December 26, 2025
A German company challenged turnover equalization tax rates on imports. The Court clarified that its preliminary rulings bind national courts, but those courts may make further references if needed. The case interpreted Article 97 EEC Treaty regarding average tax rates for imported products. Facts Milch-, Fett- und Eierkontor GmbH, a...
December 26, 2025
Tenants claimed damages for conspiracy by unlawful means after their landlord sold property without serving required notice under the Landlord and Tenant Act 1987. The court struck out the claim, holding that breach of the Act did not support an action for conspiracy where the breach was not independently actionable....
December 26, 2025
Police officers accompanied Mrs McLeod's ex-husband to collect property from her home following divorce proceedings. Mrs McLeod sued the police for trespass, arguing they had no right to enter. The Court of Appeal held police may enter private premises to prevent an anticipated breach of the peace. Facts Mrs Sally...
December 26, 2025
The plaintiff, on board the support vessel Tharos during the Piper Alpha oil rig disaster, claimed psychiatric injury from witnessing the catastrophe. The Court of Appeal held he was not owed a duty of care as he was neither in actual danger, a rescuer, nor had sufficient proximity as a...
December 26, 2025
Miss Marshall was dismissed at age 62 solely because she had reached the state pension age for women, which differed from that for men. The ECJ held this constituted sex discrimination under Directive 76/207, and that directives could be directly invoked against state authorities acting as employers. Facts Miss M....
December 26, 2025
Marleasing sought nullity of La Comercial's incorporation, claiming it was a sham to defraud creditors. The ECJ ruled national courts must interpret domestic law consistently with EU directives, even unimplemented ones, to achieve directive purposes. This established the principle of indirect effect of directives. Facts Marleasing SA brought proceedings against...
December 26, 2025
A Sikh boy was refused admission to a private school because he would not remove his turban to comply with uniform rules. The House of Lords held that Sikhs constitute an 'ethnic group' under the Race Relations Act 1976, and the school's rule amounted to unlawful indirect discrimination. Facts The...
December 26, 2025
The House of Lords established that its own previous decisions on points of law are binding and conclusive, preventing the same legal question from being re-argued. This case established the doctrine of stare decisis at the highest appellate level, ensuring finality in litigation. Facts The London Tramways Company Limited appealed...
December 20, 2025
Mr Ladd claimed he paid £1,000 cash 'under the counter' to Mr Marshall for property but Marshall denied receiving it. After losing at trial, Ladd sought to appeal using fresh evidence from Marshall's ex-wife who now claimed she lied at trial. The Court of Appeal refused, establishing the three-part test...
December 20, 2025
Kleinwort Benson sought to recover payments made to local authorities under interest rate swap agreements declared void in Hazell. The House of Lords, by majority, abolished the mistake of law rule, allowing recovery of payments made under a mistaken view of settled law subsequently overturned by judicial decision. Facts Kleinwort...
December 20, 2025
A young woman sought an injunction against a former friend who persistently harassed her through telephone calls, threats, and pestering behaviour. The Court of Appeal upheld the injunction, extending the tort of private nuisance to protect a person lawfully present in property from harassing telephone calls, regardless of proprietary interest....
December 20, 2025
One thousand cases of whisky intended for export to Iran were stolen whilst in the carrier's custody in England. The plaintiffs had to pay £30,000 excise duty to HMRC as a consequence. The Court of Appeal held the carrier liable for the full loss including the excise duty, interpreting the...
December 20, 2025
Three local authorities jointly funded and operated a leisure complex under a 1977 agreement. Newport sought to withdraw, claiming the agreement was terminable on reasonable notice. The Court of Appeal held the agreement was not terminable without consent, as the parties intended it to last for the facility's lifetime. Facts...
December 20, 2025
A German company challenged EU regulations requiring export licence deposits as contrary to German constitutional rights. The Court of Justice ruled that Community law validity cannot be judged by national constitutional standards, but fundamental rights form part of Community law's general principles. Facts Internationale Handelsgesellschaft mbH, a company registered in...
December 20, 2025
Dispute arose whether an appeal to the Court of Appeal was permitted from a High Court decision under section 9 of the Arbitration Act 1996 regarding a stay of proceedings. The House of Lords held that despite a drafting error in section 18(1)(g) of the Supreme Court Act 1981, the...
December 20, 2025
French champagne producers sought to prevent English cider makers from using 'Champagne Cider' and 'Champagne Perry' labels. The case established important guidelines on when English courts should refer questions of European Community law interpretation to the European Court of Justice under Article 177 of the Treaty of Rome. Facts French...
December 20, 2025
A dispute over the validity of a lease made by a dissolved college. The Exchequer Court established the famous 'mischief rule' for statutory interpretation, requiring courts to consider the common law, the mischief Parliament sought to remedy, and the remedy provided, to suppress the mischief and advance the remedy. Facts...
December 20, 2025
A taxpayer appealed against income tax assessments but transmitted his Case Stated to the High Court eight days late. The Court of Appeal held that the 30-day time limit in Section 56(4) of the Taxes Management Act 1970 was mandatory, and failure to comply deprived the Court of jurisdiction to...
December 20, 2025
A prisoner was refused permission by the Home Secretary to consult a solicitor about bringing a libel action against a prison officer. The European Court of Human Rights held this violated Article 6(1), establishing that the right to a fair trial includes a right of access to the courts, and...
December 20, 2025
Italian employees sought unpaid wages after their employers became insolvent. Italy had failed to implement EU Directive 80/987 protecting employees in insolvency cases. The Court established that Member States must compensate individuals for losses caused by failure to implement directives, creating the principle of state liability. Facts Andrea Francovich had...
December 20, 2025
Mr Fothergill's suitcase was damaged during an international flight and some contents were missing. He reported the damage but not the loss of contents within seven days. The House of Lords held that 'damage' in Article 26(2) of the Warsaw Convention includes partial loss of contents, requiring timely complaint. Facts...
December 20, 2025
Mrs Farrell paid £4,000 for fixtures and fittings to obtain a flat tenancy, but the amount exceeded their true value. The existing tenant surrendered her lease so the landlord could grant a new tenancy to Mrs Farrell. The House of Lords held that section 85 of the Rent Act 1968...
December 20, 2025
John Entick, suspected of authoring seditious papers, had his home searched and papers seized by King's messengers acting under a general warrant issued by the Secretary of State. The Court held such warrants illegal, establishing that executive power cannot authorise entry to private property without specific legal authority. Facts John...
December 20, 2025
Ealing Council refused to place Mr Zesko, a Polish national, on their housing waiting list because he was not a British subject. The House of Lords held that discrimination based on present nationality was not the same as discrimination on 'national origins' under the Race Relations Act 1968, and thus...
December 20, 2025
Miss Fox lived with Mr Wright as his wife for 21 years without marrying. After his death in 1961, the landlord sought possession, arguing she was not a 'member of the tenant's family' under the Rent Acts. The Court of Appeal held that changing social attitudes meant an unmarried partner...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive