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R v Johnson [1997] 1 WLR 367
Case Summaries
The Court of Appeal held that hundreds of obscene telephone calls made to thirteen different women constituted a public nuisance. By applying a “cumulative effect” test, the court determined the conduct affected a section of the public rather than just isolated individuals. However, this reasoning was later overruled for contradicting the rationale of the offence. […] ...
Craig v Her Majesty’s Advocate (for the Government of the United States of America) [2022] UKSC 6
Case Summaries
Mr Craig’s extradition to the US was challenged because the UK Government unlawfully failed to commence forum bar provisions in Scotland enacted by Parliament. The Supreme Court held this failure meant the extradition proceedings were not ‘in accordance with the law’ under Article 8 ECHR, rendering the Scottish Ministers’ acts ultra vires. Background The appellant, […] ...
Bloomberg LP v ZXC [2022] UKSC 5
Case Summaries
Bloomberg published details from a confidential law enforcement Letter of Request identifying ZXC as a suspect in a criminal investigation. The Supreme Court held that, as a legitimate starting point, persons under criminal investigation have a reasonable expectation of privacy in information relating to that investigation prior to being charged. Background The respondent, ZXC, was […] ...
Public Prosecutor’s Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4
Case Summaries
The Supreme Court held that under section 26(5) of the Extradition Act 2003, a person seeking to appeal an extradition order out of time need only show that they personally did everything reasonably possible to ensure timely notice, without being held responsible for their solicitor’s failures. Background On 11 March 2013, the Court of Appeal […] ...
R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department [2022] UKSC 3
Case Summaries
A child born in the UK challenged the £1,012 registration fee for British citizenship as ultra vires, arguing it rendered her statutory right nugatory due to unaffordability. The Supreme Court dismissed the appeal, holding Parliament had expressly authorised the Secretary of State to set fees at that level under the Immigration Act 2014. Background The […] ...
Akdogan and another v Director of Public Prosecutions [2022] UKSC 2
Case Summaries
Three appellants were convicted under section 13 of the Terrorism Act 2000 for carrying PKK flags at a London demonstration. The Supreme Court held that section 13 creates a strict liability offence and that this is compatible with the right to freedom of expression under Article 10 ECHR. Background On 27 January 2018, the three […] ...
Port Property Services Ltd v Settlers Court RTM Company Ltd and others [2022] UKSC 1
Case Summaries
The Supreme Court considered whether the statutory ‘right to manage’ under the Commonhold and Leasehold Reform Act 2002 extends to shared estate facilities used by occupants of multiple buildings. It held it does not, overruling Gala Unity, confining the right to the relevant building and exclusively used appurtenant property. Background The appeal concerned the Virginia […] ...
Jalla and another v Shell International Trading and Shipping Co Ltd and another [2023] UKSC 16
Case Summaries
Following a major offshore oil spill in Nigeria in 2011, the claimants argued the oil remaining on their land constituted a continuing nuisance, restarting the limitation period daily. The Supreme Court rejected this, holding that a one-off escape causing ongoing damage does not create a continuing cause of action in private nuisance. Background On 20 […] ...
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15
Case Summaries
A Jehovah’s Witness elder raped an adult female congregation member at his home. The Supreme Court allowed the congregation trustees’ appeal, holding the organisation was not vicariously liable because the rape was not sufficiently closely connected with the elder’s authorised activities to satisfy the ‘close connection’ test at stage 2. Background The respondent, Mrs B, […] ...
Fearn & Ors v Board of Trustees of the Tate Gallery [2023] UKSC 4
Case Summaries
Residents of Neo Bankside flats with glass walls sued the Tate Gallery, claiming its public viewing gallery enabled hundreds of thousands of visitors annually to peer into their living areas, constituting private nuisance. The Supreme Court held this constant visual intrusion was actionable as nuisance, remitting the case for determination of remedy. Background The appellants […] ...
Barton & Ors v Morris & Anor [2023] UKSC 3
Case Summaries
Mr Barton introduced a buyer for Foxpace’s property under an oral agreement entitling him to £1.2 million if the property sold for £6.5 million. It sold for £6 million. The Supreme Court (3-2) held the contract precluded any payment, and unjust enrichment could not override the contractual allocation of risk. Background Mr Philip Barton, a […] ...
Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2
Case Summaries
A dispute over the conclusive effect of a landlord’s service charge certificate in a commercial lease. The Supreme Court held the certificate was conclusive as to the sum payable, requiring payment, but did not preclude the tenant from subsequently challenging underlying liability — a ‘pay now, argue later’ regime. Background Sara & Hossein Asset Holdings […] ...
McCue v Glasgow City Council (Scotland) [2023] UKSC 1
Case Summaries
A guardian for a disabled man challenged Glasgow City Council’s assessment of charges for community care services, arguing insufficient deductions for disability-related expenditure constituted unlawful discrimination under the Equality Act 2010. The Supreme Court held the Council’s charging approach was not discriminatory under sections 15 or 20, as the treatment was favourable to disabled persons, […] ...
Hirachand v Hirachand and another [2024] UKSC 43
Case Summaries
The Supreme Court considered whether a court making an award under the Inheritance (Provision for Family and Dependants) Act 1975 could include a sum for a success fee payable under a conditional fee agreement, despite section 58A(6) of the Courts and Legal Services Act 1990 prohibiting recovery of success fees via costs orders. The Court […] ...
R (on the application of Cobalt Data Centre 2 LLP and another) v Commissioners for His Majesty’s Revenue and Customs [2024] UKSC 40
Case Summaries
Two LLPs claimed 100% enterprise zone capital allowances for expenditure on data centres built under a 'golden contract' entered into just before the 10-year deadline. The Supreme Court dismissed the appeal, holding that expenditure on buildings not contractually committed to within the first 10-year period did not satisfy section 298 of the Capital Allowances Act […] ...
UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30
Case Summaries
The UKSC dismissed RusChemAlliance's appeal, holding that arbitration agreements in bonds governed by English law entitled UniCredit to an anti-suit injunction restraining Russian court proceedings brought in breach of those agreements, even though the agreed seat of arbitration was Paris, not England. Background RusChemAlliance LLC (‘RusChem’), a Russian company, entered into construction contracts with German […] ...
Commissioners for His Majesty’s Revenue and Customs v Professional Game Match Officials Ltd [2024] UKSC 29
Case Summaries
The Supreme Court considered whether part-time football referees engaged by PGMOL for individual matches were employees. It held that the irreducible minimum of mutuality of obligation and control necessary for employment contracts was satisfied, dismissing PGMOL's appeal and remitting the case for a full assessment of employment status. Background Professional Game Match Officials Limited (PGMOL) […] ...
Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and others [2024] UKSC 28
Case Summaries
Tesco offered employees 'permanent' retained pay as an inducement to relocate to new distribution centres instead of accepting redundancy. When Tesco later sought to remove retained pay by dismissing and re-engaging employees on new terms, the Supreme Court held an implied term prevented this and granted injunctive relief. Background In 2007, Tesco embarked on an […] ...
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27
Case Summaries
An RTM company failed to serve a claim notice on an intermediate landlord as required under section 79(6)(a) of the CLRA 2002. The Supreme Court held this failure rendered the transfer voidable, not void, and dismissed the appeal since the tribunal had already approved the scheme and the landlord suffered no substantive prejudice. Background The […] ...
QX v Secretary of State for the Home Department [2024] UKSC 26
Case Summaries
The Supreme Court considered whether Article 6(1) ECHR's fair hearing guarantee applies to judicial review of a decision to impose a temporary exclusion order under the Counter-Terrorism and Security Act 2015, where associated obligations interfere with the subject's civil rights. The Court held it does, dismissing the Secretary of State's appeal. Background The respondent, QX, […] ...
Centrica Overseas Holdings Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] UKSC 25
Case Summaries
An intermediate holding company sought to deduct professional advisory fees incurred in disposing of a loss-making subsidiary as revenue expenses of management. The Supreme Court held the fees were capital expenditure, applying the same capital/revenue distinction used for trading companies, and therefore not deductible under section 1219 of the Corporation Tax Act 2009. Background Centrica […] ...
Lipton and another v BA Cityflyer Ltd [2024] UKSC 24
Case Summaries
Passengers' flight from Milan was cancelled due to pilot illness. The Supreme Court held that pilot illness is not an 'extraordinary circumstance' under EU Regulation 261/2004, so the airline must pay compensation. The Court also clarified that pre-Brexit accrued EU law rights form part of 'retained EU law' under the Withdrawal Act 2018. Background Mr […] ...
Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23
Case Summaries
The Supreme Court held that a collateral warranty given by a contractor to a tenant was not a 'construction contract' under the Housing Grants, Construction and Regeneration Act 1996, as it merely replicated obligations owed under the building contract rather than creating separate obligations for carrying out construction operations. The decision overruled Parkwood Leisure. Background […] ...
The Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No 2) [2024] UKSC 22
Case Summaries
The Manchester Ship Canal Company sued United Utilities over repeated discharges of foul water from sewers into the canal. The Supreme Court held that the Water Industry Act 1991 does not bar common law claims in nuisance or trespass against sewerage undertakers for polluting discharges into watercourses, distinguishing the case from Marcic v Thames Water. […] ...
Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21
Case Summaries
A British citizen convicted in absentia of war crimes by a Bangladeshi tribunal sued the Home Secretary for libel after a government report stated he was guilty. The Supreme Court held that striking out his claim as an abuse of process was wrong, as he never had a fair opportunity to contest the foreign conviction. […] ...
R (Finch) v Surrey County Council and others [2024] UKSC 20
Case Summaries
Sarah Finch challenged Surrey County Council's grant of planning permission for oil extraction at Horse Hill, arguing the environmental impact assessment unlawfully excluded greenhouse gas emissions from the eventual combustion of the extracted oil. The Supreme Court agreed (3-2), holding that combustion emissions were inevitable indirect effects of the project requiring assessment. Background Horse Hill […] ...
George v Cannell and another [2024] UKSC 19 (12 June 2024)
Case Summaries
The Supreme Court considered whether section 3(1) of the Defamation Act 1952 permits recovery of damages for injured feelings in a malicious falsehood claim where no financial loss was caused. The majority held it does not, awarding only nominal damages of £5, as the tort remains fundamentally economic in character. Background The claimant, Fiona George, […] ...
Precedent in the English legal system
Law Essay Study Guides
The doctrine of precedent – often referred to by its Latin maxim stare decisis et non quieta movere (“to stand by decisions and not disturb the undisturbed”) – is one of the most fundamental pillars of the English legal system. It is the mechanism by which past judicial decisions bind or influence courts in subsequent cases involving […] ...
How to OSCOLA reference
Law Essay Study Guides
Learn how to OSCOLA reference with our complete guide, inc. footnotes, cases, legislation, books, journals, websites & bibliography examples. ...
RTI Ltd v MUR Shipping BV [2024] UKSC 18
Case Summaries
MUR Shipping invoked a force majeure clause when US sanctions impeded contractual payment in US dollars. RTI offered to pay in euros instead. The Supreme Court held that reasonable endeavours in force majeure clauses do not require the affected party to accept non-contractual performance, absent clear wording. Background MUR Shipping BV (shipowner) and RTI Ltd […] ...
Lifestyle Equities CV and another v Ahmed and another [2024] UKSC 17
Case Summaries
Trade mark owners sued company directors as accessories for the company’s trade mark infringements. The Supreme Court held that accessory liability requires knowledge of facts making the acts infringing, even for strict liability torts. Directors are not subject to special rules but were not liable here as no such knowledge was found. Background The appellants, […] ...
Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16
Case Summaries
Argentum salvaged silver bars from a shipwreck belonging to South Africa and claimed salvage. The Supreme Court held South Africa was immune from the in rem claim under the State Immunity Act 1978, as the silver was intended for the non-commercial sovereign purpose of minting coinage, not in use for commercial purposes. Background In November […] ...
Davies v Bridgend County Borough Council [2024] UKSC 15
Case Summaries
A homeowner claimed damages for residual diminution in property value caused by Japanese Knotweed encroaching from council land. The Supreme Court held the diminution predated the council’s breach of duty (2013–2018) and was not caused by it, applying the ‘but for’ causation test. The appeal was allowed and no damages awarded. Background The respondent, Marc […] ...
Sharp Corp Ltd v Viterra BV [2024] UKSC 14
Case Summaries
A dispute over damages for buyer’s default under GAFTA contracts for pulses sold C&FFO Mundra. The Supreme Court held the Court of Appeal exceeded its jurisdiction under section 69 of the Arbitration Act 1996 by deciding unraised questions and making factual findings, but allowed the cross-appeal on the correct basis for assessing damages. Background This […] ...
R (on the application of AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13
Case Summaries
A Belarusian foreign criminal deliberately thwarted his deportation by lying to Belarusian authorities, creating prolonged ‘limbo’ status in the UK without leave to remain. The Supreme Court held that refusing leave to remain did not violate Article 8 ECHR, overturning lower courts and clarifying the proportionality framework for self-induced immigration limbo cases. Background The respondent, […] ...
Secretary of State for Business and Trade v Mercer [2024] UKSC 12
Case Summaries
A UNISON representative was suspended for participating in lawful strike action. The Supreme Court held that section 146 of TULRCA, which provides no protection against detriment short of dismissal for lawful industrial action, is incompatible with Article 11 ECHR. A declaration of incompatibility was made. Background Fiona Mercer was employed as a support worker by […] ...
Hassam and another v Rabot and another [2024] UKSC 11
Case Summaries
The Supreme Court determined how damages for pain, suffering and loss of amenity should be assessed when a claimant suffers both whiplash and non-whiplash injuries in the same road traffic accident. The Court upheld the ‘Sadler’ step-back approach, adding the statutory tariff for whiplash to common law damages for non-whiplash injuries, then making a rough […] ...
Merticariu v Judecatoria Arad, Romania [2024] UKSC 10
Case Summaries
The Supreme Court held that section 20(5) of the Extradition Act 2003 requires a requested person to have an entitlement to a retrial, not merely a right to apply for one. A retrial right contingent on a foreign court’s factual finding about deliberate absence is insufficient. The appellant’s extradition order was quashed and his discharge […] ...
Bertino v Public Prosecutor’s Office, Italy [2024] UKSC 9
Case Summaries
An Italian national convicted in absentia of a sexual offence challenged his extradition to Italy. The UK Supreme Court held he had not deliberately absented himself from trial, as he was never informed of criminal proceedings or the trial date, and had not unequivocally waived his right to be present. His extradition was quashed. Background […] ...
Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8
Case Summaries
Lifestyle Equities owned UK/EU trade marks for ‘Beverly Hills Polo Club’. Amazon marketed identically branded US goods on its USA website to UK consumers. The Supreme Court held Amazon’s USA website targeted UK consumers, constituting trade mark infringement, dismissing Amazon’s appeal against the Court of Appeal’s decision. Background The respondents, Lifestyle Equities CV and Lifestyle […] ...
In the matter of an application by RM (a person under disability) by SM, his father and next friend (AP) for Judicial Review [2024] UKSC 7
Case Summaries
A restricted patient detained under the Mental Health (Northern Ireland) Order 1986 challenged his continued detention when his treatment plan involved community-based leave of absence. The Supreme Court held that leave of absence under article 15 is not inconsistent with continued detention for hospital treatment, restoring the review tribunal’s decision. Background RM is a restricted […] ...
Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6
Case Summaries
A hire car was damaged in a collision caused by the other driver’s negligence. The hirer claimed £1,560 owed to the hire company under a contractual loss-of-use clause. The Supreme Court held this consequential loss was recoverable, as the insurer failed to prove the clause was an unreasonable pre-estimate of loss. Background The appellant, Lorna […] ...
Jersey Choice Ltd v His Majesty’s Treasury [2024] UKSC 5
Case Summaries
Jersey Choice Ltd, a Jersey horticultural company, claimed Francovich damages against HM Treasury for removing VAT low value consignment relief on mail order goods from the Channel Islands. The Supreme Court dismissed the appeal, holding the charge was a fiscal measure, not a customs duty, and Jersey was a third territory to which the EU […] ...
In the matter of an application by Stephen Hilland for Judicial Review [2024] UKSC 4
Case Summaries
A determinate custodial sentence prisoner challenged the Department of Justice's practice of applying a 'risk of harm' test for licence revocation and recall, rather than the 'risk of serious harm' test applied to indeterminate and extended custodial sentence prisoners, alleging unjustifiable discrimination under Article 14 ECHR read with Article 5. The Supreme Court dismissed the […] ...
Potanina v Potanin [2024] UKSC 3
Case Summaries
The Supreme Court considered whether a respondent to a without-notice grant of leave under section 13 of the Matrimonial and Family Proceedings Act 1984 has an unrestricted right to apply to set aside that order. The Court held (3-2) that the ‘knock-out blow’ test was wrong in law, and the respondent is entitled to a […] ...
Herculito Maritime Ltd and others v Gunvor International BV and others [2024] UKSC 2 (17 January 2024)
Case Summaries
The vessel MT POLAR was seized by Somali pirates in the Gulf of Aden. The shipowner claimed general average contribution from cargo interests for the ransom paid. Cargo interests argued charter insurance provisions created an 'insurance code' precluding such claims. The Supreme Court held no insurance code existed and cargo interests must contribute. Background On […] ...
Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1 (11 January 2024)
Case Summaries
Three families claimed damages for psychiatric illness caused by witnessing relatives die from conditions negligently left undiagnosed by doctors. The Supreme Court held that secondary victim claims require witnessing an accident, not a medical crisis from disease, and dismissed all appeals by a 6-1 majority. Background Three conjoined appeals arose from claims by close relatives […] ...
Secretary of State for the Home Department v Kolicaj [2025] UKSC 49
Case Summaries
The UKSC considered whether procedural fairness required the Secretary of State to offer to reconsider a citizenship deprivation decision on the merits after making it without prior representations. The Court held no fairness gap existed because the statutory appeal to the FTT provided a full merits-based remedy, not merely judicial review. Background Mr Gjelosh Kolicaj, […] ...
Evans v Barclays Bank Plc and others [2025] UKSC 48
Case Summaries
The Supreme Court considered whether FX trading competition law claims should proceed as opt-out collective proceedings. The Court allowed the appeal, finding the Competition Appeal Tribunal was entitled to refuse opt-out certification given the weakness of the claims on causation and the practicability of opt-in proceedings for substantial claimants. Background This appeal concerned the collective […] ...
In the matter of an application by the Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47
Case Summaries
The Secretary of State challenged a coroner’s decision to disclose gists of PII-protected information in an inquest into a 1994 Troubles-related murder. The Supreme Court held that reviewing courts must independently assess the public interest balance under PII principles, not merely apply ordinary judicial review standards, and allowed the appeal preventing disclosure. Background This appeal […] ...
Commissioners for His Majesty’s Revenue and Customs v Hotel La Tour Ltd [2025] UKSC 46
Case Summaries
Hotel La Tour Ltd sold shares in its subsidiary to fund a new hotel project and sought to deduct VAT on professional fees incurred for the sale. The Supreme Court held the input VAT was not deductible because the fees were directly and immediately linked to the exempt share sale, not to HLT’s general taxable […] ...
Veale and others v Scottish Power UK Plc [2025] UKSC 45
Case Summaries
The family of Robert Crozier, who died of mesothelioma after previously settling an asbestos claim, sought damages under the Damages (Scotland) Act 2011. The Supreme Court held that section 5 applied regardless of whether the deceased had mesothelioma at the time liability was discharged, dismissing Scottish Power’s appeal. Background Robert Crozier was employed by Scottish […] ...
X (Appellant) v The Lord Advocate (Respondent) [2025] UKSC 44
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
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
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
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
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
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
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
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
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 […] ...
Housing Act 1988
Act Summaries
The Housing Act 1988 is the legislation which governs most private sector tenancies nowadays and which introduces two types of tenancies – assured shorthold tenancies and assured tenancies. 1. Why was it introduced? (Political/Sociological Context) In 1979, Margaret Thatcher became the Prime Minister of the UK and the Conservatives took power. At the time, the […] ...
C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government [2025] UKSC 35
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
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
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
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
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
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
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
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
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
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
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. […] ...
Constitutional Reform and Governance Act 2010
Act Summaries
The Constitutional Reform and Governance Act 2010 was introduced in the last few weeks of Gordon Brown’s Labour Government Premiership and was aimed at both codifying the law regarding the governance of the Civil Service and codifying the ratification of treaties by Parliament as part of the United Kingdom’s constitutional settlement. The act is in […] ...
Scotland Act 1998
Act Summaries
Why was it introduced? The historical and political context to the Scotland Act may be seen within the context of a rising Scottish nationalist sentiment in the 1990’s. As a result of this, and as a result of political pressure to allow the public to have a say on the issue, a referendum on the […] ...
Inquiries Act 2005
Act Summaries
Why was it introduced? Public inquiries have long been part of the United Kingdom’s constitutional apparatus, and are acknowledged to play an important role in British public life and in ensuring accountability. They are often called for and used when it appears as though something has gone seriously wrong on either a societal or governmental […] ...
Homicide Act 1957
Act Summaries
Brief Background The Homicide Act 1957 gained Royal Assent on 21 March 1957 and is an Act of Parliament that helped to partially reform the offence of murder in the English common law. Why was it introduced? The Committee was created at a time when the English legal system was considering the creation of different […] ...
Murder (Abolition of the Death Penalty) Act 1965
Act Summaries
The Murder (Abolition of Death Penalty) Act 1965 is a piece of legislation in the United Kingdom which abolished the death penalty for murder across England and Wales. This built upon the earlier Homicide Act 1957 which restricted the imposition of the death penalty as a punishment for murder. The Act did not extend to […] ...
Law Reform (Year and a Day Rule) Act 1996
Act Summaries
Brief Background The Law Reform (Year and a Day Rule) Act 1996, is an Act of Parliament which eradicated the ‘year and a day rule’ in England and Northern Ireland. The ‘year and a day’ rule created a presumption that if a death had occurred after a year and a day of the act or […] ...
Commissioners for HMRC v Dolphin Drilling Ltd [2025] UKSC 24
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
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
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
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
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
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, […] ...
Abortion Act 1967
Act Summaries
Background and Overview Sociological context The Abortion Act 1967 provisions remain controversial almost 50 years after their enactment. At its essence, the Act seeks to address two extremely challenging and largely antithetical human rights considerations. The first is that all human life is sacred, where ‘life’ is defined as commencing with conception, and extending until […] ...
Bilta (UK) Ltd v Tradition Financial Services Ltd [2025] UKSC 18
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
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
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
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
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
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
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
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
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
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
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
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
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
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 […] ...