June 23, 2026
PH, a severely disabled adult lacking capacity, had lived with foster parents in South Gloucestershire from age four after being placed there by Wiltshire under the Children Act 1989. The Supreme Court held that Wiltshire, the placing authority, remained responsible for his care upon reaching majority. Facts PH was born...
June 23, 2026
Childcare voucher providers challenged HM Treasury's decision to use NS&I (and its outsourcing contractor Atos) to deliver Tax-free Childcare, alleging breach of EU procurement law. The Supreme Court dismissed the appeal, holding the proposed contract modification was not substantial. Facts HM Treasury (HMT) decided on 29 July 2014 to use...
June 23, 2026
Mr Anson, a UK resident non-domiciled taxpayer, was a member of a Delaware LLC and paid US tax on his share of its profits. The Supreme Court held he was entitled to double taxation relief because UK and US taxes were computed by reference to the same income. Facts The...
June 23, 2026
Sellers prematurely cancelled a wheat sale contract citing a Russian export ban that had not yet taken effect. Buyers accepted the repudiation and claimed substantial damages under GAFTA 49's default clause. The Supreme Court held that the compensatory principle in The Golden Victory applied, and as the ban would have...
June 23, 2026
A 14-year-old's photograph was published by police in local newspapers as part of Operation Exposure to identify rioters involved in sectarian violence in Derry. The Supreme Court unanimously dismissed his article 8 challenge, with judges divided on engagement but agreeing on justification. Facts The appellant, born 16 July 1996, was...
June 23, 2026
Criminal barristers challenged the Legal Services Board's approval of the Quality Assurance Scheme for Advocates (QASA), which required judicial assessment of advocates. The Supreme Court dismissed the appeal, holding that even if the scheme was an authorisation scheme under EU law, it was proportionate and justified. Facts The Legal Services...
June 23, 2026
Four Afghan unaccompanied minors challenged the rejection of their asylum claims, arguing that section 83 NIAA breached the right to an effective remedy and that the Home Secretary's failure to trace their families vitiated the decisions. The Supreme Court dismissed the appeals. Facts The four appellants (TN, MA and AA)...
June 23, 2026
Mr Gabriel's solicitors were found negligent over a £200,000 loan transaction, but the Court of Appeal reduced damages to nominal £2 and ordered costs against him. After his bankruptcy, his trustee sought a ruling on personal costs liability if adopting the pending Supreme Court appeal. Facts Mr Richard Gabriel lent...
June 23, 2026
Aspect carried out an asbestos survey for Higgins. An adjudicator ordered Aspect to pay Higgins £658,017. After limitation expired on Higgins's underlying claim, Aspect sued to recover the payment. The Supreme Court held an implied term or restitutionary right allowed recovery within six years of payment. Facts Aspect Contracts (Asbestos)...
June 23, 2026
The Pendragon Group used a KPMG-designed VAT scheme involving demonstrator cars, exploiting exemptions to recover input tax while paying output tax only on profit margins. The Supreme Court held the scheme was an abuse of law and allowed HMRC's appeal. Facts The Pendragon Group, Europe’s largest car sales group, implemented...
June 23, 2026
A French father sought the return of his two young daughters from Scotland under the Hague Convention, arguing they remained habitually resident in France. The Supreme Court dismissed his appeal, holding the children had become habitually resident in Scotland after four months of stable residence. Facts The two children, born...
June 23, 2026
A pregnant woman surrendered her hostel tenancy due to smells, then gave birth months later. Waltham Forest found her intentionally homeless. The Supreme Court held that her baby's birth, which would have caused homelessness regardless, broke the causal chain. Facts The appellant, Ms Haile, surrendered her tenancy of a bedsitting...
June 23, 2026
Hong Kong-based PCCM operated a NOW TV service and sought to prevent Sky from launching a UK service under the same name. The Supreme Court held that passing off requires actual goodwill, in the form of customers, within the UK jurisdiction—mere reputation is insufficient. Facts The appellants, Starbucks (HK) Ltd...
June 22, 2026
Three homeless applicants challenged local authorities' decisions that they were not 'vulnerable' under section 189(1)(c) of the Housing Act 1996. The Supreme Court clarified the correct comparator, the relevance of third-party support, and the public sector equality duty's application. Facts Three conjoined appeals concerned the assessment of ‘vulnerability’ under section...
June 22, 2026
Mr Gaughran was convicted of drink driving in Northern Ireland. The PSNI retained his DNA profile, fingerprints and photograph indefinitely. He challenged this under article 8 ECHR. The Supreme Court held, by majority, that indefinite retention was proportionate and lawful. Facts On 14 October 2008, the appellant, Fergus Gaughran, was...
June 22, 2026
ClientEarth challenged the UK Government's continuing failure since 2010 to meet EU nitrogen dioxide limits under Directive 2008/50/EC. Following a CJEU reference, the Supreme Court granted a mandatory order requiring new air quality plans by 31 December 2015. Facts The United Kingdom had admitted continuing failure since 2010 to comply,...
June 22, 2026
Individual members of forex trading LLP HFFX used a Capital Allocation Plan to defer remuneration via a corporate partner, GSAM, taxed at lower corporation tax rates. The Supreme Court held the deferred sums were taxable as income under section 687 ITTOIA, but section 850 did not apply. Facts HFFX LLP...
June 21, 2026
Trustees of Olympic Airlines' UK pension scheme sought a winding-up order in England to qualify for the Pension Protection Fund. The Supreme Court held that Olympic had no 'establishment' in the UK under EU Regulation 1346/2000, as only internal wind-down activities were occurring at its London office. Facts Olympic Airlines...
June 21, 2026
The University of Stirling failed to consult trade unions about non-renewal of limited term contracts during a redundancy process. The Supreme Court held that non-renewal of such contracts for reasons relating to the employer's business needs constitutes dismissal as redundant, requiring collective consultation. Facts In 2009-2010, the University of Stirling...
June 21, 2026
Westminster charged sex shop licence applicants a two-part fee, including a refundable element covering enforcement costs against unlicensed operators. The Supreme Court held domestic law permitted this and that EU law allowed type A schemes, but referred the type B refundable scheme to the CJEU. Facts Westminster City Council was...
June 21, 2026
A fraudster used fake insurance websites to dupe victims into paying money into bank accounts opened by the respondent. The Supreme Court held that money obtained by fraud became criminal property on receipt, so a section 328 POCA arrangement to retain it was chargeable. Facts The respondent, GH, opened two...
June 21, 2026
A homeless single mother of five with serious health conditions was offered temporary accommodation in Bletchley by Westminster City Council, far from her London home. The Supreme Court allowed her appeal, holding the council had failed to evidence and justify the out-of-borough placement under the Housing Act 1996. Facts The...
June 21, 2026
Journalist Rob Evans sought disclosure of correspondence between Prince Charles and government ministers. The Upper Tribunal ordered disclosure, but the Attorney General issued a section 53 certificate overriding the decision. The Supreme Court held the certificate unlawful, upholding judicial supremacy over executive override. Facts Rob Evans, a Guardian journalist, requested...
June 21, 2026
The Supreme Court considered whether a local authority should pay a father's costs after his successful appeal against care and placement orders. It held that the general 'no costs' rule in children's cases applies equally to appeals, absent reprehensible or unreasonable conduct. Facts The case concerned Amelia, aged seven, one...
June 21, 2026
Dorset County Council rejected five applications to record byways on its definitive map because the accompanying maps were computer-enlarged from 1:50,000 OS originals. The Supreme Court held, by majority, that maps presented at 1:25,000 satisfied the statutory requirement, preserving the vehicular rights of way. Facts Five applications were made under...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive