May 20, 2026
The Capesize bulk carrier Ocean Victory was lost attempting to leave Kashima during a severe storm. Her insurers, as assignees, sued charterers for breach of safe port warranty. The Supreme Court held the storm was an abnormal occurrence, not unsafety. Facts The Ocean Victory, a Capesize bulk carrier, was demise...
May 20, 2026
The Nuclear Decommissioning Authority wrongly awarded a Magnox decommissioning contract to CFP rather than the RSS consortium including ATK. The Supreme Court held damages under the Public Contracts Regulations 2006 require a 'sufficiently serious' breach, mirroring Francovich conditions, but rejected NDA's mitigation argument. Facts The Nuclear Decommissioning Authority (NDA), a...
May 20, 2026
Three newspaper publishers challenged costs orders requiring them to pay claimants' success fees and ATE premiums under the 1999 Act regime, arguing infringement of article 10 rights. The Supreme Court dismissed all three appeals, holding claimants' accrued rights and legitimate expectations prevailed. Facts Three conjoined appeals concerned costs orders made...
May 20, 2026
Swynson lent £15m to EMSL based on negligent due diligence by HMT accountants. Mr Hunt later personally funded EMSL's repayment of the loan. The Supreme Court held HMT escaped liability as Swynson's loss was extinguished by repayment, rejecting arguments based on res inter alios acta, transferred loss, and unjust enrichment....
May 20, 2026
Mr McCann, a long-term detained patient at the State Hospital Carstairs, challenged a comprehensive smoking ban including its grounds. The Supreme Court held the prohibition on possession, search and confiscation of tobacco was unlawful for non-compliance with the Mental Health (Care and Treatment) (Scotland) Act 2003, but the smoking ban...
May 20, 2026
A Somali refugee charged under the Identity Cards Act 2006 for using a false passport claimed the CPS's decision to prosecute breached her Article 8 rights. The Supreme Court dismissed her appeal, holding that prosecuting Convention-compliant offences does not engage Article 8. Facts The appellant, born in Somalia in 1991...
May 20, 2026
Investment trust companies paid VAT on investment management services which were later found to be exempt under EU law. They sought restitution directly from HMRC for amounts their managers could not reclaim. The Supreme Court held no direct claim lay against HMRC. Facts The claimants were investment trust companies (ITCs)...
May 20, 2026
A father took his daughter on holiday during term time despite the head teacher's refusal. He was prosecuted under section 444(1) of the Education Act 1996 for failing to ensure regular school attendance. The Supreme Court held 'regularly' means 'in accordance with the rules prescribed by the school'. Facts The...
May 20, 2026
The Supreme Court considered two conjoined appeals concerning indirect discrimination under section 19 of the Equality Act 2010. It held that claimants need not prove why a provision, criterion or practice disadvantages a protected group, only that it does. Essop's appeal was allowed; Naeem's was dismissed. Facts Two conjoined appeals...
May 20, 2026
VWFS provided hire purchase finance for Volkswagen vehicles. The dispute concerned whether residual input VAT on general overheads could be partially attributed to taxable vehicle supplies. The Supreme Court dismissed HMRC's secondary ground on apportionment, referring the main issue to the CJEU. Facts Volkswagen Financial Services (UK) Ltd (“VWFS”), part...
May 20, 2026
The Supreme Court held that section 39(2)(a)(i) of the Sexual Offences (Scotland) Act 2009, which removed the reasonable belief as to age defence from anyone previously charged by police with a relevant sexual offence, was incompatible with article 8 ECHR where the prior charge gave no warning about consensual sexual...
May 20, 2026
Capita purchased an insurance broker from Mr Wood and later discovered mis-selling. Following self-reporting to the FSA, Capita sought to claim under an indemnity clause in the share purchase agreement. The Supreme Court held the indemnity required a customer claim or complaint and dismissed Capita's appeal. Facts By a share...
May 20, 2026
Following Mrs Plevin's successful PPI mis-selling claim, the Supreme Court considered whether her solicitors' success fee and ATE insurance premium remained recoverable after LASPO 2012, where the CFA and policy had been varied to cover appeals post-commencement. The court held they were recoverable. Facts Mrs Plevin had successfully appealed to...
May 20, 2026
MN, a profoundly disabled young man, was cared for in a residential home funded by the CCG. His parents sought home visits and the mother's involvement in intimate care, which the CCG and care providers refused. The Supreme Court held the Court of Protection could not compel funders or providers...
May 20, 2026
Mr Gabriel lent £200,000 to a friend for a property development, believing the funds would finance construction. His solicitors negligently failed to correct documentation suggesting this, when in fact the money was to repay the borrower's bank debt. The Supreme Court clarified the SAAMCO principle, holding the solicitors not liable...
May 20, 2026
The appellant, convicted of rape in 2002 based partly on admissions made during a police interview without legal representation, sought to have his case referred back to the High Court following Cadder. The Supreme Court upheld the Commission's refusal, finding it properly considered the interests of justice and finality. Facts...
May 20, 2026
Mr Macris, JP Morgan's former International Chief Investment Officer, challenged the FCA for publishing notices penalising the bank that referred to 'CIO London management' without giving him a chance to respond. The Supreme Court held he was not 'identified' under section 393. Facts Mr Achilles Macris was JP Morgan Chase...
May 20, 2026
Investors in failed Turkish and Moroccan property developments sued solicitors for releasing escrow funds without adequate security. The Supreme Court interpreted the aggregation clause in solicitors' professional indemnity insurance, holding claims by each development's investors could be aggregated, but not across both developments. Facts Two now-defunct firms of solicitors devised...
May 20, 2026
NNPC challenged enforcement of a Nigerian arbitration award in England, alleging fraud. The Court of Appeal had ordered NNPC to provide a further USD 100m security as a condition of having its section 103(3) challenge determined. The Supreme Court allowed NNPC's appeal, holding this exceeded the court's jurisdiction. Facts IPCO...
May 20, 2026
The Supreme Court allowed appeals by parents with learning difficulties against a permanence order granting authority to adopt their daughter. The Lord Ordinary had failed to apply the statutory threshold test in section 84(5)(c)(ii) of the 2007 Act, instead assessing whether the local authority's concerns were justified. Facts The case...
May 20, 2026
SJJM owned offices undergoing extensive redevelopment on the material day. They sought to reduce the rateable value to £1. The Supreme Court held the reality principle applied: premises under genuine redevelopment should be rated as such, not as if in reasonable repair as offices. Facts SJJM owned the freehold of...
May 20, 2026
AMTF, a London broker, sued German lawyers MMGR in England for inducing former clients to breach exclusive English jurisdiction clauses by suing AMTF in Germany. The Supreme Court held English courts lacked jurisdiction under article 5.3, as the harm occurred in Germany. Facts AMT Futures Ltd (AMTF), a London-based execution-only...
May 20, 2026
The Supreme Court considered compensation for compulsory acquisition of grazing land within the Kingsway Business Park scheme. It restored the Upper Tribunal's £746,000 award, holding that the tribunal had correctly applied the no-scheme rule and planning assumptions under the Land Compensation Act 1961. Facts The appellant claimants owned 26.85 acres...
May 20, 2026
Two foreign nationals who overstayed their visas and formed relationships with British citizens were refused leave to remain. The Supreme Court dismissed their appeals, upholding the 'insurmountable obstacles' and 'exceptional circumstances' tests in the Immigration Rules as compatible with Article 8 ECHR. Facts The appeals concerned two foreign nationals residing...
May 20, 2026
The Supreme Court considered challenges to the Minimum Income Requirement in the Immigration Rules, requiring UK sponsors to earn at least £18,600 to bring non-EEA partners into the UK. The Court upheld the MIR in principle but found the rules and guidance unlawful regarding children's welfare and alternative funding sources....
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive