April 13, 2026
Romanian nationals with pre-settled status under the EU Settlement Scheme challenged refusal of universal credit as nationality discrimination under EU law. The Supreme Court held that EU citizens without EU law residence rights cannot claim equal treatment under Article 18 TFEU for social assistance benefits. Facts The respondents were two...
April 13, 2026
JB, a 38-year-old man with autism and brain damage, sought to engage in sexual relations but lacked understanding that sexual partners must consent throughout. The Supreme Court held that capacity to decide to engage in sexual relations under the Mental Capacity Act 2005 requires understanding that the other person must...
April 13, 2026
A container vessel grounded after leaving Xiamen port due to a defective passage plan that failed to note warnings about uncharted depths outside the fairway. The Supreme Court held that the defective passage plan rendered the vessel unseaworthy and the carrier could not rely on the nautical fault exception under...
April 13, 2026
A Lebanese franchisor sought to enforce an ICC arbitration award against a Kuwaiti company (KFG), claiming KFG became party to franchise agreements through conduct. The Supreme Court held English law governed the arbitration agreement and that KFG never became a party due to 'No Oral Modification' clauses requiring written consent....
April 13, 2026
Employer made direct pay offers to union members during ongoing collective bargaining negotiations, bypassing the agreed procedures with Unite. The Supreme Court held this contravened section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, as offers made before exhausting collective bargaining procedures achieve the 'prohibited result' when...
April 13, 2026
An asylum seeker was granted bail by the First-tier Tribunal with specific conditions. The Secretary of State imposed additional restrictions inconsistent with the bail order without seeking to vary it. The Supreme Court held that court orders must be obeyed until set aside, regardless of any defects, affirming the fundamental...
April 13, 2026
Lady Brownlie sought damages after a road accident in Egypt killed her husband and injured her. The Supreme Court considered whether tort claims could be served on an Egyptian hotel operator, interpreting the jurisdictional gateway requiring damage sustained within England. The majority held continuing pain and financial loss in England...
April 13, 2026
Ms Anwar suffered workplace harassment and obtained an employment tribunal award against her former employer, but could not recover payment as the employer allegedly dissipated funds. She claimed the UK failed to implement EU Equality Directives by not enabling employment tribunals to grant interim diligence. The Supreme Court held Scottish...
April 13, 2026
Ms Adelekun suffered personal injury in a road traffic accident and settled her claim against Ms Ho. A costs dispute arose over whether the defendant could set off costs owed to her against costs she owed the claimant under the QOCS scheme. The Supreme Court held that set-off constitutes enforcement...
April 13, 2026
The UK Supreme Court held that several provisions of the Scottish Parliament's UNCRC and ECLSG Incorporation Bills exceeded legislative competence by modifying section 28(7) of the Scotland Act 1998, which preserves Westminster's unqualified power to legislate for Scotland. The Bills attempted to subject UK Parliament Acts to judicial interpretation and...
April 13, 2026
TN, a Vietnamese asylum seeker, challenged the First-tier Tribunal's rejection of her asylum claim under the Fast Track Rules 2005, arguing the rules' systemic unfairness automatically nullified decisions made under them. The Supreme Court held that systemic unfairness in procedural rules does not automatically invalidate individual decisions; claimants must demonstrate...
April 13, 2026
HMRC opened a tax enquiry but sent the notice to Mr Tinkler's old address. His tax advisers BDO acknowledged the enquiry and corresponded with HMRC. Years later, Tinkler argued the enquiry was invalid. The Supreme Court held Tinkler was estopped by convention from denying the enquiry's validity. Facts Mr Tinkler...
April 13, 2026
BF, an Eritrean asylum seeker claiming to be 16, was assessed by immigration officers as an adult based on appearance and detained. He challenged the Secretary of State's policy guidance (criterion C) for assessing age, arguing it risked unlawful detention of children. The Supreme Court allowed the Secretary of State's...
April 13, 2026
A convicted sex offender challenged guidance on the Child Sex Offender Disclosure Scheme, arguing it insufficiently required police to consult him before disclosing his offences. The Supreme Court dismissed the appeal, clarifying that judicial review of policies requires showing they positively authorise or approve unlawful conduct, not merely that they...
April 13, 2026
CPRE Kent challenged costs orders made against it after its statutory planning review was refused permission. The Supreme Court upheld the Court of Appeal's practice that multiple defendants and interested parties may each recover reasonable costs for preparing acknowledgements of service, qualifying the Bolton principle for permission stage proceedings. Facts...
April 13, 2026
A local authority sought to use the High Court's inherent jurisdiction to authorise deprivation of liberty for a vulnerable child in placements that were not approved secure accommodation. The Supreme Court held that the inherent jurisdiction remains available in cases of necessity where no approved secure accommodation exists, despite regulatory...
April 13, 2026
Mrs X was raped and assaulted by a hotel employee while on a package holiday in Sri Lanka arranged by Kuoni. The Supreme Court held that Kuoni was liable for improper performance of the package travel contract, as the employee's guidance fell within holiday arrangements and the statutory exemptions did...
April 13, 2026
Mr Efobi, a Nigerian-born postman employed by Royal Mail, alleged direct racial discrimination after over 30 unsuccessful internal job applications. The Supreme Court considered whether section 136 of the Equality Act 2010 changed the burden of proof in discrimination cases. The Court held the statutory change was clarificatory, not substantive....
April 13, 2026
Two law firms disputed which could act for group claimants in Volkswagen diesel emissions litigation. The central issue was whether a non-compete undertaking given by one firm to the other was unenforceable as an unreasonable restraint of trade. The Supreme Court held the undertaking was enforceable and not an unreasonable...
April 12, 2026
UK companies receiving dividends from non-resident subsidiaries challenged differential tax treatment compared to wholly UK-resident groups. The Supreme Court addressed multiple issues including compound interest claims, restitution for unused double taxation relief, and enrichment questions arising from unlawfully levied advance corporation tax under EU law. Facts The Franked Investment Income...
April 12, 2026
An Iranian national who entered the UK lawfully as a child at age nine committed serious knifepoint robberies as a juvenile. The Supreme Court upheld his deportation, confirming that the 'very serious reasons' test from Maslov is not a separate threshold but a summary of how conventional balancing criteria apply...
April 10, 2026
The Supreme Court clarifies s.39 FSMA: principals can limit AR responsibility by client category.
April 10, 2026
Asset Land sold plots of greenfield land to investors, representing it would seek rezoning for development and arrange sales to developers. The Supreme Court held these arrangements constituted a collective investment scheme under section 235 of the Financial Services and Markets Act 2000, as investors lacked day-to-day control and the...
April 10, 2026
Kession, an authorised financial services firm, appointed JHM as its representative but prohibited dealing with retail clients. JHM wrongly dealt with retail clients who lost investments. The Supreme Court held that dealing with retail clients constitutes a distinct 'part' of business under section 39 FSMA, so Kession was not responsible...
April 10, 2026
Triple Point contracted with PTT to design and install commodity trading software. Triple Point failed to complete the work on time and PTT terminated the contract. The Supreme Court clarified that liquidated damages clauses apply to delay up to termination regardless of whether work is completed, and that 'negligence' in...
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive