May 23, 2026
Tiuta sued De Villiers for negligent valuation underpinning a second loan facility which refinanced an earlier non-negligent facility plus advanced new money. The Supreme Court held the valuer's liability was limited to the new money, since the original loan would have been lost anyway. Facts Tiuta International Ltd, a short-term...
May 23, 2026
The Scotch Whisky Association challenged Scotland's minimum alcohol pricing legislation as contrary to EU law on free movement of goods. The Supreme Court dismissed the appeal, holding minimum pricing was a proportionate measure to protect public health, particularly targeting harmful drinking among deprived communities. Facts The Scottish Parliament enacted the...
May 23, 2026
Trustees sued their solicitors for negligently drafted notices to quit which failed to terminate agricultural leases. The Supreme Court held the claim had prescribed under the five-year short negative prescription, as time ran from when the trustees incurred expenditure, not when loss was discovered. Facts The appellants were trustees of...
May 23, 2026
Taxpayers in film partnership tax avoidance schemes claimed loss relief by carrying back partnership losses in their self-assessment returns. The Supreme Court held HMRC could challenge these claims through section 9A enquiries into the returns, not solely under Schedule 1A. Facts The appellants, Mr De Silva and Mr Dokelman, were...
May 23, 2026
Mrs HC, an Algerian Zambrano carer of two British children, challenged regulations excluding such carers from mainstream welfare benefits, housing assistance and child benefit. The Supreme Court dismissed her appeal, holding the Zambrano principle requires only practical support sufficient to prevent EU citizen children being forced to leave the Union....
May 23, 2026
A transgender woman challenged the DWP's policies on retaining her gender history and applying a Special Customer Records procedure when she claimed Jobseeker's Allowance. The Supreme Court unanimously dismissed her appeal, holding the policies lawful under the Gender Recognition Act, Human Rights Act and Equality Act. Facts The appellant, C,...
May 23, 2026
Dr Michalak, a doctor dismissed unfairly, alleged the GMC discriminated against her in fitness to practise proceedings. The Supreme Court held that judicial review is not a 'proceeding in the nature of an appeal' under section 120(7) Equality Act 2010, so the Employment Tribunal retained jurisdiction. Facts Dr Ewa Michalak...
May 21, 2026
Littlewoods overpaid VAT to HMRC over decades due to a mistake of law. HMRC repaid the principal and simple interest totalling £268m, but Littlewoods sought £1.25bn in compound interest at common law. The Supreme Court rejected the claim, holding it was statutorily excluded and not required by EU law. Facts...
May 21, 2026
A prisoner serving an extended sentence for culpable homicide was recalled to custody after reoffending on licence. He claimed inadequate rehabilitation courses breached article 5 ECHR. The Supreme Court dismissed his appeal, holding the rehabilitation duty applies to extended sentences but was not breached. Facts The appellant was convicted of...
May 21, 2026
Pirates seized MV Longchamp in the Gulf of Aden, demanding $6m ransom. The owners negotiated for 51 days, settling at $1.85m. The Supreme Court held that vessel-operating expenses incurred during the negotiation period were allowable in general average under Rule F of the York-Antwerp Rules 1974. Facts On 29 January...
May 21, 2026
Elsick challenged a planning authority's supplementary guidance requiring developers to contribute to a pooled Strategic Transport Fund for infrastructure across Aberdeen. The Supreme Court held the scheme unlawful, as contributions bore only trivial connection to individual developments, exceeding statutory powers under section 75 of the 1997 Act. Facts The Aberdeen...
May 21, 2026
A police officer with PTSD was dismissed after a misconduct hearing. The Supreme Court held that judicial immunity could not bar her Employment Tribunal discrimination claim under EU law, requiring section 42(1) of the Equality Act 2010 to be read conformably with the Framework Directive. Facts The appellant, P, was...
May 21, 2026
Taurus sought to enforce an arbitration award against SOMO by means of third party debt and receivership orders over sums payable under letters of credit issued by Crédit Agricole's London branch. The Supreme Court allowed the appeal, holding the debts were situated in England, owed to SOMO, and amenable to...
May 21, 2026
The Stewart brothers received heavily discounted life sentences for murder after agreeing to assist prosecutors under the Serious Organised Crime and Police Act 2005. After acquittals at trial, the specified prosecutor declined to refer their sentences back for review. The Supreme Court upheld that decision, rejecting a 'change of circumstances'...
May 21, 2026
Two Moroccan domestic workers employed at the Libyan and Sudanese embassies in London brought employment claims but were barred by state immunity under the State Immunity Act 1978. The Supreme Court held the relevant provisions incompatible with Article 6 ECHR and disapplied them for EU law claims. Facts Ms Janah,...
May 21, 2026
Ms Reyes, a Filipina domestic worker, sued her Saudi diplomat employer for trafficking and exploitation. The Supreme Court allowed her appeal, holding that since the diplomat's posting had ended, residual immunity under article 39(2) did not cover non-official acts like employing domestic staff. Facts Ms Reyes, a Philippine national, was...
May 21, 2026
MTH designed and installed offshore wind turbine foundations at Robin Rigg that failed shortly after completion due to an error in an international standard (J101). The Supreme Court held MTH liable, finding the Technical Requirements imposed a 20-year design life obligation that prevailed over compliance with J101. Facts MT Højgaard...
May 21, 2026
The Supreme Court held that section 92(1)(b) of the Trade Marks Act 1994 criminalises the unauthorised sale of 'grey market' goods, not merely 'true counterfeits'. Goods originally manufactured with the trade mark proprietor's consent but sold without authorisation fall within the criminal offence. Facts The appellants, a limited company and...
May 21, 2026
Goldtrail obtained judgment against Onur Air for £3.64m. Onur appealed but was ordered to pay the sum into court as a condition. Onur claimed this stifled its appeal. The Supreme Court clarified the test for assessing whether a third party's funds can be considered when determining stifling. Facts Goldtrail Travel...
May 21, 2026
Welsh Local Health Boards set a flat weekly rate for funding registered nurses in care homes, excluding personal care and certain other time. The Supreme Court held this misinterpreted section 49 of the Health and Social Care Act 2001 and quashed the decisions. Facts The case concerned the funding of...
May 21, 2026
BPP challenged HMRC's VAT assessments on book supplies. After HMRC failed to provide proper further information following a Tribunal order, the First-tier Tribunal debarred HMRC from defending the appeal. The Supreme Court upheld the debarring order, confirming tribunals must enforce procedural compliance robustly. Facts Between 1999 and 2006, BPP Holdings...
May 21, 2026
A Lithuanian EEA national and her Pakistani partner were detained on their wedding day on suspicion of entering a marriage of convenience. The Supreme Court held that the burden of proof lay on the Secretary of State, not the appellants, and remitted the case. Facts Ms Sadovska, a Lithuanian national,...
May 21, 2026
A divorced wife sought to postpone the sale of the matrimonial home, contrary to her undertaking to sell by 2012 if her husband was not released from mortgage covenants. The Supreme Court held the court had jurisdiction to release her from the undertaking and remitted the matter for determination on...
May 21, 2026
Mr McDonald, a former miner, retired early on ill-health grounds shortly after marrying. On divorce, the question arose whether his pension's matrimonial property value should be apportioned by reference to his active contributing period or his total scheme membership. The Supreme Court held membership included non-contributing periods. Facts Mr McDonald...
May 21, 2026
Westminster City Council charged sex shop licence applicants fees including enforcement costs against unlicensed operators. Following CJEU's ruling that upfront refundable enforcement charges breached the Services Directive, the Supreme Court held the scheme was only partially invalid and the council could recover enforcement costs from successful licensees. Facts Westminster City...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive