September 2, 2025
Following an explosion and fire on the container ship MSC Flaminia caused by dangerous cargo, the shipowner sought damages from the charterer. The Supreme Court considered whether the charterer could limit its liability under the 1976 Convention on Limitation of Liability for Maritime Claims in respect of various costs incurred...
September 2, 2025
The respondent was convicted of murder on retrial after the Court of Appeal quashed his original conviction. However, he was never arraigned on the fresh indictment as required by section 8(1) of the Criminal Appeal Act 1968. The Supreme Court held that failure to comply with procedural requirements in section...
September 2, 2025
A homeless family with a son with autism was provided four-bedroom interim accommodation by Glasgow City Council, despite an assessment recommending five bedrooms for permanent housing. The Supreme Court held that the interim duty only requires local authorities to 'take into account' household needs, not to meet all needs. The...
September 2, 2025
For Women Scotland challenged Scottish Government guidance on the Gender Representation on Public Boards Act 2018. The Supreme Court held that 'sex' in the Equality Act 2010 means biological sex only, not certificated sex obtained through a Gender Recognition Certificate. Trans women with GRCs are therefore not 'women' for EA...
September 2, 2025
Parents of gravely ill children who died sought discharge of injunctions protecting clinicians' identities after end-of-life treatment disputes. The Supreme Court held that while courts can grant such injunctions under parens patriae powers during proceedings, continuation after death requires clinicians to assert their own rights rather than NHS trusts doing...
September 2, 2025
The Spitalfields Historic Building Trust challenged a planning permission granted for the Old Truman Brewery development, arguing the Council's standing orders unlawfully restricted councillors from voting. The Supreme Court held that local authorities have power under paragraph 42 of Schedule 12 to the Local Government Act 1972 to make standing...
September 2, 2025
The appellants, former fiduciaries of the respondents, exploited a business opportunity obtained through their fiduciary positions to provide recovery services after resigning. The Supreme Court upheld the requirement to account for all profits made, rejecting arguments that a 'but for' causation test should apply to reduce accountability. The case affirms...
September 2, 2025
A former embassy employee brought discrimination and harassment claims against Saudi Arabia. The Supreme Court held that courts must consider State immunity even when the State fails to appear, but found the employee's administrative role was not sufficiently connected to governmental functions to warrant immunity. Facts Mrs Antoinette Costantine, a...
September 2, 2025
JR123, convicted of arson in 1980 and sentenced to five years imprisonment, challenged the Rehabilitation of Offenders (Northern Ireland) Order 1978 as incompatible with Article 8 ECHR. He argued the Order should provide individualised review mechanisms for serious offenders to have convictions treated as spent. The Supreme Court dismissed the...
September 2, 2025
Royal Bank of Canada received payments linked to North Sea oil extraction under an assignment from Sulpetro. HMRC sought to tax these payments under the UK/Canada Double Taxation Convention as income from immovable property. The Supreme Court held the payments did not constitute 'consideration for the right to work' natural...
September 2, 2025
The appellant subscribed for shares in Zavarco but did not pay cash, claiming shares in another company sufficed. Zavarco obtained a declaratory judgment that shares were unpaid and later sued for the £36 million debt. The Supreme Court held that the doctrine of merger does not apply to declaratory judgments,...
September 2, 2025
The Secretary of State deprived E3 and N3 of British citizenship on national security grounds, claiming they retained Bangladeshi citizenship. After SIAC determined they would be rendered stateless (contrary to section 40(4) of the British Nationality Act 1981), the Supreme Court held that while deprivation orders remained valid for immigration...
September 2, 2025
Mr El-Khouri, a UK/Lebanese national, faced US extradition for alleged insider dealing. The Supreme Court ruled the conduct occurred outside the US, requiring the stricter double criminality test under section 137(4) of the Extradition Act 2003, which was not satisfied. His extradition was refused. Facts Mr El-Khouri, a dual UK/Lebanese...
September 2, 2025
The Bank sought to enforce Abu Dhabi judgments against Mr El-Husseini by claiming under section 423 of the Insolvency Act 1986 that he arranged for a company he owned to transfer valuable London property to his son for no consideration. The Supreme Court held that section 423 does not require...
September 2, 2025
The Ridleys sought registration of disputed land adjacent to their property based on adverse possession. The key issue was whether reasonable belief of ownership must persist until the application date or merely for ten years within the adverse possession period. The Supreme Court held the latter construction applies, restoring the...
September 2, 2025
A father applied for habeas corpus seeking release of his children from foster care under a care order. The Supreme Court held that children in ordinary foster placements are not detained, and habeas corpus cannot be used to challenge care orders where statutory appeal or discharge procedures exist as suitable...
September 1, 2025
Wimpey sought to rescind a land purchase contract by invoking a contractual clause regarding compulsory acquisition. The purported rescission was held unjustified as the compulsory purchase procedure had begun before the contract date. The House of Lords held this did not constitute repudiation as Wimpey had genuinely, though mistakenly, believed...
September 1, 2025
Kenyan coffee sellers contracted with Tanzanian buyers for payment in Kenyan shillings. A letter of credit was issued in sterling, which the sellers accepted and used for payment. After sterling devaluation, sellers claimed the difference. The Court held that by accepting the sterling credit, sellers had waived their right to...
September 1, 2025
A carpenter agreed to carry out carpentry work for building contractors at a price that proved too low. When the carpenter encountered financial difficulties, the contractors promised to pay an additional sum to ensure completion and avoid penalties under their main contract. The court held this promise was enforceable as...
September 1, 2025
The plaintiff gave information leading to the conviction of murderers after being severely beaten and fearing death. Despite her motive being conscience rather than the advertised £20 reward, the court held she was entitled to recover as she had fulfilled the conditions of the offer. Facts Walter Carwardine was murdered...
September 1, 2025
A property developer purchased land from a council for over £5 million. After completion, a private sewer easement was discovered crossing the site. The developer sought to rescind the contract on grounds of misrepresentation and mistake. The Court of Appeal held that contractual conditions allocated the risk of unknown easements...
September 1, 2025
A newsagent was injured when the saddle of a hired bicycle, supplied as a replacement under a hire agreement, tilted forward causing him to fall. The Court of Appeal held that an exemption clause protecting against contractual liability did not extend to liability for negligence, establishing important principles on construing...
September 1, 2025
An advertising company continued to display unwanted advertisements after the customer repudiated the contract on the same day it was signed. The House of Lords held (3-2) that the innocent party could elect to perform the contract and claim the contract price rather than accept repudiation and sue for damages....
September 1, 2025
Wertheim contracted to purchase 3,000 tons of wood pulp from Chicoutimi Pulp Company for delivery between September and November 1900. Delivery was delayed until June 1901. The Privy Council held that damages for late delivery should reflect actual loss sustained, not the theoretical market price difference, as Wertheim had resold...
September 1, 2025
Mr and Mrs Watts purchased a country house relying on a negligent survey report that failed to identify significant defects. The Court of Appeal held that damages for negligent survey should be measured by diminution in value, not cost of repairs, and that damages for distress are limited to physical...
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive