April 17, 2026
Four British Christians claimed workplace discrimination for manifesting their faith. Eweida was barred from wearing a visible cross at British Airways; Chaplin from wearing one as a nurse; Ladele refused to register civil partnerships; McFarlane refused to counsel same-sex couples. The Court found violation only for Eweida, holding her employer...
April 17, 2026
Recent case law shows that employers do not have unlimited freedom to pull a job offer. Here is what applicants should know about conditional offers, discrimination risks, reasonable adjustments, and the evidence worth keeping. 1. What counts as a “withdrawn offer”? A job offer, once made, can create legal consequences...
April 17, 2026
Bank Mellat, an Iranian commercial bank, challenged a Treasury order restricting its access to UK financial markets due to alleged connections with Iran's nuclear weapons programme. The Supreme Court allowed the appeal, finding the order was both procedurally unfair for lack of prior consultation and substantively disproportionate as it arbitrarily...
April 17, 2026
Phyllis Sullivan, a job applicant who was unsuccessful in applications to the Council, claimed detriment for making a protected disclosure to her MP about alleged financial irregularities. The Court held that employment legislation protecting workers and NHS job applicants who make protected disclosures, but not job applicants generally, is compatible...
April 17, 2026
An unmarried couple jointly purchased a family home. After separation, Mr Kernott left and stopped contributing to the property while Ms Jones remained with the children and paid all expenses. The Supreme Court held that the parties' beneficial interests had changed over time, awarding Ms Jones 90% and Mr Kernott...
April 17, 2026
An unmarried cohabiting couple purchased a home in joint names without declaring their beneficial interests. When the relationship ended after 18 years and four children, the House of Lords held that joint legal ownership creates a presumption of equal beneficial ownership, but this was rebutted by evidence of their rigidly...
April 16, 2026
Banks v Goodfellow is the seminal English authority on testamentary capacity, establishing the common law test that, over 150 years later, still governs whether a testator has sufficient mental capacity to make a valid will. The Court of Queen’s Bench, in a judgment delivered by Cockburn C.J., held that a...
April 13, 2026
Romanian nationals with pre-settled status under the EU Settlement Scheme challenged refusal of universal credit as nationality discrimination under EU law. The Supreme Court held that EU citizens without EU law residence rights cannot claim equal treatment under Article 18 TFEU for social assistance benefits. Facts The respondents were two...
April 13, 2026
JB, a 38-year-old man with autism and brain damage, sought to engage in sexual relations but lacked understanding that sexual partners must consent throughout. The Supreme Court held that capacity to decide to engage in sexual relations under the Mental Capacity Act 2005 requires understanding that the other person must...
April 13, 2026
A container vessel grounded after leaving Xiamen port due to a defective passage plan that failed to note warnings about uncharted depths outside the fairway. The Supreme Court held that the defective passage plan rendered the vessel unseaworthy and the carrier could not rely on the nautical fault exception under...
April 13, 2026
A Lebanese franchisor sought to enforce an ICC arbitration award against a Kuwaiti company (KFG), claiming KFG became party to franchise agreements through conduct. The Supreme Court held English law governed the arbitration agreement and that KFG never became a party due to 'No Oral Modification' clauses requiring written consent....
April 13, 2026
Employer made direct pay offers to union members during ongoing collective bargaining negotiations, bypassing the agreed procedures with Unite. The Supreme Court held this contravened section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, as offers made before exhausting collective bargaining procedures achieve the 'prohibited result' when...
April 13, 2026
An asylum seeker was granted bail by the First-tier Tribunal with specific conditions. The Secretary of State imposed additional restrictions inconsistent with the bail order without seeking to vary it. The Supreme Court held that court orders must be obeyed until set aside, regardless of any defects, affirming the fundamental...
April 13, 2026
Lady Brownlie sought damages after a road accident in Egypt killed her husband and injured her. The Supreme Court considered whether tort claims could be served on an Egyptian hotel operator, interpreting the jurisdictional gateway requiring damage sustained within England. The majority held continuing pain and financial loss in England...
April 13, 2026
Ms Anwar suffered workplace harassment and obtained an employment tribunal award against her former employer, but could not recover payment as the employer allegedly dissipated funds. She claimed the UK failed to implement EU Equality Directives by not enabling employment tribunals to grant interim diligence. The Supreme Court held Scottish...
April 13, 2026
Ms Adelekun suffered personal injury in a road traffic accident and settled her claim against Ms Ho. A costs dispute arose over whether the defendant could set off costs owed to her against costs she owed the claimant under the QOCS scheme. The Supreme Court held that set-off constitutes enforcement...
April 13, 2026
The UK Supreme Court held that several provisions of the Scottish Parliament's UNCRC and ECLSG Incorporation Bills exceeded legislative competence by modifying section 28(7) of the Scotland Act 1998, which preserves Westminster's unqualified power to legislate for Scotland. The Bills attempted to subject UK Parliament Acts to judicial interpretation and...
April 13, 2026
TN, a Vietnamese asylum seeker, challenged the First-tier Tribunal's rejection of her asylum claim under the Fast Track Rules 2005, arguing the rules' systemic unfairness automatically nullified decisions made under them. The Supreme Court held that systemic unfairness in procedural rules does not automatically invalidate individual decisions; claimants must demonstrate...
April 13, 2026
HMRC opened a tax enquiry but sent the notice to Mr Tinkler's old address. His tax advisers BDO acknowledged the enquiry and corresponded with HMRC. Years later, Tinkler argued the enquiry was invalid. The Supreme Court held Tinkler was estopped by convention from denying the enquiry's validity. Facts Mr Tinkler...
April 13, 2026
BF, an Eritrean asylum seeker claiming to be 16, was assessed by immigration officers as an adult based on appearance and detained. He challenged the Secretary of State's policy guidance (criterion C) for assessing age, arguing it risked unlawful detention of children. The Supreme Court allowed the Secretary of State's...
April 13, 2026
A convicted sex offender challenged guidance on the Child Sex Offender Disclosure Scheme, arguing it insufficiently required police to consult him before disclosing his offences. The Supreme Court dismissed the appeal, clarifying that judicial review of policies requires showing they positively authorise or approve unlawful conduct, not merely that they...
April 13, 2026
CPRE Kent challenged costs orders made against it after its statutory planning review was refused permission. The Supreme Court upheld the Court of Appeal's practice that multiple defendants and interested parties may each recover reasonable costs for preparing acknowledgements of service, qualifying the Bolton principle for permission stage proceedings. Facts...
April 13, 2026
A local authority sought to use the High Court's inherent jurisdiction to authorise deprivation of liberty for a vulnerable child in placements that were not approved secure accommodation. The Supreme Court held that the inherent jurisdiction remains available in cases of necessity where no approved secure accommodation exists, despite regulatory...
April 13, 2026
Mrs X was raped and assaulted by a hotel employee while on a package holiday in Sri Lanka arranged by Kuoni. The Supreme Court held that Kuoni was liable for improper performance of the package travel contract, as the employee's guidance fell within holiday arrangements and the statutory exemptions did...
April 13, 2026
Mr Efobi, a Nigerian-born postman employed by Royal Mail, alleged direct racial discrimination after over 30 unsuccessful internal job applications. The Supreme Court considered whether section 136 of the Equality Act 2010 changed the burden of proof in discrimination cases. The Court held the statutory change was clarificatory, not substantive....
April 17, 2026
National Case Law Archive
April 17, 2026
National Case Law Archive
April 17, 2026
National Case Law Archive