Case Summaries
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Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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
Example case summary. Last modified: April 20, 2026
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, […]…
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18
Example case summary. Last modified: April 20, 2026
The Supreme Court considered whether telecoms operators with equipment already installed on land are precluded from applying for new code rights under the Electronic Communications Code because they are the ‘occupier’ of the site. The Court held that an operator seeking code rights is not the ‘occupier’ for para 9 purposes merely because its equipment […]…
In the matter of H-W (Children) [2022] UKSC 17
Example case summary. Last modified: April 20, 2026
The Supreme Court allowed appeals against care orders removing three children from their mother’s care into separate foster placements. The trial judge failed to conduct the required side-by-side analysis of competing options and their proportionality, instead proceeding too directly from finding risk of sexual harm to ordering removal without evaluating less interventionist alternatives. Background The […]…
AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16
Example case summary. Last modified: April 20, 2026
The Supreme Court considered when a judge may reopen a judgment before the order is sealed. AIC obtained an enforcement order for a Nigerian arbitration award after FAAN failed to provide a required bank guarantee on time, but the guarantee arrived hours later. The Court partially allowed FAAN’s appeal, balancing finality against the windfall to […]…
Secretary of State for the Home Department v SC [2022] UKSC 15
Example case summary. Last modified: April 20, 2026
SC, a Jamaican national and foreign criminal facing deportation, successfully argued his removal would breach articles 3 and 8 ECHR. The Supreme Court held that a person’s criminality cannot make otherwise unreasonable internal relocation reasonable, and reinstated the First-tier Tribunal’s decision allowing his appeal. Background SC, a Jamaican national born in 1991, came to the […]…
Competition and Markets Authority v Flynn Pharma Ltd; Competition and Markets Authority v Pfizer Inc [2022] UKSC 14
Example case summary. Last modified: April 15, 2026
The Supreme Court held there is no general principle requiring courts or tribunals to adopt a 'no order as to costs' starting point against unsuccessful public bodies. The Competition Appeal Tribunal was entitled to apply a 'costs follow the event' starting point in Competition Act appeals, having properly considered chilling effect concerns. Background The Competition […]…
R v Maughan [2022] UKSC 13
Example case summary. Last modified: April 15, 2026
The appellant challenged his reduced guilty plea discount, arguing the sentencing judge erred by considering his refusal to admit guilt at police interview and being caught red-handed. The Supreme Court held the sentencing practices applied were lawful, dismissed the appeal, and clarified that 'proceedings' in Article 33 excludes the police investigative stage. Background The appellant […]…
Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2022] UKSC 12
Example case summary. Last modified: April 15, 2026
Zipvit claimed input VAT deductions for Royal Mail postal services mistakenly treated as VAT-exempt. The Supreme Court, following the Court of Justice's ruling, held no VAT was 'due or paid' under the Directive, so Zipvit had no right to deduct input VAT. Appeal dismissed. Background Zipvit Ltd, a mail-order vitamins and minerals business, used Royal […]…
R (Coughlan) v Minister for the Cabinet Office [2022] UKSC 11
Example case summary. Last modified: April 15, 2026
The appellant challenged Pilot Orders requiring voter identification at local elections, arguing they exceeded powers under section 10 of the Representation of the People Act 2000. The Supreme Court held that 'how voting at the elections is to take place' was broad enough to encompass voter identification requirements, and the Orders were lawful. Background The […]…
Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd [2022] UKSC 10
Example case summary. Last modified: April 15, 2026
A tax-exempt pension fund trustee claimed repayment of over £8.8m in manufactured overseas dividend withholding tax credits, arguing the UK's stock lending tax regime restricted free movement of capital contrary to article 63 TFEU. The Supreme Court held there was no breach of article 63 and, alternatively, the remedy claimed was disproportionate. Background The respondent, […]…
Barclays Bank plc v Various Claimants [2020] UKSC 13
Example case summary. Last modified: April 13, 2026
Barclays Bank was not vicariously liable for sexual assaults allegedly committed by Dr Bates during medical examinations of prospective employees. Dr Bates was an independent contractor running his own medical practice, not in a relationship akin to employment with the Bank. The Supreme Court allowed Barclays' appeal. Background Between 1968 and approximately 1984, Dr Gordon […]…
Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another [2022] UKSC 9
Example case summary. Last modified: April 13, 2026
HMRC challenged whether accounting debits arising from employee share options granted to subsidiary companies' employees could reduce trading profits for corporation tax. The Supreme Court held the debits were deductible, being properly recognised expenses under IFRS2 and generally accepted accounting practice, not disallowed by any statutory provision. Background The respondent companies, NCL Investments Ltd and […]…
Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8
Example case summary. Last modified: April 13, 2026
Bott & Co solicitors claimed an equitable lien over flight delay compensation payable by Ryanair to their clients. Ryanair began paying clients directly, bypassing the solicitors. The Supreme Court (3-2 majority) held the lien applied, establishing that a solicitor pursuing a client's legal claim is sufficient to trigger the lien, without requiring an actual or […]…
R (Munir) v Secretary of State for the Home Department [2012] UKSC 32
Example case summary. Last modified: April 13, 2026
The Supreme Court considered whether the Secretary of State’s concessionary immigration policy DP5/96, granting discretion outside the immigration rules regarding families with children with long residence, constituted a ‘rule’ requiring laying before Parliament under section 3(2) of the Immigration Act 1971. The Court held it did not, dismissing both appeals. Background The appellants, Mr Rahman […]…
Pankina v Secretary of State for the Home Department [2010] EWCA Civ 719
Example case summary. Last modified: April 13, 2026
Graduates seeking Tier 1 migrant status challenged the Home Secretary's use of policy guidance to impose a three-month bank balance requirement not contained in immigration rules laid before Parliament. The Court of Appeal held the executive cannot lawfully supplement parliamentary-scrutinised immigration rules through changeable policy guidance, as this circumvents constitutional requirements for parliamentary oversight. Background […]…
Odelola v Secretary of State for the Home Department [2009] UKHL 25
Example case summary. Last modified: April 13, 2026
Dr Odelola, a Nigerian doctor, applied for leave to remain in the UK under immigration rules permitting overseas medical graduates. Before her application was determined, the rules changed to require UK qualifications. The House of Lords held the new rules applied to pending applications, dismissing her appeal. Background The appellant, Dr Odelola, was a Nigerian […]…
Ahmed v HM Treasury [2010] UKSC 2
Example case summary. Last modified: April 13, 2026
The Supreme Court held that two asset-freezing Orders in Council made by the Treasury under the United Nations Act 1946 were ultra vires. The Terrorism Order exceeded powers by imposing freezing on mere suspicion without Parliamentary scrutiny, while the Al-Qaida Order denied designated persons access to effective judicial remedy. The case affirmed the principle of […]…
R v Secretary of State for the Environment, Transport and the Regions, ex p Spath Holme Ltd [2001] 2 AC 349
Example case summary. Last modified: April 13, 2026
A landlord challenged The Rent Acts (Maximum Fair Rent) Order 1999, arguing the Secretary of State lacked power under section 31 of the Landlord and Tenant Act 1985 to cap fair rent increases to protect tenants from hardship. The House of Lords held the power was not limited to counter-inflationary purposes and upheld the Order. […]…
R v Secretary of State for the Home Department, ex p Javed [2001] EWCA Civ 789
Example case summary. Last modified: April 13, 2026
Three Pakistani asylum seekers challenged the designation of Pakistan as a 'White List' country with no general serious risk of persecution. The Court of Appeal upheld the finding that Pakistan's inclusion was unlawful, given compelling evidence of persecution of women and Ahmadis, despite the Order having received parliamentary approval. Background Three Pakistani citizens — Asif […]…
R (Stellato) v Secretary of State for the Home Department [2007] UKHL 5
Example case summary. Last modified: April 13, 2026
A prisoner serving a ten-year sentence for pre-2005 offences challenged whether his release at the three-quarter point should be unconditional or on licence. The House of Lords held transitional provisions preserved pre-Act entitlements, meaning pre-2005 offenders retained the right to unconditional release at the three-quarter point of their sentence. Background The respondent, Mr Stellato, was […]…
R (on the application of Bhatt Murphy (a firm)) v The Independent Assessor [2008] EWCA Civ 755
Example case summary. Last modified: April 13, 2026
Victims of alleged miscarriages of justice and specialist solicitors challenged the Secretary of State's withdrawal of the discretionary compensation scheme and reduction of recoverable legal costs. The Court of Appeal dismissed the appeals, finding no enforceable legitimate expectations arose from the pre-existing policy or costs arrangements. Background Since 1905, the Home Secretary made ex gratia […]…
R v Davis [2008] UKHL 36
Example case summary. Last modified: April 15, 2026
Iain Davis was convicted of double murder based solely on testimony from three anonymous witnesses whose identities, faces, and voices were concealed from the defendant and his counsel. The House of Lords held this violated the long-established common law right of confrontation and rendered the trial unfair, quashing the conviction. Background On New Year’s Day […]…
Croydon London Borough Council v Kalonga [2022] UKSC 7
Example case summary. Last modified: April 12, 2026
Croydon sought possession of Ms Kalonga's secure fixed-term tenancy without forfeiting it. The Supreme Court held that a landlord cannot bypass a tenant's contractual and proprietary security under a fixed term by simply seeking statutory possession, and must first terminate the tenancy by available contractual means. Background Croydon London Borough Council granted Ms Kalonga a […]…
R v Johnson [1997] 1 WLR 367
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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
Example case summary. Last modified: March 27, 2026
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 […]…
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