The BBC challenged a Court of Session order anonymising a foreign sex offender (A) in judicial review proceedings concerning his deportation. The Supreme Court dismissed the appeal, holding the anonymity order was justified at common law and compatible with article 10 ECHR. Facts A, a foreign national granted indefinite leave...
Three prisoners challenged the Parole Board's refusal to grant oral hearings when reviewing their release. The Supreme Court unanimously held that fairness, both at common law and under Article 5(4) ECHR, required oral hearings in each case, providing comprehensive guidance on when such hearings are necessary. Facts Three conjoined appeals...
Local authorities in Merseyside and South Yorkshire challenged the Secretary of State's allocation of EU Structural Funds for 2014-2020, arguing they received disproportionately less than comparable UK transition regions. The Supreme Court dismissed the appeal by majority, holding the allocation was within the Secretary of State's wide discretion. Facts The...
Two young couples were denied marriage visas under Rule 277, which raised the minimum age for sponsor and applicant to 21 to deter forced marriages. The Supreme Court held that the rule disproportionately interfered with Article 8 rights and dismissed the Home Secretary’s appeals. Facts The appeals concerned Rule 277...
Relatives of 24 unarmed civilians killed by Scots Guards at Batang Kali, Malaya in December 1948 sought judicial review of the UK Government's refusal to hold a public inquiry. The Supreme Court dismissed the appeal, holding that neither article 2 ECHR, customary international law, nor common law judicial review required...
A Times journalist sought disclosure from the Charity Commission of documents relating to inquiries into George Galloway's Mariam Appeal. The Supreme Court held that section 32(2) FOIA provided absolute exemption lasting 30 years, and that article 10 ECHR imposed no general duty of disclosure, dismissing the appeal. Facts Mr Kennedy,...
Pham, born in Vietnam and naturalised British, was stripped of UK citizenship over alleged Al Qaida links. He claimed this rendered him stateless as Vietnam refused to recognise him. The Supreme Court dismissed his appeal, holding he retained Vietnamese nationality under Vietnamese law. Facts The appellant was born in Vietnam...
Following Lehman Brothers International (Europe)'s collapse in 2008, the Supreme Court considered how client money under FSA's CASS 7 rules should be protected and distributed. The court held the statutory trust arises on receipt, and by majority that pooling and distribution extends to all client money on a claims basis....
Fiona McDonald, a vulnerable tenant with mental health issues, faced eviction from a property bought by her parents through a buy-to-let mortgage after receivers were appointed. The Supreme Court held article 8 proportionality cannot be invoked against private sector landlords seeking possession. Facts The appellant, Fiona McDonald, aged 45, suffered...
Mr Pinnock's secure tenancy was demoted following anti-social behaviour by his family. Manchester City Council later sought possession. The Supreme Court held that courts must be able to assess proportionality under article 8 before making possession orders, but dismissed his appeal on the facts. Facts Manchester City Council had granted...
Mr Al-Sanea held Saudi Arabian shares on trust for Saad Investments Co Ltd (SICL) and, six weeks after SICL's winding up commenced, transferred them to Samba to discharge personal debts. The Supreme Court held this was not a 'disposition' of SICL's property under section 127 of the Insolvency Act 1986....
Three severely disabled men sought relief from laws criminalising assisted suicide. They argued section 2 of the Suicide Act 1961 breached article 8 ECHR, and that DPP prosecution guidelines lacked clarity. The Supreme Court dismissed the appeals but indicated Parliament should reconsider the issue. Facts The appeals concerned three men—Tony...
Mr Paulley, a wheelchair user, was prevented from boarding a FirstGroup bus because a woman with a sleeping child in a pushchair refused to vacate the wheelchair space. The Supreme Court held FirstGroup's 'first come, first served' policy with mere requests breached the duty to make reasonable adjustments under the...
Two cases concerned UK officials' alleged complicity in unlawful detention, rendition and torture by foreign states. Belhaj and Boudchar were rendered to Libya; Rahmatullah was detained by US forces for ten years. The Supreme Court unanimously held that neither state immunity nor the foreign act of state doctrine barred the...
Two detainees, captured by British forces during operations in Iraq and Afghanistan, sued for unlawful detention under Article 5 ECHR. The Supreme Court held that UN Security Council Resolutions authorised detention for imperative security reasons, with Article 5 modified accordingly, though procedural safeguards were inadequate. Facts The appeals concern two...
Four victims of the Northern Ireland Troubles challenged provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, including conditional immunity from prosecution, bars on civil actions, and the ICRIR's investigative powers. The Supreme Court allowed the Secretary of State's appeal on Windsor Framework and ICRIR grounds, dismissed the...
Foreign nationals detained by British forces in Iraq and Afghanistan sued the UK Government in tort under local law. The Supreme Court held that the doctrine of Crown act of state barred such claims where detention was carried out as inherently governmental acts pursuant to UK foreign policy during military...
Westminster Council hand-delivered a completion notice for business rates to a receptionist at 1 Kingsway, who emailed a scanned copy to the owner UKI. The Supreme Court held this constituted valid service, as the council caused the notice to reach the intended recipient. Facts UKI redeveloped 1 Kingsway, London, into...
PJ, a patient with learning disability, was discharged from hospital under a community treatment order with conditions amounting to deprivation of liberty. The Supreme Court held the Mental Health Act 1983 does not authorise responsible clinicians to impose such conditions. Facts PJ, aged 47, had a mild to borderline learning...
Mr Williams, who suffered from Tourette's syndrome, retired on ill-health grounds and received an enhanced pension calculated on his part-time salary. He claimed this was unfavourable treatment under section 15 of the Equality Act 2010. The Supreme Court dismissed his appeal. Facts Mr Williams was employed by Swansea University from...
The UK Supreme Court considered whether the Scottish Parliament's UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was within its legislative competence. The Court held the Bill was not generally outside competence, but section 17 and various provisions modified by the subsequently enacted UK Withdrawal Act 2018 were...
Transport for London disputed with London borough councils over what property transferred when highways were redesignated as GLA roads. The Supreme Court held that 'highway' in the Transfer Order included all property vested in the former authority in its capacity as highway authority, not merely the surface zone. Facts The...
A landlord opposed a business tenant's renewal under section 30(1)(f) of the Landlord and Tenant Act 1954, proposing substantial but objectively useless works whose sole purpose was to evict the tenant. The Supreme Court held such conditional intention does not satisfy ground (f). Facts The appellant tenant, S Franses Ltd,...
Coffee cargoes shipped in unventilated containers from Colombia to Germany were damaged by condensation. The Supreme Court held the carrier bears the legal burden of proving absence of negligence or that damage was caused by an excepted peril under the Hague Rules. Facts Six cargo owners shipped nine consignments of...
MM, a restricted patient detained under the Mental Health Act 1983 for arson, sought conditional discharge subject to community conditions amounting to a deprivation of liberty, to which he consented. The Supreme Court held, by majority, that neither the First-tier Tribunal nor the Secretary of State has power to impose...