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Articles by LawTeacher
TUI UK Ltd v Griffiths [2023] UKSC 48
Article. Published: November 3, 2026
TUI waited until closing submissions to attack the reasoning of the only expert who addressed why Mr Griffiths became ill on holiday. The expert had no chance to answer. The Supreme Court explained when fairness requires a party to put its challenge to a witness, and why that mattered even though no one questioned the […]…
Independent Workers Union of Great Britain v Central Arbitration Committee and another [2023] UKSC 43
Article. Published: November 3, 2026
Deliveroo riders in one London delivery zone asked for their union to be recognised for collective bargaining. The riders could send someone else to do a delivery, even after accepting it. The Supreme Court examined whether that freedom was genuine in practice and what it meant for the trade-union rights protected by Article 11. A […]…
Canada Square Operations Ltd v Potter [2023] UKSC 41
Article. Published: November 3, 2026
Mrs Potter sued her lender more than six years after her loan ended, seeking recovery of a large undisclosed PPI commission on the ground that the credit relationship was unfair. The Supreme Court held that the lender’s conscious decision not to tell her about the commission was deliberate concealment of a relevant fact under section […]…
In the matter of an application by Rosaleen Dalton for Judicial Review (Northern Ireland) [2023] UKSC 36
Article. Published: November 3, 2026
Rosaleen Dalton sought a new inquest into her father’s death in 1988. Her challenge raised a question of timing. Could the investigative duty under Article 2 of the European Convention on Human Rights be enforced in a UK court for a death that occurred more than twelve years before the Human Rights Act came into […]…
Popoviciu v Curtea De Apel Bucharest (Romania) [2023] UKSC 39
Article. Published: November 3, 2026
Romania sought Gabriel Popoviciu’s surrender to serve a sentence imposed after conviction. He alleged that his trial had been flagrantly unfair. The Supreme Court distinguished proof of something that had already happened from a prediction of what might happen on return. By the time it delivered its reasons, Romania had withdrawn the warrant. The conviction […]…
Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Ltd (Scotland) [2023] UKSC 37
Article. Published: November 3, 2026
A software company granted a replacement share option during a refinancing. By then, the person benefiting from the option was its executive chairman. Was the gain taxable as employment income even if the company’s commercial reason for the grant was to replace an earlier entitlement? The answer depended on a provision that treats certain options […]…
Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35
Article. Published: November 3, 2026
Target sent instructions that automatically moved money through the banking system. Did that mean Target itself provided a VAT-exempt transfer service? The answer turned on what changed the legal position of borrower and lender. The Supreme Court examined both the payment instructions and the entries Target made in the loan records. What Target did and […]…
Smith and another v Royal Bank of Scotland plc [2023] UKSC 34
Article. Published: November 3, 2026
Two customers stopped paying for payment protection insurance years before they closed their credit-card accounts. Which event started the six-year period for seeking repayment of undisclosed commission? The Supreme Court looked at the relationship created by each credit agreement. Cancelling an insurance policy did not in itself end that relationship or undo the financial effects […]…
Skatteforvaltningen v Solo Capital Partners LLP (in special administration) and others [2023] UKSC 40
Article. Published: November 3, 2026
Can a foreign tax authority sue for money it says it paid out because it was deceived? The answer depended on what the Danish authority was trying to recover. On its pleaded case the defendants had never paid the tax for which they claimed refunds. The Supreme Court had to decide whether the English proceedings […]…
Chief Constable of the Police Service of Northern Ireland and another v Agnew and others [2023] UKSC 33
Article. Published: November 3, 2026
An employer calculated holiday pay using basic pay even when employees regularly earned overtime. Because holidays were sometimes more than three months apart, the employer argued that earlier underpayments could no longer be claimed. The Supreme Court distinguished the deadline for bringing a complaint from the question of which underpayments belong to a single series. […]…
R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court and another [2023] UKSC 38
Article. Published: November 3, 2026
A company administrator can dismiss employees and manage the business. Was that control enough to make him an officer of the company for a criminal offence concerning notice of redundancies? The Supreme Court held that the answer depended on the office the person held within the company’s constitution. The appeal concerned a point of statutory […]…
R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31
Article. Published: November 3, 2026
Worcestershire arranged and paid for JG’s mental-health after-care in Swindon. She later needed hospital treatment again. When she left hospital for the second time, which council had to provide her after-care? The answer turned on when the first statutory duty ended and where JG had been ordinarily resident before her second detention. Section 117 of […]…
Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32
Article. Published: November 3, 2026
Mozambique alleged that officials had been bribed in connection with government guarantees for major supply contracts. Those contracts contained arbitration clauses. The Supreme Court had to identify which disputed issues the English proceedings actually required a judge to decide before it could decide whether any should be sent to arbitration. The dispute arose from three […]…
Jones v Birmingham City Council and another [2023] UKSC 27
Article. Published: November 3, 2026
Before a council can obtain an injunction against gang-related activity, how sure must the judge be that the conduct occurred? Parliament specified the balance of probabilities. Mr Jones argued that the gravity of the allegation and the restrictions an injunction could impose required proof beyond reasonable doubt. The Supreme Court examined whether the right to […]…
Secretary of State for Transport v Curzon Park Ltd and others [2023] UKSC 30
Article. Published: November 3, 2026
Four adjoining sites were acquired for the HS2 terminus in Birmingham. Each owner claimed that its land could otherwise have been developed for student housing. Assessing one site in isolation risked assuming the same demand several times. The Supreme Court explained which evidence about neighbouring sites could be used when estimating the planning prospects of […]…
McCulloch and others v Forth Valley Health Board (Scotland) [2023] UKSC 26
Article. Published: November 3, 2026
The Supreme Court decided that a doctor need not tell a patient about a treatment which the doctor does not consider a reasonable option, if a responsible body of medical opinion would agree. Whether an alternative is reasonable is governed by the professional practice test used for diagnosis and treatment, not by the court-imposed duty […]…
R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24
Article. Published: November 3, 2026
A police officer who used lethal force said he honestly believed a suspect was reaching for a gun. The Supreme Court considered which legal test a disciplinary panel should use when an officer acts on a mistaken belief. The appeal concerned the decision to bring disciplinary proceedings. It did not determine whether this officer had […]…
Brake and another v The Chedington Court Estate Ltd [2023] UKSC 29
Article. Published: November 3, 2026
The Supreme Court held that Mr and Mrs Brake could not use section 303(1) of the Insolvency Act 1986 to challenge their trustee’s arrangements with The Chedington Court Estate Ltd. Those arrangements led to Chedington’s agents entering a cottage the Brakes possessed and changing the locks. A right of possession unconnected with the bankruptcy did […]…
R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23
Article. Published: November 3, 2026
A resettlement scheme for people displaced by the Syrian conflict used referrals from one UN agency. In Lebanon, Palestinian refugees came under a different agency that could not refer them. Ms Marouf challenged that consequence. The issue before the Supreme Court was whether the Home Secretary owed the public sector equality duty in respect of […]…
Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another [2023] UKSC 22
Article. Published: November 3, 2026
A former husband died three weeks before a court was due to decide his former wife’s financial claim following their overseas divorce. Could the hearing go ahead against his estate? The answer depended first on the power to make a matrimonial order. The general legislation about claims surviving a death could only matter if that […]…
R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28
Article. Published: November 3, 2026
A litigation funder can pay for a claim without instructing the lawyers or deciding how the case is run. In PACCAR, that distinction mattered because the funders’ fees depended on the damages recovered. The Supreme Court had to decide whether providing money alone counted as a claims management service under the legislation governing these agreements. […]…
JTI POLSKA Sp. Z o.o. and others v Jakubowski and others [2023] UKSC 19
Article. Published: November 3, 2026
The stolen cigarettes were worth £72,512. The excise duty triggered by their theft was £449,557. Whether the carrier had to meet the larger bill turned on the meaning of “other charges” in the international convention on road carriage. It also raised a question about precedent. Would the Supreme Court overturn a House of Lords decision […]…
R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21
Article. Published: November 3, 2026
The investor immigration rules in force when Ms Wang applied allowed a qualifying investment to be financed with borrowed money. Having a loan in her name was insufficient. The Supreme Court examined who could actually decide where the £1 million went. That question determined her entitlement to points under the rules. Ms Jie Wang sought […]…
R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20
Article. Published: November 3, 2026
Jacqueline Maguire died in hospital after becoming seriously ill at her care home. Her mother challenged the form of the inquest verdict. The issue was whether the evidence disclosed an arguable breach of the state’s duty to protect life under Article 2, requiring the jury to address the circumstances of death in greater detail. Jacqueline […]…
London Borough of Merton Council v Nuffield Health [2023] UKSC 18
Article. Published: November 3, 2026
Could a charity claim business rates relief on a gym whose membership fees excluded people of modest means? The answer depended on two different questions. Public benefit was assessed by looking at Nuffield Health’s charitable purposes as a whole. For the Merton Abbey premises, the council had to establish what the charity actually used the […]…
Commissioners for His Majesty’s Revenue and Customs v SSE Generation Ltd [2023] UKSC 17
Article. Published: November 3, 2026
A hydro-electric scheme needs underground passages to bring water to its turbines. Whether the cost of building them qualified for tax allowances turned on two everyday words in a statutory list. HMRC treated the passages as tunnels or aqueducts. The Supreme Court read those words alongside the other structures on the list and held that […]…
Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14
Article. Published: November 3, 2026
The Supreme Court held that legislation delaying and conditioning the early release of prisoners already serving determinate sentences for terrorist offences in Northern Ireland did not breach article 7 of the European Convention on Human Rights. The changes concerned the execution of the sentences imposed by the trial judge, rather than redefining or increasing those […]…
R (on the application of Pearce and another) v Parole Board of England and Wales [2023] UKSC 13
Article. Published: November 3, 2026
The Parole Board sometimes has to assess the risk of release when it cannot establish exactly what happened in the past. The Supreme Court held that an unresolved allegation can be relevant to that assessment. The Board must investigate where it reasonably can, distinguish established facts from uncertainty, and give the prisoner a fair opportunity […]…
Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs (Scotland) [2023] UKSC 12
Article. Published: November 3, 2026
Mr Moulsdale sold a let commercial property in 2014 without adding VAT, and HMRC later assessed him as if the price had included it. The difficulty was circular drafting in the land option-to-tax rules: they appeared to make VAT due only if he did not expect the buyer to pay it. The Supreme Court held […]…
R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2023] UKSC 10
Article. Published: November 3, 2026
Ofcom proposed to exempt equipment that routed calls through a mobile network while concealing who had made them. The Home Secretary directed Ofcom to keep the licensing requirement on national security and public safety grounds. The Supreme Court had to reconcile two duties Parliament had imposed on Ofcom. One required it to grant exemptions when […]…
The Law Debenture Trust Corporation plc v Ukraine (represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) [2023] UKSC 11
Article. Published: November 3, 2026
When a trustee sued Ukraine over US$3 billion in unpaid bonds, it asked for judgment without a trial. The Supreme Court held that one defence needed to be heard. Ukraine could try to prove that threats of force against people or property had induced it to borrow. The Court also explained why a state can […]…
Rakusen v Jepsen and others [2023] UKSC 9
Article. Published: November 2, 2026
Under the version of the Housing and Planning Act 2016 before the Court, could occupiers recover rent from a superior landlord who had not granted their tenancies? The Supreme Court held that the power to make a rent repayment order applied only to the landlord under the tenancy in question. Rent repayment orders allow the […]…
R (on the application of Day) v Shropshire Council [2023] UKSC 8
Article. Published: November 2, 2026
A parish council sold part of a public recreation ground without advertising the sale or considering objections. The Supreme Court held that the public’s statutory right to use the land was not extinguished by a general protection for purchasers, and continued to bind the private buyer. Planning permission for housing, granted without regard to that […]…
News Corp UK & Ireland Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 7
Article. Published: November 2, 2026
News Corp sought zero-rating for digital editions of its newspapers for periods between 2010 and 2016. Its printed editions qualified. The issue was whether readers buying access to editions on electronic devices were receiving “newspapers” within the legislation then in force. The supplies and the question The digital titles included The Times, The Sunday Times, […]…
Aviva Investors Ground Rent GP Ltd and another v Williams and others [2023] UKSC 6
Article. Published: November 2, 2026
Long residential leases stated each flat’s percentage share of service costs but allowed the landlord to make reasonable changes. When the landlord increased some shares, the tenants said the power itself was void. The Supreme Court distinguished the landlord’s decision about how to divide the costs from the tribunal’s power to decide whether the resulting […]…
In the matter of an application by James Hugh Allister and others for Judicial Review (Northern Ireland) [2023] UKSC 5
Article. Published: November 2, 2026
These linked appeals challenged the arrangements made for Northern Ireland under the UK–EU Withdrawal Agreement. The appellants argued that the Northern Ireland Protocol conflicted with the Acts of Union, altered Northern Ireland’s constitutional status without consent, and unlawfully permitted certain Assembly votes by simple majority. The Court considered the statutory scheme in force at the […]…
Frenkel v LA Micro Group (UK) Ltd and others [2024] UKSC 42
Article. Published: November 2, 2026
La Micro Group Inc orally agreed in 2010 to give up its 51 per cent beneficial interest in the two issued shares of an English company to the men who already held those shares legally. The Supreme Court held that equity treated the bargain as carried out by a vendor–purchaser constructive trust, so the lack […]…
Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41
Article. Published: November 2, 2026
Civil servants’ contracts entitled them to have union subscriptions deducted from salary and paid to their union under check-off arrangements. When three Government departments withdrew those arrangements, the Supreme Court held that the Public and Commercial Services Union could enforce the check-off term in its own right under the Contracts (Rights of Third Parties) Act […]…
Kireeva v Bedzhamov [2024] UKSC 39
Article. Published: November 2, 2026
The Supreme Court held that English common law will not help a trustee appointed in a foreign bankruptcy to take or sell land in England belonging to the bankrupt. Rights in land situated here are governed only by English law — the immovables rule — and that rule is not limited to preventing an automatic […]…
Fimbank Plc v KCH Shipping Co Ltd [2024] UKSC 38
Article. Published: November 2, 2026
Fimbank claimed that a sea carrier had delivered a cargo of coal to someone not entitled to it, without production of the bills of lading, and said that this misdelivery occurred after the coal had left the ship. The Supreme Court held that the one-year time limit in both the Hague Rules and the Hague-Visby […]…
National Union of Rail, Maritime and Transport Workers and another v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37
Article. Published: November 2, 2026
A 2012 letter recording a collective agreement on Metro staff pay was interpreted as increasing a shift allowance as well as basic pay. The Supreme Court held that the letter can in principle be rectified for mistake even though the collective agreement is not itself a legally enforceable contract, but Nexus had sued the unions […]…
SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36
Article. Published: November 2, 2026
Sky relied on the breadth of its SKY registrations to challenge two services offered by SkyKick. That breadth raised a prior question: had Sky sought protection for goods and services it never genuinely intended to supply? The Supreme Court restored the trial judge’s findings of partial invalidity for bad faith and distinguished the two services […]…
Augustine v Data Cars Limited [2026] UKSC 30
Article. Published: November 2, 2026
Warren Augustine, a part-time private-hire driver, paid the same fixed weekly fee for access to his employer’s booking system as drivers who worked many more hours. The Supreme Court held that, under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, he did not have to prove that part-time status was the only reason […]…
In the matter of an application by JR222 for Judicial Review (Northern Ireland) [2024] UKSC 35
Article. Published: November 2, 2026
The Supreme Court held that section 13(1) of the Inquiries Act 2005 allows a minister to suspend a public inquiry only if it appears necessary to do so in order to let another investigation finish or related civil or criminal proceedings be determined, and only for the period that appears necessary. JR222, a former nurse […]…
Oakwood Solicitors Ltd v Menzies [2024] UKSC 34
Article. Published: November 2, 2026
The Supreme Court decided when a solicitor’s bill has been “paid” for the time limits in section 70 of the Solicitors Act 1974. Keeping money from a client’s compensation is not payment merely because the client earlier agreed that fees could be deducted and the solicitor later delivered a bill. Payment requires agreement to the […]…
Tindall and another v Chief Constable of Thames Valley Police [2024] UKSC 33
Article. Published: November 2, 2026
After police attended a black-ice accident on the A413 and then left, a later collision on the same ice killed Malcolm Tindall. His widow argued that the police had made matters worse by displacing another person’s warning efforts, or had come under a duty to protect later road users. The Supreme Court dismissed her appeal: […]…
CAO v Secretary of State for the Home Department (Northern Ireland) [2024] UKSC 32
Article. Published: November 2, 2026
A Home Office refusal letter considered the welfare of CAO’s children without expressly mentioning the statutory guidance on safeguarding children. The Supreme Court distinguished two questions: whether officials had in substance followed the guidance, and whether the tribunal had itself lawfully determined the human rights appeal. The claim and the decision letter CAO sought asylum […]…
In the matter of an application by Noeleen McAleenon for Judicial Review (Northern Ireland) [2024] UKSC 31
Article. Published: November 2, 2026
Noeleen McAleenon asked the courts to review whether public regulators had properly dealt with fumes from a nearby landfill site. The Court of Appeal refused judicial review because she could instead prosecute the operator or sue in nuisance. The Supreme Court held that those were different proceedings against a different party and were not a […]…
Saxon Woods Investments Limited and others v Francesco Costa [2026] UKSC 21
Article. Published: November 2, 2026
A director who genuinely believes that his own strategy is best for the company may not pursue it by misleading the board and acting behind its back. The Supreme Court held that the duty in section 172(1) of the Companies Act 2006 to act in good faith applies to the director’s conduct, not only to […]…
UniCredit Bank GmbH, London Branch v Constitution Aircraft Leasing (Ireland) 3 Ltd and another [2026] UKSC 10
Article. Published: November 2, 2026
UniCredit confirmed standby letters of credit securing aircraft leases to Russian airlines. By the time the lessors demanded payment, UK sanctions extended to funds provided in connection with arrangements to make aircraft available for use in Russia. The lessors were Irish and the leases had already ended. The Court nevertheless held that the payments were […]…
