Analysis

The National Case Law Archive analysis provides clear, structured commentary on key decisions – explaining what the court decided, why it matters, and how it fits within the wider law. Each analysis highlights the legal principles, reasoning, and practical impact, with links to related cases and key terms so you can follow developments across UK jurisdictions with confidence.

Asbestos sheets

Veale v Scottish Power: mesothelioma settlements, statutory releases, and relatives’ claims after discharge

In Veale (and others) v Scottish Power UK Plc, the UK Supreme Court was asked a tight but commercially significant question: where an injured person settles (and thereby discharges the defender’s liability) before developing mesothelioma, can the statutory “mesothelioma exception” still allow the person’s relatives to pursue the non‑patrimonial head of claim after the person later dies of mesothelioma?

Evans v NatWest Markets Plc and others (UKSC/2023/0173) FX markets screen

Evans: Supreme Court tightens the route to opt-out competition collective proceedings

In Evans v NatWest Markets Plc the UK Supreme Court allowed the banks’ appeal and reinstated the specialist tribunal’s refusal to certify Phillip Gywn James Evans’ application for opt-out collective proceedings in a follow-on foreign exchange (FX) damages claim, emphasising the breadth of the Tribunal’s discretionary case-management role and the limited proper scope of appellate intervention.

Providence v Hexagon analysis - hard hat and drawings

JCT termination after Providence v Hexagon: the Supreme Court closes the ‘repeat default’ shortcut

In Providence Building Services Limited v Hexagon Housing Association Limited the UK Supreme Court has resolved a narrow but high-impact question of contractual interpretation in the JCT Design and Build Contract 2016 termination regime: can a contractor terminate under clause 8.9.4 for a repeated “specified default” where the earlier default was cured within the 28‑day period, so that the clause 8.9.3 right to terminate never arose?

Emotional Perception AI Limited (Appellant) v Comptroller General of Patents, Designs and Trade Marks (Respondent) Case summary Case ID UKSC/2024/0131

Patenting AI after Emotional Perception AI [2026] UKSC 3

In Emotional Perception AI Limited v Comptroller General of Patents, Designs and Trade Marks (UKSC/2024/0131) the Supreme Court has reset the UK’s approach to the “computer program … as such” exclusion, overruling the long‑used Aerotel methodology and aligning UK interpretation with the European Patent Office’s reading of article 52 EPC following G1/19.

Dairy UK Ltd v Oatly AB [2026] UKSC 4 - dairy cows in a field

Dairy terms, plant-based branding and the trade mark register after Dairy UK v Oatly

In Dairy UK Ltd v Oatly AB [2026] UKSC 4, the Supreme Court held that Oatly’s trade mark “POST MILK GENERATION” is invalid so far as it covers oat-based foods and drinks, because section 3(4) of the Trade Marks Act 1994 blocks registration where the mark’s use is prohibited by another enactment. Crucially, the Court said the reserved dairy term regime can apply even without consumer deception, and it can apply to straplines and broader “in respect of” use, not just product names.