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Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35
Case Summaries
Candey Ltd, solicitors for Peak Hotels and Resorts Ltd, claimed an equitable lien over litigation settlement proceeds. The Supreme Court held Candey had waived the lien by entering into a new fixed fee agreement and deed of charge without expressly reserving it, as the new security arrangements were inconsistent with the lien’s continuation. Background Candey […] ...
Stanford International Bank Ltd v HSBC Bank PLC [2022] UKSC 34
Case Summaries
SIB, a company operating a Ponzi scheme now in liquidation, claimed HSBC breached its Quincecare duty by paying £116m to investors from SIB’s accounts. The Supreme Court held SIB suffered no recoverable loss since payments discharged equivalent liabilities, leaving its net asset position unchanged. Appeal dismissed (Lord Sales dissenting). Background Stanford International Bank Ltd (SIB), […] ...
DB Symmetry Ltd & Anor v Swindon Borough Council [2022] UKSC 33
Case Summaries
Swindon Borough Council argued that planning condition 39 required a developer to dedicate access roads as public highways. The Supreme Court held that a planning condition cannot lawfully require dedication of land as a public highway without compensation, and that condition 39 addressed only road construction standards, not dedication. Background The development site formed part […] ...
Abortion Services (Safe Access Zones), REFERENCE by the Attorney General for Northern Ireland [2022] UKSC 32
Case Summaries
The Attorney General for Northern Ireland referred the Abortion Services (Safe Access Zones) Bill to the Supreme Court, questioning whether criminalising acts intended to influence persons near abortion clinics without a reasonable excuse defence was a disproportionate interference with Convention rights. The Court unanimously held the provision was within the Assembly’s legislative competence. Background The […] ...
Devolution issues under the Scotland Act 1998, Reference by the Lord Advocate (Rev1) [2022] UKSC 31
Case Summaries
The Lord Advocate referred the question whether a proposed Scottish Independence Referendum Bill related to reserved matters under the Scotland Act 1998. The Supreme Court unanimously held that such a Bill did relate to the reserved matters of the Union and the UK Parliament, meaning the Scottish Parliament lacked legislative competence to enact it. Background […] ...
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30
Case Summaries
Hillside Parks Ltd sought to rely on a 1967 planning permission for 401 dwellings despite decades of development departing from the original Master Plan under separate permissions. The Supreme Court held that subsequent inconsistent development rendered the 1967 permission physically impossible to implement, and dismissed the appeal. Background The appeal concerned a 29-acre site known […] ...
The Soldiers, Sailors, Airmen and Families Association – Forces Help & Anor v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29
Case Summaries
The Supreme Court considered whether the Civil Liability (Contribution) Act 1978 has mandatory overriding effect applying to all contribution claims in England and Wales regardless of choice of law rules. The Court held it does not, meaning ordinary choice of law rules apply. German law therefore governed the contribution claim, rendering it time-barred. Background The […] ...
Revenue and Customs v NHS Lothian Health Board (Scotland) [2022] UKSC 28
Case Summaries
NHS Lothian claimed over £900,000 in historic unrecovered VAT input tax from 1974-1997 on laboratory services. The Supreme Court held the First-tier Tribunal was entitled to reject the claim due to insufficient evidence substantiating the amount, reversing the Inner House’s decision that had remitted the case. Background NHS Lothian Health Board submitted a late claim […] ...
Guest & Anor v Guest [2022] UKSC 27
Case Summaries
Andrew Guest worked on his parents’ farm for over 30 years at low wages, relying on promises he would inherit a share. After a family falling-out, his parents disinherited him. The Supreme Court considered the correct principles for remedying proprietary estoppel, holding the aim is to prevent unconscionability, starting from the claimant’s expectation but subject […] ...
DCM (Optical Holdings) Ltd v Revenue and Customs (Scotland) [2022] UKSC 26
Case Summaries
DCM challenged HMRC’s VAT output tax assessment as time-barred and disputed HMRC’s power to reduce self-assessed VAT credit claims. The Supreme Court upheld both HMRC’s assessment as timely and confirmed HMRC’s implied statutory power to verify and refuse unjustified VAT credit claims pending investigation. Background DCM (Optical Holdings) Ltd (‘DCM’) operated an optical business under […] ...
BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25
Case Summaries
BTI 2014 LLC, as assignee of AWA’s claims, sought to recover from AWA’s directors a dividend paid to the parent company Sequana SA, alleging breach of a duty to consider creditors’ interests when there was a real risk of future insolvency. The Supreme Court unanimously dismissed the appeal, holding that while a common law duty […] ...
R v Andrewes (Rev1) [2022] UKSC 24
Case Summaries
Mr Andrewes obtained senior positions at a hospice and two NHS trusts using fabricated qualifications and experience. He performed the roles competently for over ten years. The Supreme Court held that confiscation of all net earnings was disproportionate, but confiscating the profit from the fraud (the difference between earnings obtained and earnings he would otherwise […] ...
R v Luckhurst [2022] UKSC 23
Case Summaries
The Supreme Court determined that section 41(4) of the Proceeds of Crime Act 2002 does not preclude exceptions to restraint orders for reasonable legal expenses in civil proceedings, even where those proceedings involve the same or similar facts as the criminal offence giving rise to the restraint order. Background Andrew Luckhurst, a former professional sportsman […] ...
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22
Case Summaries
Three conjoined appeals concerning deportation of foreign criminals under section 117C of the 2002 Act. The Supreme Court clarified the ‘unduly harsh’ test, rejecting the Secretary of State’s ‘notional comparator’ approach, and addressed rehabilitation and offence seriousness in the ‘very compelling circumstances’ test. All three appeals by the Secretary of State were dismissed. Background These […] ...
The Harpur Trust v Brazel [2022] UKSC 21
Case Summaries
Mrs Brazel, a part-year visiting music teacher on a permanent contract, claimed her employer underpaid holiday pay by pro-rating her entitlement. The Supreme Court held that part-year workers are entitled to 5.6 weeks’ statutory paid leave without reduction for weeks not worked, rejecting the employer’s percentage-based calculation method. Background The respondent, Mrs Brazel, was a […] ...
Basfar v Wong [2022] UKSC 20
Case Summaries
A migrant domestic worker alleged she was trafficked and exploited by a Saudi diplomat in the UK, working in conditions of modern slavery. The Supreme Court held (3-2) that exploiting a domestic worker for profit in circumstances of modern slavery constitutes a ‘commercial activity’ under the Vienna Convention, removing diplomatic immunity from civil claims. Background […] ...
Hastings v Finsbury Orthopaedics Ltd and another [2022] UKSC 19
Case Summaries
Mr Hastings claimed his metal-on-metal hip prosthesis (MITCH-Accolade product) was defective under the Consumer Protection Act 1987. The Supreme Court upheld lower court findings that he failed to prove, on the balance of probabilities, that the product’s safety fell below entitled expectations, as statistical evidence undermined his prima facie case. Background In 2009, the appellant, […] ...
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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 […] ...
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R (Munir) v Secretary of State for the Home Department [2012] UKSC 32
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
Case Summaries
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
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
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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 […] ...