreme Court held that no issue estoppel barred the fraud claim, because issue estoppel is narrowly confined to the immediate foundation of the earlier decision. Background SKAT, the Danish Customs and Tax Administration, paid refunds […]…
Commissioners for His Majesty’s Revenue and Customs v BlueCrest Capital Management (UK) LLP [2026] UKSC 18
Article. Published: November 2, 2026
HMRC treated most members of BlueCrest, a hedge fund management LLP, as salaried members taxable as employees. The Supreme Court held that only influence derived from members' legally enforceable rights and duties counts under Condition B. It also held that profit-related bonuses based on personal performance are 'disguised salary' under Condition A. Background The appeal […]…
Gatwick Investment Ltd and others v Liberty Mutual Insurance Europe SE; Bath Racecourse Company Ltd and others v Liberty Mutual Insurance Europe SE and others [2026] UKSC 14
Article. Published: November 2, 2026
Hotel and racecourse operators claimed Covid-19 business interruption losses. The Supreme Court held that furlough payments under the Coronavirus Job Retention Scheme 'reduced' their employment costs in consequence of the insured peril, so must be deducted under the policies' savings clauses. Background These conjoined appeals concerned the effect of payments made under the Coronavirus Job […]…
Orsted West of Duddon Sands (UK) Limited (now named Orsted Schroders Greencoat WODS Holdco Limited) and others v Commissioners for His Majesty’s Revenue and Customs [2026] UKSC 12
Article. Published: November 2, 2026
Orsted claimed capital allowances for the cost of environmental, metocean, geophysical and geotechnical studies used to design offshore windfarms. The Supreme Court held that such studies were not expenditure 'on the provision of plant', because the phrase requires a close connection between the expenditure and the plant itself. Background The respondents, members of the Orsted […]…
Kession Capital Ltd (in Liquidation) v KVB Consultants Ltd and others [2026] UKSC 11
Article. Published: November 2, 2026
Kession, an authorised firm restricted to professional clients, appointed JHM as its appointed representative on terms excluding retail clients. JHM sold failed property schemes to investors who claimed to be retail clients. The Supreme Court held that Kession was not responsible under section 39(3) FSMA for JHM's retail dealings. Background This appeal concerned the appointed […]…
R v ABJ; R v BDN [2026] UKSC 8
Article. Published: November 2, 2026
Two protesters faced charges under section 12(1A) of the Terrorism Act 2000 for speeches allegedly supporting Hamas. The Supreme Court held the offence compatible with article 10. It set out the offence's seven ingredients and ruled that juries need not conduct a separate proportionality assessment. Background These conjoined appeals arose from preparatory hearings in two […]…
Boyd v Public Prosecution Service for Northern Ireland [2026] UKSC 7
Article. Published: November 2, 2026
Mr Boyd was sentenced for criminal damage without a compensation order; nearly two years later a District Judge added one under article 158A. The Supreme Court held the power covers the whole sentencing package and permits additions, but the delay was fatal. Background This appeal concerned the scope of the power of a District Judge […]…
THG Plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC 6
Article. Published: November 2, 2026
Zedra, a minority shareholder in THG plc, sought to add an unfair prejudice complaint about a 2016 bonus share issue more than six years later. By a 4–1 majority, the Supreme Court held that sections 8 and 9 of the Limitation Act 1980 do not apply to section 994 petitions, so no statutory limitation period […]…
CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5
Article. Published: November 2, 2026
A girl suffered catastrophic brain injury at birth through admitted NHS negligence, reducing her life expectancy to 29. The Supreme Court, by a majority, overruled Croke v Wiseman, holding that young children can recover damages for pecuniary losses during the 'lost years'. Background The claimant, CCC, suffered a severe hypoxic brain injury during her birth […]…
Dairy UK Ltd v Oatly AB [2026] UKSC 4
Article. Published: November 2, 2026
Oatly registered POST MILK GENERATION as a trade mark for oat-based foods and drinks. The Supreme Court held it invalid because 'designation' in the 2013 Regulation covers any use of 'milk' for non-dairy products, not merely naming them, and the characteristic-quality exception did not apply. Background Oatly AB, a Swedish manufacturer of oat-based alternatives to […]…
Emotional Perception AI Limited v Comptroller General of Patents, Designs and Trade Marks [2026] UKSC 3
Article. Published: November 2, 2026
Emotional Perception sought to patent an artificial neural network system recommending media files by emotional similarity. The Supreme Court held that an ANN is a computer program, but abandoned the Aerotel test in favour of the EPO's G1/19 'any hardware' approach. The claims were therefore not excluded, and the application returns to the Hearing Officer. […]…
R (on the application of Jwanczuk) v Secretary of State for Work and Pensions [2025] UKSC 42
Article. Published: November 2, 2026
Mr Jwanczuk was refused a bereavement support payment because his severely disabled late wife had never paid national insurance contributions. The Supreme Court held that the contribution condition was justified, not discriminatory, and that appellate courts need not follow cross-jurisdictional decisions they consider wrong. Background Bereavement Support Payment (BSP), introduced by the Pensions Act 2014, […]…
Suicide risk and the right to publish
Article. Published: November 2, 2026
Categories: Blog
PPT’s High Court claim asks whether a serious risk of suicide can justify stopping ITN and the Guardian from reporting allegations of sexual misconduct….
Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35
Article. Published: April 14, 2026
Categories: Case Summaries
Candey Ltd, solicitors for Peak Hotels and Resorts Ltd, claimed an equitable lien over litigation settlement proceeds. The Supreme Court held Candey had waived the lien by entering into a new fixed fee agreement and deed of charge without expressly reserving it, as the new security arrangements were inconsistent with the lien’s continuation. Background Candey […]…
Stanford International Bank Ltd v HSBC Bank PLC [2022] UKSC 34
Article. Published: April 14, 2026
Categories: Case Summaries
SIB, a company operating a Ponzi scheme now in liquidation, claimed HSBC breached its Quincecare duty by paying £116m to investors from SIB’s accounts. The Supreme Court held SIB suffered no recoverable loss since payments discharged equivalent liabilities, leaving its net asset position unchanged. Appeal dismissed (Lord Sales dissenting). Background Stanford International Bank Ltd (SIB), […]…
DB Symmetry Ltd & Anor v Swindon Borough Council [2022] UKSC 33
Article. Published: April 14, 2026
Categories: Case Summaries
Swindon Borough Council argued that planning condition 39 required a developer to dedicate access roads as public highways. The Supreme Court held that a planning condition cannot lawfully require dedication of land as a public highway without compensation, and that condition 39 addressed only road construction standards, not dedication. Background The development site formed part […]…
Abortion Services (Safe Access Zones), REFERENCE by the Attorney General for Northern Ireland [2022] UKSC 32
Article. Published: April 14, 2026
Categories: Case Summaries
The Attorney General for Northern Ireland referred the Abortion Services (Safe Access Zones) Bill to the Supreme Court, questioning whether criminalising acts intended to influence persons near abortion clinics without a reasonable excuse defence was a disproportionate interference with Convention rights. The Court unanimously held the provision was within the Assembly’s legislative competence. Background The […]…
Devolution issues under the Scotland Act 1998, Reference by the Lord Advocate (Rev1) [2022] UKSC 31
Article. Published: April 14, 2026
Categories: Case Summaries
The Lord Advocate referred the question whether a proposed Scottish Independence Referendum Bill related to reserved matters under the Scotland Act 1998. The Supreme Court unanimously held that such a Bill did relate to the reserved matters of the Union and the UK Parliament, meaning the Scottish Parliament lacked legislative competence to enact it. Background […]…
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30
Article. Published: April 14, 2026
Categories: Case Summaries
Hillside Parks Ltd sought to rely on a 1967 planning permission for 401 dwellings despite decades of development departing from the original Master Plan under separate permissions. The Supreme Court held that subsequent inconsistent development rendered the 1967 permission physically impossible to implement, and dismissed the appeal. Background The appeal concerned a 29-acre site known […]…
The Soldiers, Sailors, Airmen and Families Association – Forces Help & Anor v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29
Article. Published: April 14, 2026
Categories: Case Summaries
The Supreme Court considered whether the Civil Liability (Contribution) Act 1978 has mandatory overriding effect applying to all contribution claims in England and Wales regardless of choice of law rules. The Court held it does not, meaning ordinary choice of law rules apply. German law therefore governed the contribution claim, rendering it time-barred. Background The […]…
Revenue and Customs v NHS Lothian Health Board (Scotland) [2022] UKSC 28
Article. Published: April 14, 2026
Categories: Case Summaries
NHS Lothian claimed over £900,000 in historic unrecovered VAT input tax from 1974-1997 on laboratory services. The Supreme Court held the First-tier Tribunal was entitled to reject the claim due to insufficient evidence substantiating the amount, reversing the Inner House’s decision that had remitted the case. Background NHS Lothian Health Board submitted a late claim […]…
Guest & Anor v Guest [2022] UKSC 27
Article. Published: April 14, 2026
Categories: Case Summaries
Andrew Guest worked on his parents’ farm for over 30 years at low wages, relying on promises he would inherit a share. After a family falling-out, his parents disinherited him. The Supreme Court considered the correct principles for remedying proprietary estoppel, holding the aim is to prevent unconscionability, starting from the claimant’s expectation but subject […]…
DCM (Optical Holdings) Ltd v Revenue and Customs (Scotland) [2022] UKSC 26
Article. Published: April 14, 2026
Categories: Case Summaries
DCM challenged HMRC’s VAT output tax assessment as time-barred and disputed HMRC’s power to reduce self-assessed VAT credit claims. The Supreme Court upheld both HMRC’s assessment as timely and confirmed HMRC’s implied statutory power to verify and refuse unjustified VAT credit claims pending investigation. Background DCM (Optical Holdings) Ltd (‘DCM’) operated an optical business under […]…
BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25
Article. Published: April 14, 2026
Categories: Case Summaries
BTI 2014 LLC, as assignee of AWA’s claims, sought to recover from AWA’s directors a dividend paid to the parent company Sequana SA, alleging breach of a duty to consider creditors’ interests when there was a real risk of future insolvency. The Supreme Court unanimously dismissed the appeal, holding that while a common law duty […]…
R v Andrewes (Rev1) [2022] UKSC 24
Article. Published: April 14, 2026
Categories: Case Summaries
Mr Andrewes obtained senior positions at a hospice and two NHS trusts using fabricated qualifications and experience. He performed the roles competently for over ten years. The Supreme Court held that confiscation of all net earnings was disproportionate, but confiscating the profit from the fraud (the difference between earnings obtained and earnings he would otherwise […]…
R v Luckhurst [2022] UKSC 23
Article. Published: April 14, 2026
Categories: Case Summaries
The Supreme Court determined that section 41(4) of the Proceeds of Crime Act 2002 does not preclude exceptions to restraint orders for reasonable legal expenses in civil proceedings, even where those proceedings involve the same or similar facts as the criminal offence giving rise to the restraint order. Background Andrew Luckhurst, a former professional sportsman […]…
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22
Article. Published: April 14, 2026
Categories: Case Summaries
Three conjoined appeals concerning deportation of foreign criminals under section 117C of the 2002 Act. The Supreme Court clarified the ‘unduly harsh’ test, rejecting the Secretary of State’s ‘notional comparator’ approach, and addressed rehabilitation and offence seriousness in the ‘very compelling circumstances’ test. All three appeals by the Secretary of State were dismissed. Background These […]…
The Harpur Trust v Brazel [2022] UKSC 21
Article. Published: April 14, 2026
Categories: Case Summaries
Mrs Brazel, a part-year visiting music teacher on a permanent contract, claimed her employer underpaid holiday pay by pro-rating her entitlement. The Supreme Court held that part-year workers are entitled to 5.6 weeks’ statutory paid leave without reduction for weeks not worked, rejecting the employer’s percentage-based calculation method. Background The respondent, Mrs Brazel, was a […]…
Basfar v Wong [2022] UKSC 20
Article. Published: April 14, 2026
Categories: Case Summaries
A migrant domestic worker alleged she was trafficked and exploited by a Saudi diplomat in the UK, working in conditions of modern slavery. The Supreme Court held (3-2) that exploiting a domestic worker for profit in circumstances of modern slavery constitutes a ‘commercial activity’ under the Vienna Convention, removing diplomatic immunity from civil claims. Background […]…
Hastings v Finsbury Orthopaedics Ltd and another [2022] UKSC 19
Article. Published: April 14, 2026
Categories: Case Summaries
Mr Hastings claimed his metal-on-metal hip prosthesis (MITCH-Accolade product) was defective under the Consumer Protection Act 1987. The Supreme Court upheld lower court findings that he failed to prove, on the balance of probabilities, that the product’s safety fell below entitled expectations, as statistical evidence undermined his prima facie case. Background In 2009, the appellant, […]…
