August 25, 2026
Fagan accidentally drove onto a police officer's foot but refused to move when asked. The Divisional Court held this was an assault, treating the act as continuing, so that mens rea formed after the initial act could be superimposed onto the actus reus. Facts On 31 August 1967, the appellant,...
August 25, 2026
K, aged 26, was charged with indecent assault on a 14-year-old girl under section 14(1) of the Sexual Offences Act 1956. He claimed she said she was 16. The House of Lords held that an honest belief the victim was 16 or over was a defence. Facts The appellant, K,...
August 25, 2026
Hong Kong building contractors were charged under the Buildings Ordinance after removing lateral support, deviating from approved plans. The Privy Council held the offences were of strict liability, establishing five principles governing when the presumption of mens rea can be displaced by statute. Facts Gammon (Hong Kong) Ltd, a registered...
August 25, 2026
Ceon Broughton supplied his girlfriend Louella Fletcher Michie with a Class A drug at a festival and failed to obtain medical help as she deteriorated. His manslaughter conviction was quashed because the prosecution's expert evidence could not prove causation to the criminal standard. Facts The appellant, Ceon Broughton, attended the...
August 25, 2026
Megan Lee, aged 15, died after eating a takeaway from Royal Spice containing peanuts, despite her friend noting 'nuts, prawns' when ordering. The owner, unaware of the allergy declaration, was convicted of gross negligence manslaughter but the Court of Appeal quashed the conviction. Facts Mohammed Abdul Kuddus was the sole...
August 25, 2026
An optometrist failed to properly examine a 7-year-old boy's eyes, missing signs of a fatal brain condition. She was convicted of gross negligence manslaughter, but the Court of Appeal quashed the conviction, holding that foreseeability of death must be assessed on knowledge available at the time of breach, not what...
August 25, 2026
Two senior house officers were convicted of gross negligence manslaughter after their patient died from untreated toxic shock syndrome following knee surgery. The Court of Appeal upheld the convictions, confirming that gross negligence manslaughter is sufficiently certain and compatible with the ECHR. Facts Sean Phillips, a healthy 31-year-old man, underwent...
August 25, 2026
David Barton, who ran a luxury care home, and manager Rosemary Booth were convicted of defrauding elderly wealthy residents of millions through manipulation and grooming. The Court of Appeal upheld their convictions and confirmed the Ivey test for dishonesty now replaces Ghosh. Facts David Barton operated Barton Park Nursing Home...
August 25, 2026
A locum surgeon was convicted of deception offences under the Theft Act 1968 for falsely claiming fees. The Court of Appeal dismissed his appeal and established the two-stage test for dishonesty combining objective and subjective elements, later known as the Ghosh test. Facts The appellant, Deb Baran Ghosh, was a...
August 25, 2026
Mr Saik, a bureau de change operator, pleaded guilty to conspiracy to launder money on the basis that he only suspected, rather than knew, the money was criminal proceeds. The House of Lords quashed his conviction, holding suspicion insufficient for statutory conspiracy under section 1(2) of the Criminal Law Act...
August 25, 2026
A 14-year-old girl of low intelligence set fire to a shed without appreciating the serious risk of damage. The magistrates declined to convict her of reckless criminal damage, but the Divisional Court held that it was bound by the House of Lords’ decisions on recklessness to find that the risk...
August 25, 2026
Two defendants threw a non-swimmer off a bridge into a river, where he drowned, after robbing him. They were convicted of murder. The Court of Appeal considered whether the Woollin direction on intention constituted a rule of substantive law, dismissing the appeals. Facts The victim, J, was attacked outside a...
August 25, 2026
Reginald Woolmington was convicted of murdering his wife, claiming the shooting was accidental. The trial judge directed that he had to prove accident. The House of Lords quashed the conviction, holding that the prosecution must always prove guilt beyond reasonable doubt. Facts The appellant, Reginald Woolmington, aged 21½, married his...
August 25, 2026
Percy McDonald was exposed to asbestos dust while visiting Battersea Power Station between 1954 and 1959 to collect pulverised fuel ash, later developing mesothelioma. The Supreme Court held, by majority, that the occupiers breached the Asbestos Industry Regulations 1931, but dismissed the section 47 Factories Act 1937 cross-appeal. Facts Percy...
August 25, 2026
Homeowners in financial difficulty sold their homes to purchasers under sale and rent back schemes, relying on promises they could remain as tenants. The purchasers financed the acquisitions through mortgages that prohibited such tenancies and later defaulted. The Supreme Court held the vendors' rights were merely personal, not proprietary, and...
August 25, 2026
Following the Supreme Court’s earlier decision validating a will mistakenly signed by the wrong spouse, this costs judgment determined that the negligent solicitor’s insurers should bear the costs of both parties throughout, subject to counsel disclaiming CFA success fees. Facts This judgment concerns the allocation of costs following the Supreme...
August 25, 2026
Dr Robertson cancelled a home-removal contract after paying a deposit. The Supreme Court held that a trader's failure to give written notice of the right to cancel under the 2008 Regulations did not deprive the consumer of that right, allowing recovery of the deposit. Facts Dr Robertson, the appellant, sought...
August 25, 2026
Healthcare at Home lost a public tender competition and challenged the process as insufficiently transparent under EU procurement rules. The Supreme Court held that the 'reasonably well-informed and normally diligent tenderer' is a legal fiction assessed objectively by the court, not by witness evidence. Facts The Common Services Agency conducted...
August 25, 2026
Following a fatal explosion at ICL's Glasgow factory in 2004, Morrison's neighbouring shop was damaged. Morrison sued in 2009. The Supreme Court held its claim had prescribed under the five-year period, ruling that time runs from awareness of loss alone, not its cause. Facts On 11 May 2004, a serious...
August 25, 2026
A young Nigerian woman was trafficked to the UK, employed illegally by Mrs Allen as a home help, abused, and violently dismissed. The Supreme Court held the illegality defence did not defeat her race discrimination claim regarding dismissal, restoring her compensation. Facts Miss Hounga, a Nigerian national aged approximately 14...
August 25, 2026
Cedar Capital, acting as agent for FHR in purchasing a Monaco hotel, secretly received a €10m commission from the vendor. The Supreme Court held that bribes and secret commissions received by an agent are held on constructive trust for the principal, giving proprietary remedies. Facts On 22 December 2004, FHR...
August 24, 2026
Lindsay Sandiford, a British national sentenced to death in Indonesia for drug offences, challenged the UK government's blanket policy refusing to fund legal representation for British nationals facing capital charges abroad. The Supreme Court dismissed her appeal but urged reconsideration of her case. Facts The appellant, Lindsay Sandiford, a 57-year-old...
August 24, 2026
The UK Attorney General referred the Agricultural Sector (Wales) Bill to the Supreme Court, questioning whether the Welsh Assembly could legislate on agricultural wages. The Court unanimously held the Bill related to agriculture, a devolved subject, and was within competence. Facts Following the UK Parliament’s abolition of the Agricultural Wages...
August 24, 2026
BT sought to introduce new termination charges for calls to 08 numbers, linked to mobile operators' charges to callers. Ofcom rejected the changes; the Supreme Court held BT had a contractual right to vary charges unless inconsistent with the Framework Directive's Article 8 objectives. Facts British Telecommunications Plc (BT) provides...
August 24, 2026
A liquidator sought to reduce a standard security granted over a hotel, arguing the underlying sale was a gratuitous alienation. The Supreme Court restored the Lord Ordinary's decision, clarifying that appellate courts may only overturn factual findings where the trial judge's decision cannot reasonably be explained or justified. Facts Letham...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive