April 6, 2026
The SFO served a notice under section 2(3) of the Criminal Justice Act 1987 on a US company (KBR, Inc) requiring production of documents held abroad. The Supreme Court held that section 2(3) does not have extra-territorial effect permitting compulsion of foreign companies with no UK presence to produce overseas...
April 6, 2026
The FCA brought a test case concerning whether business interruption insurance policies covered losses caused by COVID-19 and government restrictions. The Supreme Court held that disease clauses, hybrid clauses, and prevention of access clauses did provide cover, and that trends clauses should not reduce indemnities for pandemic-related concurrent causes. Facts...
April 3, 2026
Candey, a law firm, sought to enforce an equitable lien over settlement proceeds recovered in litigation for their insolvent client PHRL. The Supreme Court held Candey had waived its lien by entering into a fixed fee agreement and deed of charge without expressly reserving the lien, despite inconsistencies between the...
April 3, 2026
Stanford International Bank, operated as a Ponzi scheme, claimed HSBC breached its Quincecare duty by making payments to customers when it should have frozen accounts. The Supreme Court held that paying valid debts does not cause loss to a company, as liabilities were reduced correspondingly, and struck out the claim....
April 3, 2026
A developer challenged whether a planning condition required dedication of access roads as public highways. The Supreme Court held that planning authorities cannot impose such requirements via conditions, as this would circumvent compensation rights. The condition in question addressed construction standards, not dedication. Facts The development site formed part of...
April 3, 2026
The Attorney General for Northern Ireland referred a question to the Supreme Court regarding whether clause 5(2)(a) of the Abortion Services (Safe Access Zones) Bill, which criminalises acts intended to influence persons accessing abortion services within designated zones, was outside the Assembly's legislative competence as disproportionately interfering with protesters' Convention...
April 3, 2026
The Lord Advocate referred to the Supreme Court the question whether the Scottish Parliament had power to legislate for a referendum on Scottish independence. The Court held it did not, as such legislation would relate to reserved matters under the Scotland Act 1998, specifically the Union of Scotland and England...
April 3, 2026
A developer sought to rely on a 1967 planning permission for 401 dwellings despite having built houses under subsequent inconsistent permissions. The Supreme Court held that where development materially departs from an approved scheme under independent permissions, the original permission becomes incapable of further implementation due to physical impossibility. Facts...
April 3, 2026
A child born at a German hospital to a British Army family suffered brain injury allegedly due to negligence. The defendants sought contribution from the hospital under the Civil Liability (Contribution) Act 1978. The Supreme Court held the Act does not have overriding effect and applies only when English choice...
April 3, 2026
NHS Lothian claimed recovery of historic VAT input tax from 1974-1997 on laboratory services, relying on extrapolation from recent years. The Supreme Court allowed HMRC's appeal, holding the taxpayer must prove the amount of input tax incurred, not merely that some was paid. The principle of effectiveness does not require...
April 3, 2026
A son worked on his parents' farm for over 30 years at low wages, relying on promises that he would inherit a substantial share. After a family breakdown, he was disinherited and brought a proprietary estoppel claim. The Supreme Court clarified that the remedy aims to prevent detriment from reliance...
April 3, 2026
DCM, an optical business, challenged HMRC's VAT assessment on time-bar grounds and disputed HMRC's power to reduce claimed VAT credits without formal assessment. The Supreme Court held the assessment was not time-barred and confirmed HMRC has implied power to verify and refuse unjustified VAT credit claims. Facts DCM (Optical Holdings)...
April 3, 2026
AWA Ltd paid a dividend to its parent company Sequana SA when solvent but facing a real risk of future insolvency due to uncertain environmental liabilities. The Supreme Court held that directors have a duty to consider creditor interests when a company is insolvent or bordering on insolvency, but not...
April 3, 2026
Andrewes obtained senior positions at a hospice and NHS trusts through CV fraud, lying about qualifications and experience. He performed his roles satisfactorily for over 10 years. The Supreme Court established that in CV fraud cases, confiscation should be limited to the profit gained—the difference between fraudulently obtained earnings and...
April 3, 2026
The Supreme Court considered whether section 41(4) of the Proceeds of Crime Act 2002 precludes exceptions to restraint orders for legal expenses in civil proceedings founded on similar facts to the criminal offence. The Court held such expenses are not precluded, as they do not 'relate to' the criminal offence....
April 3, 2026
Three conjoined appeals concerning deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002. The Supreme Court clarified the 'unduly harsh' test for Exception 2 and the 'very compelling circumstances' test, rejecting a notional comparator approach and endorsing the MK self-direction requiring an elevated threshold...
April 2, 2026
Negligence is the dominant tort in English law. It provides the principal mechanism by which one party may recover compensation from another for loss caused by careless conduct. In its modern form, negligence requires the claimant to establish four elements: that the defendant owed a duty of care, that the...
April 2, 2026
Economic duress is the doctrine by which English law permits a party to avoid a contract, or recover money paid, where that party’s consent was obtained by illegitimate economic pressure rather than by physical threats or coercion of the person. It occupies a critical position at the intersection of contract,...
April 2, 2026
The Paos sold their company shares to Fu Chip, receiving Fu Chip shares as payment with restrictions on selling. They later demanded a guarantee from the Laus against share price falls, threatening not to complete unless given. The Privy Council held valid consideration existed and rejected the economic duress defence,...
April 2, 2026
Times Travel, a travel agent reliant on PIAC for airline tickets, was pressured into signing a new contract waiving claims for unpaid commission. The Supreme Court held that lawful act economic duress requires a 'bad faith demand' – the threatening party must not genuinely believe in its legal entitlement. As...
April 2, 2026
Two claimants, HXA and YXA, who suffered childhood abuse by parents or their partners, claimed local authorities owed them a common law duty of care to protect them from harm. The Supreme Court held that applying N v Poole, no assumption of responsibility arose from the authorities' statutory functions, and...
April 2, 2026
SICL's trustee transferred shares to Samba in breach of trust. Under Saudi Arabian law, the registration extinguished SICL's equitable interest. The Supreme Court held that a claim in knowing receipt requires the claimant to retain a continuing equitable proprietary interest at the time of the defendant's receipt, which was destroyed...
April 2, 2026
Abu Zubaydah, detained by the CIA and allegedly tortured at secret 'black sites' in six countries, sued UK security services for sending interrogation questions knowing torture would occur. The Supreme Court held English law applies under section 12 of the Private International Law (Miscellaneous Provisions) Act 1995, displacing the general...
April 2, 2026
Dr Thaler sought patents for inventions allegedly created autonomously by DABUS, an AI machine. He claimed entitlement through ownership of the machine. The Supreme Court unanimously dismissed his appeal, holding that under the Patents Act 1977, an inventor must be a natural person, and ownership of an AI machine does...
April 2, 2026
Mr Griffiths contracted gastroenteritis during a package holiday in Turkey. His expert witness opined the illness was caused by hotel food. The defendant did not cross-examine the expert but criticised the report in closing submissions. The Supreme Court held this was unfair and allowed the appeal, establishing that expert evidence...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive