August 5, 2026
The parties underwent an Islamic Nikah ceremony in London in 1998, knowing it had no legal effect and intending a later civil ceremony which never took place. The Court of Appeal held this was a 'non-qualifying ceremony', not a void marriage, so no decree of nullity could be granted. Facts...
August 5, 2026
Bahraini agents allegedly hacked the computers of two UK-based pro-democracy activists using FinSpy spyware, operated remotely from Bahrain, causing psychiatric injury. The Supreme Court held by majority that section 5 of the State Immunity Act 1978 removes state immunity where causative acts occur in the UK, even if the actor...
August 5, 2026
AXA and GREA, follower claimants in a group litigation order concerning unlawful UK taxation of foreign dividends, sought to rely on the Prudential test case decision. The Supreme Court dismissed their appeal, holding the court could 'order otherwise' under CPR r 19.23(1)(a) where subsequent authority had shown the test case...
August 5, 2026
Buyers cancelled a ship sale contract under clause 14 of the Norwegian Saleform 2012 after sellers' negligent failure to deliver on time. The Supreme Court held buyers could recover loss of bargain damages of US$1.85m despite no repudiatory breach, upholding the Court of Appeal. Facts The parties entered into a...
August 5, 2026
Mrs Bano was offered private rented sector accommodation in Derby by Waltham Forest, which she refused. She later sought judicial review claiming the main housing duty continued. The Supreme Court held the duty ceased automatically on refusal of a compliant offer, and a statutory review under section 202 was her...
August 5, 2026
Mr Costa, a company director, covertly pursued his own sale strategy for the company, concealing it from and misleading the board, contrary to the agreed Exit strategy. The Supreme Court held this breached section 172 of the Companies Act 2006, requiring good faith in conduct, not just belief. Facts Spring...
August 5, 2026
Animal rights protesters blocked a private road leading to a Müller dairy works, preventing vehicles from entering or leaving. The Supreme Court held that obstructing passage on a private road cannot constitute public nuisance under section 78(1)(b)(ii) of the Police, Crime, Sentencing and Courts Act 2022, as the public has...
August 5, 2026
The Danish tax authority SKAT brought fresh fraud claims against EDFM in 2022 after earlier negligent misrepresentation claims were dismissed under the Revenue Rule in 2018. The Supreme Court held issue estoppel did not bar the new claims, as the fraud allegations involved different facts not determined in the earlier...
August 5, 2026
The Supreme Court considered whether members of BlueCrest, a hedge fund LLP, should be treated as employees under the salaried members legislation. The Court dismissed BlueCrest's appeal on both Conditions A and B, upholding remittal to the First-tier Tribunal. Facts BlueCrest Capital Management (UK) LLP is a UK limited liability...
July 5, 2026
Re: Ms Z Saiyed v LHR Airports Ltd: 3300526/2024 There is a particular kind of employment case that arrives at the tribunal carrying more than the sum of its factual allegations. Saiyed v LHR Airports Ltd is one of them. Stripped to its bones, it is a discrimination claim by a security...
July 1, 2026
Ms Achbita, a Muslim receptionist at G4S in Belgium, was dismissed for insisting on wearing an Islamic headscarf at work, contrary to the employer’s neutrality rule banning all visible political, philosophical or religious signs. The CJEU held this was not direct discrimination but could amount to indirect discrimination. Facts Ms...
July 1, 2026
Mr Nicholson claimed he was dismissed by Grainger plc partly due to his philosophical belief in man-made climate change. The EAT held such a belief, if genuinely held, was capable of qualifying as a philosophical belief under the 2003 Religion or Belief Regulations. Facts The Respondent, Mr Nicholson, was employed...
July 1, 2026
Ms Ahmed, of northern Sudanese origin, was denied promotion to Amnesty's Sudan researcher post due to impartiality and safety concerns linked to her ethnicity. The EAT upheld direct race discrimination but overturned the constructive unfair dismissal finding. Facts The Claimant, Ms Bashair Ahmed, was born in 1979 to Sudanese parents...
July 1, 2026
A husband promised his wife annual maintenance but never paid. After divorce, she sued to enforce the promise, relying on promissory estoppel. The Court of Appeal held estoppel is a shield, not a sword, and cannot create a cause of action. Facts Mr and Mrs Combe were a married couple....
July 1, 2026
Payzu contracted to buy silk from Saunders by instalments. After a late payment, Saunders refused further deliveries on credit but offered cash terms. Payzu refused and sued. The court held Payzu should have mitigated by accepting the offer. Facts By a written contract dated 9 November 1917, the defendant, a...
July 1, 2026
A court-appointed receiver managed companies under a POCA order later quashed on appeal. The Supreme Court held taking the companies' assets to pay his £772,547 costs would breach A1P1, but the CPS was liable in unjust enrichment for failure of consideration. Facts The appellant, a former partner in a well-known...
July 1, 2026
Deutsche Bahn and others brought follow-on damages claims against Morgan, a whistle-blowing cartel member who did not appeal the Commission's infringement decision. The Supreme Court held the claims time-barred, ruling that appeals by other addressees did not affect the limitation period against a non-appealing addressee. Facts Morgan Advanced Materials plc...
July 1, 2026
Mr O'Brien breached a POCA restraint order and fled to the USA. After extradition to the UK for fraud charges, he was committed for contempt. The Supreme Court held that such contempt is civil, not criminal, and specialty protections did not apply. Facts The appellant, Mr O’Brien, was under investigation...
July 1, 2026
Major Cox was killed by a negligent driver in Germany. His widow sued the German insurer in England, seeking to apply the Fatal Accidents Act 1976. The Supreme Court held German law governed damages, and the Act's provisions did not apply. Facts On 21 May 2004, Major Christopher Cox, a...
July 1, 2026
Mr Durkin bought a laptop from PC World funded by an HFC credit agreement, but rejected it the next day. HFC recorded him as in default, damaging his credit. The Supreme Court held he had validly rescinded the credit agreement and awarded £8,000 damages. Facts On 28 December 1998, Mr...
July 1, 2026
Ms Dunhill suffered a severe head injury in a road accident and settled her personal injury claim for £12,500, a gross undervaluation. The Supreme Court held she lacked capacity to conduct the proceedings, set aside the consent order, and required court approval under CPR 21.10. Facts On 25 June 1999,...
July 1, 2026
The Supreme Court held that on an inter partes application for a production order under section 9 and schedule 1 of PACE 1984, the court cannot receive evidence from the police ex parte which is withheld from the respondent journalist. The Commissioner's appeal was dismissed. Facts In March 2011, two...
July 1, 2026
Med Hotels marketed hotel accommodation online. HMRC assessed it for VAT as a principal under TOMS. The Supreme Court held Med acted as an agent (intermediary) for hoteliers under the contractual documentation, so TOMS did not apply and the appeal was allowed. Facts Secret Hotels2 Ltd (formerly Med Hotels Ltd,...
July 1, 2026
Mr Stott, a paralysed wheelchair user, suffered humiliating treatment on a Thomas Cook flight when not seated with his wife. The Supreme Court held that article 29 of the Montreal Convention precluded damages for injury to feelings under the UK Disability Regulations. Facts Mr Christopher Stott, paralysed from the shoulders...
July 1, 2026
Forde and McHugh Ltd transferred cash and Treasury Stock to a Funded Unapproved Retirement Benefits Scheme trust for a director's benefit. The Supreme Court held this was not a payment of 'earnings' under section 6(1) of the Social Security Contributions and Benefits Act 1992, as the director only held a...
August 5, 2026
National Case Law Archive
August 5, 2026
National Case Law Archive
August 5, 2026
National Case Law Archive