March 24, 2026
Mr Hastings received a MITCH-Accolade metal-on-metal hip replacement in 2009, requiring revision surgery in 2012. He claimed the prosthesis was defective under the Consumer Protection Act 1987. The Supreme Court dismissed his appeal, finding he failed to prove the product was defective as statistical evidence did not establish survivorship rates...
March 24, 2026
Three appeals concerning the Electronic Communications Code and whether operators with existing apparatus on sites could apply for new code rights. The Supreme Court held that an operator with apparatus installed is not automatically the 'occupier' for purposes of paragraph 9, allowing applications for additional code rights under Part 4....
March 24, 2026
Care orders were made to remove three children from their mother due to risk of sexual harm from her adult son. The Supreme Court held the judge failed to conduct a proper proportionality analysis comparing available options, including less interventionist measures, against the harm of removal. The case was remitted...
March 24, 2026
AIC sought to enforce a Nigerian arbitration award in England. FAAN failed to provide a required bank guarantee on time, leading to an enforcement order. When the guarantee arrived hours later, the judge set aside the enforcement order. The Supreme Court clarified principles for reopening judgments before sealing, emphasising the...
March 24, 2026
SC, a Jamaican national, faced deportation as a foreign criminal. He argued deportation would breach his Article 3 ECHR rights due to risk of persecution in Jamaica linked to his mother's sexuality. The Supreme Court held that a person's criminality cannot make otherwise unreasonable internal relocation reasonable, and reinstated the...
March 24, 2026
Flynn Pharma and Pfizer successfully appealed to the CAT against a CMA decision finding they had abused dominant positions by charging excessive prices for epilepsy drug phenytoin sodium. The CAT ordered the CMA to pay a proportion of the appellants' costs. The Court of Appeal reversed this, applying a 'no...
March 24, 2026
The appellant pleaded guilty to aggravated burglary and related offences but challenged the reduced sentencing discount applied because he failed to admit guilt at police interview and was caught red-handed. The Supreme Court upheld the sentencing approach, confirming that Northern Ireland's sentencing guidelines requiring early admissions and reducing discounts for...
March 24, 2026
Zipvit sought to deduct input VAT on Royal Mail postal services which both parties mistakenly believed were exempt. The Supreme Court, following a CJEU reference, held VAT could not be regarded as ‘due or paid’ where no VAT had been charged or passed on. Facts Zipvit Ltd, a mail order...
March 24, 2026
Mr Coughlan challenged pilot orders requiring voter identification at local elections, arguing they exceeded ministerial powers under the Representation of the People Act 2000. The Supreme Court held that voter identification schemes fell within the statutory phrase 'how voting at the elections is to take place' and dismissed the appeal....
March 24, 2026
A tax-exempt pension fund trustee claimed repayment of manufactured overseas dividend withholding tax (MOD WHT), arguing the UK tax regime for stock lending of overseas shares restricted free movement of capital contrary to EU law. The Supreme Court held there was no breach of Article 63 TFEU and the remedy...
March 24, 2026
Two subsidiary companies claimed corporation tax deductions for accounting debits arising from share options granted to their employees by the parent company's employee benefit trust. HMRC contested the deductions. The Supreme Court held the debits were deductible trading expenses calculated in accordance with generally accepted accounting practice. Facts NCL Investments...
March 24, 2026
Bott & Co, solicitors claiming flight delay compensation for clients from Ryanair, sought to establish an equitable lien over compensation payments. Ryanair began paying clients directly, bypassing the solicitors. The Supreme Court held (3-2) that solicitors have an equitable lien where they provide services making a claim asserting a legal...
March 24, 2026
A local authority sought possession of a flexible secure tenancy property during the fixed term without seeking forfeiture. The Supreme Court held that the statutory secure tenancy regime does not diminish a tenant's contractual security, and landlords must either obtain a termination order in lieu of forfeiture or exercise an...
March 22, 2026
Mr Craig faced extradition to the US for alleged share fraud. The UK Government unlawfully failed to commence forum bar provisions in Scotland, depriving him of a statutory defence. The Supreme Court held that extradition proceedings conducted during this unlawful period were incompatible with his Article 8 rights and therefore...
March 22, 2026
Consensus ad idem – literally translated from Latin as “agreement to the same thing” – is a foundational prerequisite for an enforceable contract. It captures the intuitive requirement that, for a valid and binding agreement to exist, all parties must comprehend and assent to the essential terms and subject matter...
March 22, 2026
Mr Parker deposited a bag at Charing Cross railway station and received a ticket with an exclusion clause on the back limiting liability for items over £10. His bag was lost. The Court of Appeal held that a party is bound by exclusion clauses if given reasonable notice, establishing the...
March 22, 2026
Lessees of holiday chalets challenged the interpretation of service charge provisions requiring payment of £90 annually, increasing by 10% compound each year. The Supreme Court held that despite producing commercially harsh results, the natural meaning of the clause required fixed payments as stated, not a cap on proportionate costs. The...
March 22, 2026
A rogue fraudulently obtained a car using a stolen driving licence to impersonate Mr Patel in a hire-purchase agreement with Shogun Finance. He then sold the car to Mr Hudson, an innocent purchaser. The House of Lords held (3-2) that no contract existed between Shogun and the rogue, so Hudson...
March 22, 2026
Investors who suffered losses from Home Income Plans claimed compensation from the Investors Compensation Scheme, which then sought to recover from building societies as assignees. The House of Lords clarified principles of contractual interpretation, holding that documents must be construed by reference to background knowledge available to parties, not merely...
March 22, 2026
The Parent executed accession deeds intended only to provide missing security over a shareholder loan but inadvertently undertook additional onerous obligations. The Court of Appeal clarified that rectification for common mistake requires proof of actual subjective common intention, not merely an objective assessment, and upheld rectification of the deeds. Facts...
March 22, 2026
Bloomberg published an article containing information from a confidential Letter of Request regarding a criminal investigation into ZXC by a UK law enforcement body. ZXC claimed misuse of private information. The Supreme Court upheld that persons under criminal investigation have, prior to charge, a reasonable expectation of privacy in information...
March 22, 2026
Mr O'Connor faced extradition to Greece but his solicitor failed to serve appeal notice within the seven-day limit. The Supreme Court held that under section 26(5) of the Extradition Act 2003, courts can entertain late appeals where the person themselves did everything reasonably possible, even if their legal representative failed....
March 20, 2026
A child challenged the £1,012 fee for registration as a British citizen under section 1(4) of the British Nationality Act 1981 as ultra vires, arguing it rendered the statutory right to citizenship nugatory for those unable to afford it. The Supreme Court dismissed the appeal, holding Parliament had authorised the...
March 20, 2026
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 requiring no mens rea beyond deliberate carrying, and that this is compatible with Article 10 ECHR. Facts On...
March 20, 2026
The Supreme Court considered whether the right to manage under the Commonhold and Leasehold Reform Act 2002 extends to shared estate facilities used by occupants of multiple buildings. The Court held it does not, overruling Gala Unity. RTM companies can only manage their specific building and exclusively-used facilities. Facts The...
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive