June 3, 2026
The House of Lords departed from its earlier decision in Walkley v Precision Forgings Ltd, holding that a claimant who issued a first action in time but had to bring a second action out of time could still invoke the section 33 discretion to disapply the limitation period. Facts On...
June 3, 2026
The Supreme Court considered whether living arrangements for three mentally incapacitated individuals amounted to a deprivation of liberty under Article 5 ECHR. The majority established the 'acid test': continuous supervision and control, and not free to leave, regardless of placement comfort or compliance. Facts The appeals concerned three mentally incapacitated...
June 3, 2026
The Attorney General for Northern Ireland referred whether a proposed Revised Code of Practice, allowing those lacking mental capacity to nonetheless validly consent to confinement through wishes and feelings, would breach article 5 ECHR. The Supreme Court overruled Cheshire West and held the Revised Code lawful. Facts The Attorney General...
June 1, 2026
Ms McBride, a fingerprint officer dismissed following the controversial McKie identification dispute, was found to have been unfairly dismissed. The Supreme Court held the Employment Tribunal had not erred in ordering her reinstatement, recognising practical rather than contractual limitations on her duties. Facts Ms McBride was employed as a fingerprint...
June 1, 2026
PJS, an entertainer in a same-sex marriage with children, sought to restrain publication of details of an extramarital threesome. Despite widespread internet and overseas disclosure, the Supreme Court reinstated the interim injunction, prioritising privacy and the children’s interests over press freedom. Facts PJS, a well-known figure in the entertainment industry,...
June 1, 2026
Iraqi civilians sued the MoD in England for alleged mistreatment by British forces in Iraq. The Supreme Court held that Iraqi limitation law applied but the suspensory provision in article 435 did not extend the period, as CPA Order 17’s bar on Iraqi proceedings was irrelevant to English proceedings. Facts...
June 1, 2026
Eclipse Film Partners challenged whether the First-tier Tribunal could order HMRC to share bundle preparation costs in a Complex tax case where Eclipse had opted out of cost-shifting. The Supreme Court unanimously held the FTT had no jurisdiction to make such an order under Rule 10. Facts Eclipse Film Partners...
June 1, 2026
Ship owners received bunkers from OW Bunker Malta under terms allowing consumption before payment, with title reserved pending payment. Following OWB Group’s insolvency, owners disputed liability. The Supreme Court held the contract was sui generis, not a sale, and owners were liable for the price. Facts The vessel ‘Res Cogitans’...
June 1, 2026
A widow complained to the Northern Ireland Complaints Commissioner about her late husband's GP care. The Commissioner recommended the GP pay £10,000. The Supreme Court held the Commissioner had no power to recommend monetary redress against a private practitioner or issue a special report on non-compliance. Facts The respondent was...
June 1, 2026
Airtours, facing financial difficulty, paid PwC to produce a report for its lending institutions on the viability of its restructuring proposals. The Supreme Court held, by majority, that PwC’s services were supplied to the Institutions, not Airtours, so Airtours could not recover VAT as input tax. Facts In October 2002,...
May 30, 2026
A bulk cement vessel was arrested in Nigeria due to a demurrage dispute between sub-contractors. The Supreme Court held the arrest was not occasioned by the charterer’s ‘agents’ within clause 49, so the vessel was off-hire during the arrest period. Facts By a time charter-party dated 11 September 2008 on...
May 30, 2026
A mentally ill Nigerian woman challenged the lawfulness of her immigration detention pending deportation. The Supreme Court held that, although the Home Secretary unlawfully failed to apply detention policy properly, a lawful application would not have secured earlier release, warranting only nominal damages. Facts The appellant, O, a Nigerian national,...
May 29, 2026
During the 2011 London riots, a Sony warehouse in Enfield was destroyed by rioters. Insurers and uninsured property owners claimed compensation under the Riot (Damages) Act 1886. The Supreme Court held that the Act compensates only for physical damage, not consequential losses such as lost profits or rent. Facts On...
May 28, 2026
An Algerian national, married to a French EEA national and with permanent residence rights in the UK, challenged his administrative detention pending a deportation decision under the EEA Regulations 2006. The Supreme Court unanimously dismissed the appeal, upholding the regulations' compatibility with EU law. Facts The appellant, Mr Nouazli, was...
May 28, 2026
Two Hungarian children born and living in England became subject to care proceedings. The Supreme Court considered whether the case should be transferred to Hungary under Article 15 of Brussels IIa. It allowed the appeal, holding the transfer request should be set aside. Facts The case concerned two young girls,...
May 28, 2026
The Supreme Court considered the extent of a prescriptive exclusive right to take cockles and mussels on the Wash foreshore. It held the seaward boundary fluctuates with the lowest astronomical tide, but previously separated sandbanks do not automatically become part of the fishery upon attachment. Facts The second respondent, Mr...
May 28, 2026
Two banks devised schemes paying employee bonuses via restricted shares in offshore vehicle companies to exploit Chapter 2 ITEPA 2003 exemptions and avoid income tax. The Supreme Court, applying a purposive Ramsay construction, held the artificial restrictions should be disregarded, making the bonuses taxable. Facts UBS AG and DB Group...
May 28, 2026
Magmatic, maker of the Trunki ride-on children's suitcase, sued PMS for infringing its Community Registered Design through the similar Kiddee Case. The Supreme Court dismissed Magmatic's appeal, holding that the Court of Appeal correctly found no infringement given the different overall impression. Facts Magmatic Ltd owned Community Registered Design No...
May 28, 2026
Mr Knauer's wife died of mesothelioma caused by asbestos exposure during her employment with the Ministry of Justice. The Supreme Court held that the multiplier for calculating future loss of dependency damages should be assessed from the date of trial, not the date of death, departing from earlier House of...
May 28, 2026
Shop Direct Group received a £124m VAT repayment relating to overpaid VAT on trades formerly carried on by other group companies. The Supreme Court held SDG was liable to corporation tax under section 103 ICTA on these post-cessation receipts as beneficial recipient. Facts Companies within the Littlewoods corporate group had,...
May 28, 2026
A home carer slipped on ice while visiting a terminally ill client and injured her wrist. The Supreme Court held her employer liable under the PPE Regulations, Management Regulations and at common law for failing to provide anti-slip footwear attachments, and clarified the rules on expert evidence. Facts Miss Kennedy...
May 28, 2026
A same-sex partner sought orders relating to a child taken to Pakistan by the biological mother. The Supreme Court held, by majority, that the child retained habitual residence in England, reshaping the test for losing habitual residence under European law. Facts The appellant and respondent lived together in England in...
May 28, 2026
Mr Youssef, an Egyptian national, challenged the Foreign Secretary's 2005 decision to lift a hold on his UN Sanctions Committee designation as associated with Al-Qaida. The Supreme Court dismissed his appeal, upholding the reasonable suspicion standard and rejecting torture-taint arguments. Facts The appellant, Mr Youssef, is an Egyptian national living...
May 28, 2026
A convicted murderer detained under the Mental Health Act 1983 challenged the Secretary of State's refusal of unescorted community leave. The Supreme Court considered whether he should remain anonymous in the proceedings and granted anonymity, allowing his appeal. Facts The appellant, aged 46, had a long history of mental illness...
May 28, 2026
A Polish national and an Austrian national, both EU citizens lacking worker status, were refused income support and housing assistance respectively in the UK. The Supreme Court dismissed their appeals, holding that EU law permits exclusion of economically inactive EU nationals from social assistance. Facts Two appeals were heard together...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive