SC, a Jamaican national, faced deportation as a foreign criminal. He argued deportation would breach his Article 3 ECHR rights due to risk of persecution in Jamaica linked to his mother's sexuality. The Supreme Court held that a person's criminality cannot make otherwise unreasonable internal relocation reasonable, and reinstated the...
Flynn Pharma and Pfizer successfully appealed to the CAT against a CMA decision finding they had abused dominant positions by charging excessive prices for epilepsy drug phenytoin sodium. The CAT ordered the CMA to pay a proportion of the appellants' costs. The Court of Appeal reversed this, applying a 'no...
The appellant pleaded guilty to aggravated burglary and related offences but challenged the reduced sentencing discount applied because he failed to admit guilt at police interview and was caught red-handed. The Supreme Court upheld the sentencing approach, confirming that Northern Ireland's sentencing guidelines requiring early admissions and reducing discounts for...
Zipvit sought to deduct input VAT on Royal Mail postal services which both parties mistakenly believed were exempt. The Supreme Court, following a CJEU reference, held VAT could not be regarded as ‘due or paid’ where no VAT had been charged or passed on. Facts Zipvit Ltd, a mail order...
Mr Coughlan challenged pilot orders requiring voter identification at local elections, arguing they exceeded ministerial powers under the Representation of the People Act 2000. The Supreme Court held that voter identification schemes fell within the statutory phrase 'how voting at the elections is to take place' and dismissed the appeal....
A tax-exempt pension fund trustee claimed repayment of manufactured overseas dividend withholding tax (MOD WHT), arguing the UK tax regime for stock lending of overseas shares restricted free movement of capital contrary to EU law. The Supreme Court held there was no breach of Article 63 TFEU and the remedy...
Two subsidiary companies claimed corporation tax deductions for accounting debits arising from share options granted to their employees by the parent company's employee benefit trust. HMRC contested the deductions. The Supreme Court held the debits were deductible trading expenses calculated in accordance with generally accepted accounting practice. Facts NCL Investments...
Bott & Co, solicitors claiming flight delay compensation for clients from Ryanair, sought to establish an equitable lien over compensation payments. Ryanair began paying clients directly, bypassing the solicitors. The Supreme Court held (3-2) that solicitors have an equitable lien where they provide services making a claim asserting a legal...
A local authority sought possession of a flexible secure tenancy property during the fixed term without seeking forfeiture. The Supreme Court held that the statutory secure tenancy regime does not diminish a tenant's contractual security, and landlords must either obtain a termination order in lieu of forfeiture or exercise an...
Mr Craig faced extradition to the US for alleged share fraud. The UK Government unlawfully failed to commence forum bar provisions in Scotland, depriving him of a statutory defence. The Supreme Court held that extradition proceedings conducted during this unlawful period were incompatible with his Article 8 rights and therefore...
Mr Parker deposited a bag at Charing Cross railway station and received a ticket with an exclusion clause on the back limiting liability for items over £10. His bag was lost. The Court of Appeal held that a party is bound by exclusion clauses if given reasonable notice, establishing the...
Lessees of holiday chalets challenged the interpretation of service charge provisions requiring payment of £90 annually, increasing by 10% compound each year. The Supreme Court held that despite producing commercially harsh results, the natural meaning of the clause required fixed payments as stated, not a cap on proportionate costs. The...
A rogue fraudulently obtained a car using a stolen driving licence to impersonate Mr Patel in a hire-purchase agreement with Shogun Finance. He then sold the car to Mr Hudson, an innocent purchaser. The House of Lords held (3-2) that no contract existed between Shogun and the rogue, so Hudson...
Investors who suffered losses from Home Income Plans claimed compensation from the Investors Compensation Scheme, which then sought to recover from building societies as assignees. The House of Lords clarified principles of contractual interpretation, holding that documents must be construed by reference to background knowledge available to parties, not merely...
The Parent executed accession deeds intended only to provide missing security over a shareholder loan but inadvertently undertook additional onerous obligations. The Court of Appeal clarified that rectification for common mistake requires proof of actual subjective common intention, not merely an objective assessment, and upheld rectification of the deeds. Facts...
Bloomberg published an article containing information from a confidential Letter of Request regarding a criminal investigation into ZXC by a UK law enforcement body. ZXC claimed misuse of private information. The Supreme Court upheld that persons under criminal investigation have, prior to charge, a reasonable expectation of privacy in information...
Mr O'Connor faced extradition to Greece but his solicitor failed to serve appeal notice within the seven-day limit. The Supreme Court held that under section 26(5) of the Extradition Act 2003, courts can entertain late appeals where the person themselves did everything reasonably possible, even if their legal representative failed....
A child challenged the £1,012 fee for registration as a British citizen under section 1(4) of the British Nationality Act 1981 as ultra vires, arguing it rendered the statutory right to citizenship nugatory for those unable to afford it. The Supreme Court dismissed the appeal, holding Parliament had authorised the...
Three appellants were convicted under section 13 of the Terrorism Act 2000 for carrying PKK flags at a London demonstration. The Supreme Court held that section 13 creates a strict liability offence requiring no mens rea beyond deliberate carrying, and that this is compatible with Article 10 ECHR. Facts On...
The Supreme Court considered whether the right to manage under the Commonhold and Leasehold Reform Act 2002 extends to shared estate facilities used by occupants of multiple buildings. The Court held it does not, overruling Gala Unity. RTM companies can only manage their specific building and exclusively-used facilities. Facts The...
The appellant aggressively interrogated a lodger about a missing ring, allegedly striking him and locking him in a room. The victim escaped through a window and was injured. The Court of Appeal held that 'actual bodily harm' can include psychiatric injury but not mere emotions like fear or distress, and...
Mrs Savage threw beer over Miss Beal in a pub; the glass broke and cut Miss Beal's wrist. The House of Lords held that for assault occasioning actual bodily harm under section 47, the prosecution need only prove an assault and that actual bodily harm resulted, without requiring foresight of...
The defendant stole money from a gas meter, causing gas to leak and partially asphyxiate a neighbour. The Court of Appeal quashed his conviction for maliciously administering a noxious substance, ruling that 'maliciously' requires foreseeability of harm, not merely general wickedness from an unrelated unlawful act. Facts The defendant removed...
The appellant engaged in stalking behaviour towards Miss Wilson, including delivering over 800 letters and making threats. The victim suffered depression and anxiety. The Court of Appeal held that words alone, including written letters, can constitute an assault if they cause the victim to apprehend immediate unlawful violence. Facts The...
Tuberville grabbed his sword handle but stated he would not act because judges were in town. Savage attacked him, causing loss of an eye. The court held that conditional threats without imminent harm do not constitute assault, establishing that words can negate an apparent threat. Facts Savage made insulting comments...